CELEX: 52011PC0876
Language: en
Date: 2012-01-31
Title: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy

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		52011PC0876
		
			Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy /* COM/2011/0876 final - 2011/0429 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
·                        
Grounds for and objectives of the proposal
This Commission proposal concerns the
review of the list of priority substances (PS) in the field of water policy, i.e.
the chemicals identified among those presenting a significant risk to or via
the aquatic environment at EU level which are listed in Annex X to the Water
Framework Directive (WFD) 2000/60/EC[1]. WFD
Article 16(4) requires the Commission to review the list of PS at least every
four years; Article 8 of the Environmental Quality Standards Directive (EQSD)
2008/105/EC[2],
in which Directive the environmental quality standards (EQS)[3] for the PS are set, requires the Commission to report the outcome
of its first review to the European Parliament and the Council in 2011. As part
of the review, the Commission has to consider inter alia the substances
in Annex III to that Directive for possible inclusion in the list. It is also
required to put forward proposals, if appropriate, for new PS, to set EQS for
surface water, sediment or biota[4]
as appropriate, and to review the EQS and status of existing PS.
·                        
General context 
The WFD acknowledges the existence of
considerable pressures on the aquatic environment, including that from chemical
pollution, and the need for sustainable water management. Its environmental
objectives include the achievement of good chemical and ecological status for
surface and groundwater bodies, and the prevention of deterioration. The
Directive is implemented at the level of river basin districts (RBDs). Member States
were required to adopt by 2009 a River Basin Management Plan (RBMP) based inter
alia on a pressures and impact analysis and the results of monitoring, and
a programme of measures for each district. 
To meet good chemical status, water bodies
must meet the EQS set for the PS and other 8 pollutants that were already
regulated at EU level. The current 33 PS include a range of industrial
chemicals, plant protection products and metals/metal compounds. Some PS are
identified as Priority Hazardous Substances (PHS) because of their persistence,
bioaccumulation and/or toxicity or equivalent level of concern, criteria
consistent with the criteria for Substances of Very High Concern (SVHCs) under
REACH[5].
Member States are required to monitor the PS in surface water bodies, and to
report exceedances of the EQS. The WFD requires the adoption of measures to
control the discharges, emissions and losses of PS and PHS to the aquatic
environment – progressive reduction in the case of PS, cessation or phasing out
in the case of PHS. 
The objective of good ecological status
requires that for chemicals identified as substances of concern at
local/river-basin/national level but not as PS at EU level, standards have to
be set at national level. These chemicals are known as river basin specific
pollutants.
Technical work on the review of the PS list
began in 2007 with a prioritisation exercise to identify possible new PS, and
this was followed by the processes of setting EQS for them and reviewing the
EQS for and status of the existing PS. The proposed new substances and changes
to existing substances are expected to be taken into account in the 2015
updated RBMPs and programmes of measures.
In the course of reviewing the PS list,
improvements in the functioning of the EQSD were identified, as well as a
mechanism for improving the identification of additional PS in future reviews. 
·                        
Existing provisions in this area
–                        
Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework for Community
action in the field of water policy 
–                        
Directive 2008/105/EC of the European Parliament
and of the Council of 16 December 2008 on environmental quality standards in
the field of water policy, amending and subsequently repealing Council
Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and
amending Directive 2000/60/EC of the European Parliament and of the Council 
–                        
Commission Directive 2009/90/EC of 31 July 2009
laying down, pursuant to Directive 2000/60/EC of the European Parliament and of
the Council, technical specifications for chemical analysis and monitoring of
water status 
·                        
Consistency with other policies
The 6th Environmental Action Programme
identifies the measures for priority substances as a key action (see Article
7(2)(e) of Decision 1600/2002/EC[6]).
The proposal is consistent with related policies and key legislation such as:
–                        
Chemicals policy: Regulation (EC) No 1907/2006
of the European Parliament and of the Council of 18 December 2006 concerning the
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),
establishing a European Chemicals Agency 
–                        
Plant Protection Products policy: Regulation
(EC) No 1107/2009 of the European Parliament and of the Council of 21 October
2009 concerning the placing of plant protection products on the market and
repealing Council Directives 79/117/EEC and 91/414/EEC, and Directive
2009/128/EC of the European Parliament and of the Council of 21 October 2009
establishing a framework for Community action to achieve the sustainable use of
pesticides 
–                        
Biocides policy: Directive 98/8/EC of the
European Parliament and of the Council of 16 February 1998 concerning the
placing of biocidal products on the market
–                        
Pharmaceuticals policy: Directive 2001/82/EC of
the European Parliament and of the Council of 6 November 2001 on the Community
code relating to veterinary medicinal products, and Directive 2001/83/EC of the
European Parliament and of the Council of 6 November 2001 on the Community code
relating to medicinal products for human use
–                        
Industrial emissions policy: Directive 2008/1/EC
of the European Parliament and of the Council of 15 January 2008 concerning
integrated pollution prevention and control and Directive 2010/75/EU of the
European Parliament and of the Council of 24 November 2010 on industrial
emissions 
–                        
Waste policy: Directive
2008/98/EC of the European Parliament and of the Council of 19 November 2008 on Waste; Directive
2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the
restriction of the use of certain hazardous substances in electrical and
electronic equipment (recast); Directive 2002/96/EC of the European Parliament
and of the Council of 27 January 2003 on waste electrical and electronic
equipment (WEEE) 
–                        
Persistent Organic Pollutants (POPs) policy: Regulation (EC) No 850/2004 of the European Parliament and of the
Council of 29 April 2004 on persistent organic pollutants
–                        
Policy for the protection of the marine
environment: Directive 2008/56/EC of the European Parliament and of the Council
of 17 June 2008 establishing a framework for community action in the field of
marine environmental policy (Marine Strategy Framework Directive) 
2.         RESULTS OF CONSULTATIONS WITH
THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
·                        
Consultations and use of expertise
The technical work for the review, i.e.
principally the prioritisation and EQS setting, was led by DG ENV and the JRC
and carried out by a range of experts in the period 2008-2010. These included
members of the Chemical Aspects Working Group E under the WFD Common
Implementation Strategy (CIS)[7],
in particular two sub-groups of WG E, and the consultancy INERIS (with input
from the International Office for Water, IOW). The membership of WG E and the
two sub-groups consists of Commission DGs (ENV, ENTR and SANCO), Member States
and stakeholder organisations including a range of European industry
associations (AESGP, AISE, Business Europe, CEFIC,
CEPI, CONCAWE, COPA-COGECA, ECPA, EFPIA, EUCETSA, EUDA, EUREAU, EURELECTRIC,
EUROFER, EUROMETAUX, EUROMINES), NGOs (EEB, Greenpeace, WWF) and intergovernmental organisations (OSPAR). 
WG E contributed significantly to the
review by supporting the collection of data (including monitoring and hazard
data), the prioritisation process for identifying new substances, the update of
the Technical Guidance Document on EQS setting, and the derivation of EQS. It
also supported the review of the existing priority substances and EQS. The two
sub-groups of WG E that carried out much of the work were the Expert Group on
the Technical Guidance Document EQS (EG-EQS), and the Sub-Group on Review of
Priority Substances (SG-R), both co-chaired by experts from the JRC and the UK.
The WG E industry stakeholder groups involved their most relevant member
companies, generally represented by technical experts, in the sub-group
discussions, particularly as the selection procedure reached its final stages
and EQS were developed.
The draft EQS were submitted to the
Scientific Committee on Health and Environmental Risks (SCHER)[8] for its opinion. 
In its opinion on the EQS
dossier for Nickel, the SCHER noted that in-depth analysis, including
independent statistical analysis, of some higher-tier data, could influence the
final EQS. Although this has since been attempted, difference of opinion among
the experts means that, in the draft proposal, the AA-EQS (inland waters) for
Nickel has been set at 4 rather than 2 μg/l, pending the outcome of
further consultation with the SCHER regarding the conclusions of the analysis.
·                        
Impact assessment
As the technical work was in its final
stages in 2010, work on the impact assessment began with the commencement of a
study by the consultancy Entec[9].
The consultant drafted individual substance impacts reports taking into account
the conclusions of the technical work[10],
and these were drawn upon for a large part of the accompanying Impact
Assessment Report. 
An Impact Assessment Steering Group supported
the preparation of the impact assessment, with the participation of the following
Commission services: the Secretariat‑General (SG), AGRI, ENTR, JRC, MARE,
REGIO, RTD, and SANCO. 
For the development of the impact
assessment report, consultations were undertaken with WG E and with additional
stakeholders not represented in that WG. 
The Impact Assessment Board discussed the
Impact Assessment report at its meeting on 22 June 2011. The comments made were
addressed in the accompanying Impact Assessment report.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
·                        
Legal basis
The legal basis of the proposal is Article
192(1) of the Treaty.
·                        
Subsidiarity and proportionality principles
Water pollution has a very important
transboundary character. 60% of the EU territory lies in shared river basins.
Because of this, and because many substances that cause pollution are used
across the EU, it is appropriate to set harmonised EQS for them at EU level
where a significant risk to or via the aquatic environment is identified. Apart
from the wider protection, a more level playing field is ensured than when only
a few Member States set an EQS or the national EQS are very different.
This proposal is limited to the
identification of priority substances and to establishing EQS at EU level. No
additional EU measures are proposed, beyond those already available. Specific
and additional pollution control measures are left to the Member States, which
can choose the most effective way of achieving the objectives taking into
account local conditions.
·                        
Choice of instrument
Proposed instrument: Directive amending WFD
and EQSD.
4.           BUDGETARY IMPLICATIONS
No budgetary implications are expected.
5.           ADDITIONAL INFORMATION
·                        
Detailed explanation of the proposal
The proposal amends the EQSD and the WFD,
the latter only as regards Annex X.
Article 1 replaces Annex X to the WFD with
the text set out in Annex I to this Directive. The updated Annex X includes the
newly proposed PS and identifies two existing PS as PHS. The Annex is
simplified by including some of the information that was previously in the
table in footnotes. 
Article 2 of this proposal amends the following
provisions of the EQSD:
Article 2 is amended to introduce a
definition for the term "matrix", i.e. the environmental compartment to
which the EQS apply and in which the concentrations of PS and PHS are therefore
to be monitored, usually water, sediment or biota (fish unless otherwise
stated).
Article 3 is amended to make it coherent
with the new structure of Part A of Annex I (in particular with the inclusion of
biota standards in the Annex), and to amend the obligations of the Member
States as regards the selection of the matrix for monitoring. A default
monitoring matrix is specified for each substance, on the basis of its
intrinsic properties. The existing flexibility for Member States to choose an
alternative matrix is retained, but it is now conditioned to the fulfilment of
the minimum analytical performance criteria in Article 4 of Commission
Directive 2009/90/EC[11].
In addition, to simplify reporting, the notification obligations set out in Article
3 of the EQSD are integrated into the reporting of the river basin management
plans under Article 15 of the WFD. Finally, the comitology mandate to amend
paragraph 3 of Part B of Annex I is aligned to the new delegated powers.
Articles 4(4) and 5(6) are deleted as a
consequence of the alignment of the act to the new implementing powers in the
Treaty. Such powers are not adequate for the adoption of technical guidelines
as these are not legally binding documents.
Article 8 is updated.
A new Article 8a is inserted that addresses
specific provisions for substances behaving as ubiquitous persistent,
bioaccumulative and toxic substances.
A new Article 8b is inserted to establish a
watch list for the targeted collection of monitoring data to support future reviews
of the PS list.
Article 9 is amended to be aligned to the
new Regulation (EU) No 182/2011[12]
on Commission implementing powers and introduces a new Article 10 on the
exercise of delegated powers. 
Part A of Annex I is replaced by Annex II to
this Directive, which introduces the newly proposed PS, amends the EQS for some
of the existing PS[13]
and introduces a column for biota standards. This latter column includes the
three biota standards that were already established by EQSD Article 3(2)(a) as
well as biota standards for some other existing PS and some new PS. Listing the
biota standards in Annex I of the EQSD simplifies presentation and improves
clarity.
Paragraph 2 of Part B of Annex I to the
EQSD is amended to make appropriate reference to the implementing powers under
Article 9.
Annex II to the EQSD is rendered obsolete
and is deleted.
Annex III to the EQSD, linked to the current
Article 8, is rendered obsolete and is deleted.
Article 3 of this proposal establishes the
obligations as regards transposition into national legislation and notification
to the Commission of the national provisions.
Article 4 refers to the entry into force.
Article 5 establishes that the Directive is
addressed to Member States.
2011/0429 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
amending Directives 2000/60/EC and
2008/105/EC as regards priority substances in the field of water policy
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[14],
Having regard to the opinion of the
Committee of the Regions[15],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)              
Chemical pollution of surface water presents a
threat to the aquatic environment with effects such as acute and chronic
toxicity to aquatic organisms, accumulation in the ecosystem and loss of
habitats and biodiversity, as well as a threat to human health. As a matter of
priority, causes of pollution should be identified and emissions should be
dealt with at source, in the most economically and environmentally effective
manner.
(2)              
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[16] lays down a strategy against the
pollution of water. That strategy involves the identification of priority
substances among those causing a significant risk to or via the aquatic environment
at Union level. Decision No 2455/2001/EC of the European Parliament and of the
Council of 20 November 2001 establishing the list of priority
substances in the field of water policy[17]
set out the first list of 33 substances or groups of substances that were
prioritised at Union level and that are currently included in Annex X to
Directive 2000/60/EC. 
(3)              
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[18]
lays down environmental quality standards (EQS) for the 33 priority substances
identified in Decision No 2455/2001/EC and 8 other pollutants that were already
regulated at Union level, in accordance with the provisions and objectives of
Directive 2000/60/EC.
(4)              
The Commission has conducted a review of the
list of priority substances according to Article 16(4) of Directive 2000/60/EC
and to Article 8 of Directive 2008/105/EC and come to the conclusion that it is
appropriate to amend the list of priority substances by identifying new
substances for priority action at Union level, setting EQS for them, updating according
to scientific progress the EQS for some existing substances, and setting biota
EQS for some existing and new priority substances.
(5)              
The review of the priority substances list has
been supported by an extensive consultation with experts from the Commission
services, Member States, stakeholders and the Scientific Committee on Health
and Environmental Risks (SCHER).
(6)              
Numerous Union acts have been adopted since the adoption
of Directive 2000/60/EC, which constitute emission control measures in
accordance with Article 16 of that Directive for individual priority
substances. Moreover, many environmental protection measures fall under the
scope of other existing Union legislation. Therefore, priority should be given
to implementing and revising existing instruments rather than establishing new
controls. The inclusion of a substance in Annex X to Directive 2000/60/EC is
without prejudice to the application of the provisions of Regulation (EC) No
1107/2009 of the European Parliament and of the Council of 21 October 2009
concerning the placing of plant protection products on the market and repealing
Council Directives 79/117/EEC and 91/414/EEC[19].
(7)              
Since the derivation of the EQS for the 33
priority substances included in Annex X to Directive 2000/60/EC a number of
risk assessments under Council Regulation (EEC) No 793/93 of 23 March 1993 on
the evaluation and control of the risks of existing substances,[20] later replaced by Regulation
(EC) No 1907/2006 of the European Parliament and of the Council of 18 December
2006 concerning the Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH), establishing a European Chemicals Agency, amending Directive
1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission
Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and
Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC,[21] have been concluded. In order
to ensure an appropriate level of protection and to update the EQS to the
latest scientific and technical knowledge as regards risks to or via the
aquatic environment, the EQS for some of the existing substances need to be
revised.
(8)              
Additional substances posing a significant risk
to or via the aquatic environment at Union level have been identified and prioritised
using the approaches specified in Article 16(2) of Directive 2000/60/EC and
need to be added to the list of priority substances. The latest available scientific
and technical information has been taken into account in deriving the EQS for these
substances. 
(9)              
The derivation of EQS for priority hazardous
substances usually involves higher levels of uncertainty than is the case for
priority substances but the EQS still establishes a benchmark to assess
compliance with the objective of good surface water chemical status, as defined
in Article 2(24) and points (ii) and (iii) of Article 4(1)(a) of Directive
2000/60/EC. However, in order to ensure an adequate level of protection for the
environment and human health, the ultimate aim for the priority hazardous
substances is the cessation or phase out of emissions, discharges and losses,
as established in Article 4(1)(a)(iv) of Directive 2000/60/EC.
(10)          
Scientific knowledge about the fate and effects
of pollutants in water has evolved significantly over recent years. We know
more about which compartment of the aquatic environment (water, sediment or
biota, hereinafter "matrix") a substance is likely to be found in,
and therefore where its concentration is most likely to be measurable. Some very
hydrophobic substances accumulate in biota and are hardly detectable in water
even using the most advanced analytical techniques. For these substances, EQS
should be set in biota. Nevertheless, in order to take advantage of their
monitoring strategy and adapt it to their local circumstances, Member States
should have flexibility to use alternative matrices (water, sediment or biota) for
monitoring provided the level of protection afforded by the EQS and the
monitoring system is as good as that provided by the EQS and matrix laid down
in this Directive.
(11)          
Commission Directive 2009/90/EC of 31 July 2009
laying down, pursuant to Directive 2000/60/EC of the European Parliament and of
the Council, technical specifications for chemical analysis and monitoring of
water status[22],
establishes minimum performance criteria for the analytical methods used in
monitoring water status. Those criteria ensure meaningful and relevant
monitoring information by requiring the use of analytical methods that are
sensitive enough to ensure that any exceedance of the EQS can be reliably
detected and measured. Member States should be permitted to use monitoring matrices
other than those specified by this Directive only if the analytical method used
meets the minimum performance criteria in Article 4 of Directive 2009/90/EC for
the relevant EQS and matrix, or performs significantly better than the method
used for the EQS and matrix specified in this Directive.
(12)          
Persistent, bioaccumulative and toxic substances
(PBTs) and other substances that behave like PBTs may be found for decades in
the aquatic environment at levels posing a significant risk, even if extensive
measures to reduce or eliminate emissions have already been taken. Some are
also capable of long-range transport and are largely ubiquitous in the
environment. Several such substances are among the existing and proposed
priority hazardous substances and, because of their long-term ubiquity, some of
them need special consideration as regards their impact on the presentation of
chemical status under Directive 2000/60/EC and as regards monitoring
requirements. 
(13)          
As regards the presentation of chemical status
according to Section 1.4.3 of Annex V to Directive 2000/60/EC, Member States
should be allowed to present separately the impact on chemical status of substances
that behave as ubiquitous PBTs so that improvements in water quality achieved
in relation to other substances are not obscured. In addition to the obligatory
map covering all substances, two additional maps, one covering only substances
behaving as ubiquitous PBTs and one covering other substances, could be
provided.
(14)          
Monitoring should be adapted to the spatial and
temporal scale of the expected variation in concentrations. Given the
widespread distribution and long recovery times expected for substances
behaving as ubiquitous PBTs, Member States should be allowed to reduce the
number of monitoring sites and/or frequency of monitoring for those substances,
as long as a statistically robust monitoring baseline is available. 
(15)          
The special consideration given to substances
behaving as ubiquitous PBTs does not exempt the Union or the Member States from
taking measures additional to those already taken, including at international
level, to reduce or eliminate emissions, discharges and losses of those
substances to achieve the objectives set out in Article 4(1)(a) of Directive
2000/60/EC.
(16)          
High-quality monitoring data, along with data on
ecotoxicological effects, are needed for the risk assessments that support the
selection of new priority substances. The monitoring data collected from Member
States, although significantly improved over the past years, is not always fit
for purpose in terms of quality and Union coverage. Monitoring data are
particularly lacking for many emerging pollutants, which can be defined as pollutants
currently not included in routine monitoring programmes at Union level but
which could pose a significant risk requiring regulation, depending upon their potential
(eco)toxicological and health effects and on their levels in the (aquatic)
environment.
(17)          
A new mechanism is needed to provide the
Commission with targeted high-quality monitoring information on the
concentration of substances in the aquatic environment, with a focus on
emerging pollutants and substances for which available monitoring data are not
of sufficient quality for the purpose of risk assessment. The new mechanism
should facilitate the gathering of that information across Union river basins. In
order to maintain the monitoring costs at reasonable levels, the mechanism
should focus on a limited number of substances, included temporarily in a watch
list, and a limited number of monitoring sites, but deliver representative data
that are fit for the purpose of the Union prioritisation process. The list
should be dynamic, to respond to new information on the potential risks posed
by emerging pollutants and avoid monitoring substances for longer than
necessary. 
(18)          
In order to simplify and streamline reporting
obligations for the Member States, and increase coherence with other related
elements of water management, the notification requirements in Article 3 of
Directive 2008/105/EC should be merged with the overall reporting obligations
under Article 15 of Directive 2000/60/EC. 
(19)          
With the adoption of this proposal and
submission of its report to the European Parliament and to the Council, the
Commission has completed its first review of the list of Priority Substances as
required by Article 8 of Directive 2008/105/EC. This has included a review of
the substances in Annex III to that Directive, some of which have been
identified for prioritisation. There is currently insufficient evidence to
prioritise the other substances. The possibility that new information regarding
those substances may become available means that they are not excluded from
future review, as it is true for the other substances considered but not
prioritised in the present review. Therefore, Annex III to Directive
2008/105/EC has become obsolete and should be deleted. Article 8 of that
Directive should be amended accordingly, also regarding the date of reporting
to the European Parliament and to the Council. 
(20)          
In order to react to relevant technical and
scientific progress in the area covered by this Directive in a timely manner,
the power to adopt acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be delegated to the Commission in
respect of the updating of the methods for applying the environmental quality
standards laid down in the Directive. 
(21)          
Furthermore, in order to improve the information
basis for future identification of priority substances, in particular as
regards emerging pollutants, the power to adopt acts in accordance with Article
290 of the Treaty on the Functioning of the European Union should be delegated
to the Commission in respect of the drawing up of a watch list. It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. 
(22)          
The Commission, when preparing and drawing-up
delegated acts, should ensure simultaneous, timely and appropriate transmission
of relevant documents to the European Parliament and to the Council.
(23)          
In order to ensure uniform conditions for the
implementation of this Directive, of the monitoring methods used for
monitoring the substances on the watch list and of the reporting formats for
the reporting to the Commission of the monitoring data and information, implementing
powers should be conferred on the Commission. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by the Member States of the Commission's
exercise of implementing powers[23].

(24)          
Since the objective of this Directive, namely
that of achieving good surface water chemical status by laying down EQS for priority substances and certain other pollutants, cannot be
sufficiently achieved by the Member States and can therefore, by reason of
maintaining the same level of protection of surface water throughout the Union,
be better achieved at Union level, the Union may adopt measures, in accordance
with the principle of subsidiarity as set out in Article 5 of the Treaty
on the European Union. In accordance with the principle of proportionality, as
set out in that Article, this Directive does not go beyond what is necessary in
order to achieve that objective.
(25)          
Directive 2000/60/EC and Directive 2008/105/EC
should therefore be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Annex X to Directive 2000/60/EC is replaced
by the text set out in Annex I to this Directive.
Article 2
Directive 2008/105/EC is amended as
follows: 
1.                      
Article 2 is replaced by the following:
‘Article
2
Definitions
For the purposes of this Directive, the
definitions laid down in Article 2 of Directive 2000/60/EC and in Article 2 of
Directive 2009/90/EC shall apply.
In addition, the following definition shall
apply:
'Matrix' means a compartment of the aquatic
environment, being water, sediment or biota.'
2.                      
Article 3 is replaced by the following:
‘Article
3
1.       In accordance with Article 1 of
this Directive and Article 4 of Directive 2000/60/EC, Member States
shall apply the EQS laid down in Part A of Annex I to this Directive
in bodies of surface water.
Member States shall apply the EQS in bodies of
surface water in accordance with the requirements laid down in Part B of
Annex I. [Note: this paragraph is not amended]
2.       For the substances numbered 5, 15, 16,
17, 21, 28, 34, 35, 37, 43 and 44 in Part A of Annex I, Member States
shall apply the biota EQS laid down in Part A of Annex I. For the rest of the substances,
Member States shall apply the water EQS laid down in Part A of Annex I. 
3.       Member States may opt to apply an EQS
for a matrix different from that specified in paragraph 2. 
Member States that make use of that option
shall apply the relevant EQS laid down in Part A of Annex I or, if none is
included for the relevant matrix, establish one that offers at least the same
level of protection as the EQS provided for in that annex. 
Member States may use that option only where the
method of analysis used for the selected matrix fulfils the minimum performance
criteria laid down in Article 4 of Commission Directive 2009/90/EC(*) or, where those criteria are not met for
any matrix, the method performs significantly better than that used for the matrix
specified in paragraph 2.
4.       For the substances for which an EQS for
sediment and/or biota is applied, Member States shall monitor the substance in the
relevant matrix at least once every year, unless technical knowledge and expert
judgment justify another interval.
5.       Member States shall include in the
updated river basin management plans produced in accordance with Article 13(7)
of Directive 2000/60/EC:
(a)     a table presenting the limits of
quantification of the methods of analysis applied, and information on the
performance of those methods in relation to the criteria laid down in Article 4
of Commission Directive 2009/90/EC; 
(b)     for the substances for which the option
in paragraph 3 has been used:
(i)      the reasons and basis for using it;
(ii)      where relevant, the alternative EQS
established, evidence that they would be at least as protective, including the
data and methodology used to derive them, and the categories of surface water
to which they would apply;
(iii)     for comparison with the information referred
to in point (a) of paragraph 5 of this Article, the limits of quantification of
the methods of analysis for the matrix or matrices specified in Part A of Annex
I to this Directive, including information on the performance of those methods
in relation to the criteria laid down in Article 4 of Commission Directive
2009/90/EC;
(c)     justification for the frequency of
monitoring applied in accordance with paragraph 4, if monitoring intervals are
longer than 1 year.
6.       Member States shall arrange for the
long‑term trend analysis of concentrations of those priority substances
listed in Part A of Annex I that tend to accumulate in sediment
and/or biota, giving particular consideration to the substances numbered 2,
5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28, 30, 34, 35, 36, 37, 43 and 44, on
the basis of the monitoring of water status carried out in accordance with
Article 8 of Directive 2000/60/EC. They shall take measures aimed at
ensuring, subject to Article 4 of Directive 2000/60/EC that such
concentrations do not significantly increase in sediment and/or relevant biota.
[Note: amendment includes only the addition of references to new priority
substances (30 to 44)]
Member States shall determine the frequency of
monitoring in sediment and/or biota so as to provide sufficient data for a
reliable long‑term trend analysis. As a guideline, monitoring should take
place every three years, unless technical knowledge and expert judgment justify
another interval. [Note: this paragraph is not amended]
7.       The Commission shall examine technical
and scientific progress, including the conclusion of risk assessments as
referred to in Article 16(2)(a) and (b) of Directive 2000/60/EC
and information from the registration of substances made publicly available
according to Article 119 of Regulation (EC) No 1907/2006, and, if
necessary, propose that the EQS laid down in Part A of Annex I to
this Directive be revised in accordance with the procedure laid down in
Article 294 of the Treaty in line with the timetable provided for in
Article 16(4) of Directive 2000/60/EC. [Note: this paragraph is
not amended]
8.       The Commission shall be empowered to
adopt delegated acts in accordance with Article 10 concerning the amendment of point 3
of Part B of Annex I to this Directive.
_________
(*)     OJ L 201, 1.8.2009, p. 36.’
3.                      
Paragraph 4 of Article 4 and paragraph 6 of
Article 5 are deleted.
4.                      
Article 8 is replaced by the following:
‘Article
8
Review
of Annex X to Directive 2000/60/EC
The Commission shall report to the European
Parliament and to the Council the outcome of the regular review of Annex X to
Directive 2000/60/EC provided for in Article 16(4) of that Directive. It shall
accompany the report, if appropriate, with relevant proposals, in particular
proposals to identify new priority substances or priority hazardous substances
or to identify certain priority substances as priority hazardous substances and
to set corresponding EQS for surface water, sediment or biota, as appropriate.'
5.                      
The following Article 8a is inserted:
‘Article
8a
Specific provisions for substances behaving
as ubiquitous persistent, bioaccumulative and toxic substances
For the substances numbered 5, 21, 28, 30, 35,
37, 43 and 44 in Part A of Annex I to this Directive, Member States
may:
(a) present the chemical status information
separately from that for the rest of the substances in the river basin
management plans produced in accordance with Article 13 of Directive
2000/60/EC, without prejudice to the requirements of Section 1.4.3 of Annex V
to that Directive regarding the presentation of the overall chemical status,
and/or
(b) monitor less intensively than required for
priority substances in accordance with Article 3(4) of this Directive and Annex
V to Directive 2000/60/EC, provided that the monitoring is representative and a
statistically robust baseline regarding the presence of those substances in the
aquatic environment already exists, covering at least one river basin
management planning cycle of six years.
The first paragraph shall be without prejudice
to the objectives and obligations laid down in Articles 4(1)(a), 11(3)(k) and
16(6) of Directive 2000/60/EC.'
6.                      
The following Article 8b is inserted: 
‘Article
8b
Watch
list
1.       The Commission shall draw up a watch list
of substances for which Union-wide monitoring data shall be gathered for the
purpose of supporting future prioritisation exercises in accordance with Article
16(2) of Directive 2000/60/EC.
The watch list shall contain no more than 25
substances or groups of substances at any given time and shall indicate the
monitoring matrix for each substance. The substances shall be selected from among
those for which the available information indicates that they may pose a significant
risk at Union level to or via the aquatic environment. In selecting the
substances for the watch list the Commission shall take into account all
available information including research projects, Member States'
characterisation and monitoring programmes under Articles 5 and 8 of Directive
2000/60/EC and information on production volumes, use patterns, concentrations
in the environment and effects, including that gathered in accordance with Directives
98/8/EC, 2001/82/EC* and 2001/83/EC of
the European Parliament and of the Council**,
and with Regulation (EC) No 1907/2006 and Regulation (EC) No 1107/2009 of the
European Parliament and of the Council***.
2.       The Commission shall be empowered to
adopt delegated acts in accordance with Article 10 concerning the drawing up of
the watch list referred to in paragraph 1 of this Article.
3.       The Commission shall draw up the first
watch list as referred to in paragraph 1 by[…][24].
4.       Member States shall monitor each
substance in the watch list at selected representative monitoring stations over
at least a 12-month period commencing within 3 months of its inclusion in the
watch list. 
Each Member State shall select at least one
station per, on average, 15000 km2 geographical area, with a minimum
of one per Member State. 
In selecting the representative stations, the
monitoring frequency and timing for each substance, Member States shall take
into account the use patterns of the substance. The frequency of monitoring shall
not be less than once per year.
5.       Member States shall report the results
of the monitoring carried out under paragraph 4 to the Commission within 18
months of the inclusion of the substance in the watch list, and every 12 months
thereafter while the substance is kept on the list. The report shall include information
on the representativeness of the station and monitoring strategy. 
6.       The Commission may adopt implementing acts laying down technical
specifications for the monitoring of the substances in the watch list and
technical formats for the reporting to the Commission of the monitoring results
and related information. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 9(2).
*        OJ L 311, 28.11.2001, p. 1.
**      OJ L 311, 28.11.2001, p. 67. 
***    OJ L 309, 24.11.2009, p. 1.’ 
7.                      
Article 9 is replaced by the following:
‘Article
9
1. The Commission shall be assisted by the
Committee established by Article 21(1) of Directive 2000/60/EC. That committee
shall be a committee within the meaning of Regulation (EU) No 182/2011.(*)
2.       Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
(*)     OJ L 55, 28.2.2011, p. 13.’
8.                      
Article 10 is replaced by the following:
‘Article 10
Exercise
of the delegation 
1. The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this
Article. 
2. The power to adopt delegated acts referred
to in Articles 3(8) and 8b(2) shall be conferred on the Commission for an
indeterminate period of time from the […][25].

3. The delegation of power referred to in
Article 3(8) and 8b(2) may be revoked at any time by the European Parliament or
by the Council. A decision to revoke shall put an end to the delegation of the
power specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union
or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force. 
4. As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament and to the
Council. 
5. A delegated act adopted pursuant to Article 3(8)
and 8b(2) shall enter into force only if no objection has been expressed either
by the European Parliament or the Council within a period of two months of
notification of that act to the European Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by two months at the
initiative of the European Parliament or of the Council.’
9.                      
In Annex I, Part A is replaced by the text set
out in Annex II to this Directive.
10.                  
In Annex I, point 2 of Part B is replaced by the
following:
‘2. Columns 6 and 7 of the table: For any given
surface water body, applying the MAC-EQS means that the measured concentration
at any representative monitoring point within the water body does not exceed
the standard.
However, in accordance with Section 1.3.4 of
Annex V to Directive 2000/60/EC, Member States may introduce statistical
methods, such as a percentile calculation, to ensure an acceptable level of
confidence and precision for determining compliance with the MAC-EQS. If they
do so, such statistical methods shall comply with detailed rules laid down in
accordance with the examination procedure referred to in Article 9(2) of this
Directive.’
11.                  
Annexes II and III are deleted.
Article 3
1.       Member States shall bring into force
the laws, regulations and administrative provisions necessary to comply with
this Directive by [26]
at the latest. They shall forthwith communicate to the Commission the text of
those provisions and a correlation table between those provisions and this
Directive.
When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.
2.       Member States shall communicate to the
Commission the text of the main provisions of national law which they adopt in
the field covered by this Directive.
Article 4
This Directive shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.
Article 5
This
Directive is addressed to the Member States.
Done at Brussels, 31.1.2012
For the European Parliament                       For
the Council
The President                                                 The
President
ANNEX I 
‘ANNEX X
LIST OF PRIORITY SUBSTANCES IN
THE FIELD OF WATER POLICY
 Number || CAS number1 || EU number2 || Name of priority substance3 || Identified as priority hazardous substance 
 (1)  15972-60-8 || 240-110-8 || Alachlor ||   
 (2)  120-12-7 || 204-371-1 || Anthracene || X 
 (3)  1912-24-9 || 217-617-8 || Atrazine ||   
 (4)  71-43-2 || 200-753-7 || Benzene ||   
 (5)  not applicable || not applicable || Brominated diphenylethers || X4 
 (6)  7440-43-9 || 231-152-8 || Cadmium and its compounds || X 
 (7)  85535-84-8 || 287-476-5 || Chloroalkanes, C10-13 || X 
 (8)  470-90-6 || 207-432-0 || Chlorfenvinphos ||   
 (9)  2921-88-2 || 220-864-4 || Chlorpyrifos (Chlorpyrifos‑ethyl) ||   
 (10)  107-06-2 || 203-458-1 || 1,2‑dichloroethane ||   
 (11)  75-09-2 || 200-838-9 || Dichloromethane ||   
 (12)  117-81-7 || 204-211-0 || Di(2‑ethylhexyl)phthalate (DEHP) || X 
 (13)  330-54-1 || 206-354-4 || Diuron ||   
 (14)  115-29-7 || 204-079-4 || Endosulfan || X 
 (15)  206-44-0 || 205-912-4 || Fluoranthene5 ||   
 (16)  118-74-1 || 204-273-9 || Hexachlorobenzene || X 
 (17)  87-68-3 || 201-765-5 || Hexachlorobutadiene || X 
 (18)  608-73-1 || 210-168-9 || Hexachlorocyclohexane || X 
 (19)  34123-59-6 || 251-835-4 || Isoproturon ||   
 (20)  7439-92-1 || 231-100-4 || Lead and its compounds ||   
 (21)  7439-97-6 || 231-106-7 || Mercury and its compounds || X 
 (22)  91-20-3 || 202-049-5 || Naphthalene ||   
 (23)  7440-02-0 || 231-111-4 || Nickel and its compounds ||   
 (24)  not applicable || not applicable || Nonylphenols || X6 
 (25)  not applicable || not applicable || Octylphenols7 ||   
 (26)  608-93-5 || 210-172-0 || Pentachlorobenzene || X 
 (27)  87-86-5 || 201-778-6 || Pentachlorophenol ||   
 (28)  not applicable || not applicable || Polyaromatic hydrocarbons (PAH)8 || X 
 (29)  122-34-9 || 204-535-2 || Simazine ||   
 (30)  not applicable || not applicable || Tributyltin compounds || X9 
 (31)  12002-48-1 || 234-413-4 || Trichlorobenzenes ||   
 (32)  67-66-3 || 200-663-8 || Trichloromethane (chloroform) ||   
 (33)  1582-09-8 || 216-428-8 || Trifluralin || X 
 (34)  115-32-2 || 204-082-0 || Dicofol || X 
 (35)  1763-23-1 || 217-179-8 || Perfluorooctane sulfonic acid and its derivatives (PFOS) || X 
 (36)  124495-18-7 || not applicable || Quinoxyfen || X 
 (37)  not applicable || not applicable || Dioxins and dioxin-like compounds || X10 
 (38)  74070-46-5 || 277-704-1 || Aclonifen ||   
 (39)  42576-02-3 || 255-894-7 || Bifenox ||   
 (40)  28159-98-0 || 248-872-3 || Cybutryne ||   
 (41)  52315-07-8 || 257-842-9 || Cypermethrin11 ||   
 (42)  62-73-7 || 200-547-7 || Dichlorvos ||   
 (43)  not applicable || not applicable || Hexabromocyclododecanes (HBCDD) || X12 
 (44)  76-44-8 / 1024-57-3 || 200-962-3 / 213-831-0 || Heptachlor and heptachlor epoxide || X 
 (45)  886-50-0 || 212-950-5 || Terbutryn ||   
 (46)  57-63-6 || 200-342-2 || 17alpha-ethinylestradiol13 ||   
 (47)  50-28-2 || 200-023-8 || 17beta-estradiol13 ||   
 (48)  15307-79-6 || 239-346-4 || Diclofenac13 ||   

__________________________
1             CAS:
Chemical Abstracts Service.
2             EU‑number:
European Inventory of Existing Commercial Substances (EINECS) or European List
of Notified Chemical Substances (ELINCS).
3             Where groups of
substances have been selected, unless explicitly noted, typical individual
representatives are defined in the context of the setting of environmental
quality standards.
4             Only Tetra, Penta, Hexa
and Heptabromodiphenylether (CAS‑numbers 93703-48-1, 32534‑81‑9,
36483-60-0, 68928-80-3, respectively).
5             Fluoranthene is on the
list as an indicator of other, more dangerous polyaromatic hydrocarbons.
6             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).
7             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).
8             Including benzo(a)pyrene
(CAS 50-32-8, EU 200-028-5), benzo(b)fluoranthene (CAS 205-99-2, EU 205-911-9),
benzo(g,h,i)perylene (CAS 191-24-2, EU 205-883-8), benzo(k)fluoranthene (CAS
207-08-9, EU 205-916-6), indeno(1,2,3-cd)pyrene (CAS 193-39-5, EU 205-893-2)
and excluding anthracene, fluoranthene and naphthalene, which are listed
separately.
9             Including
tributyltin-cation (CAS 36643-28-4).
10            This includes the
following compounds: 
7 polychlorinated dibenzo-p-dioxins (PCDDs):
2,3,7,8-T4CDD (CAS 1746-01-6), 1,2,3,7,8-P5CDD (CAS 40321-76-4),
1,2,3,4,7,8-H6CDD (CAS 39227-28-6), 1,2,3,6,7,8-H6CDD (CAS 57653-85-7),
1,2,3,7,8,9-H6CDD (CAS 19408-74-3), 1,2,3,4,6,7,8-H7CDD (CAS 35822-46-9),
1,2,3,4,6,7,8,9-O8CDD (CAS 3268-87-9)
10 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) 
12 dioxin-like polychlorinated biphenyls (PCB-DL):
3,3’,4,4’-T4CB (PCB 77, CAS 32598-13-3), 3,3’,4’,5-T4CB (PCB 81, CAS
70362-50-4), 2,3,3',4,4'-P5CB (PCB 105, CAS 32598-14-4), 2,3,4,4',5-P5CB (PCB
114, CAS 74472-37-0), 2,3',4,4',5-P5CB (PCB 118, CAS 31508-00-6),
2,3',4,4',5'-P5CB (PCB 123, CAS 65510-44-3), 3,3’,4,4’,5-P5CB (PCB 126, CAS
57465-28-8), 2,3,3',4,4',5-H6CB (PCB 156, CAS 38380-08-4), 2,3,3',4,4',5'-H6CB
(PCB 157, CAS 69782-90-7), 2,3',4,4',5,5'-H6CB (PCB 167, CAS 52663-72-6),
3,3’,4,4’,5,5’-H6CB (PCB 169, CAS 32774-16-6), 2,3,3',4,4',5,5'-H7CB (PCB 189, CAS
39635-31-9).
11            This
includes the eight isomers contributing to CAS 52315-07-8, and therefore also
CAS 67375-30-8 (Alpha cypermethrin).
12            This
includes 1,3,5,7,9,11-Hexabromocyclododecane (CAS 25637-99-4), 1,2,5,6,9,10-
Hexabromocyclododecane (CAS 3194-55-6), α-Hexabromocyclododecane (CAS
134237-50-6), β-Hexabromocyclododecane (CAS 134237-51-7) and γ-
Hexabromocyclododecane (CAS 134237-52-8).
13            The inclusion of these substances in Annex X is without
prejudice to Regulation (EC) 726/2004, Directive 2001/83/EC and Directive
2001/82/EC.’
ANNEX II
‘PART A: ENVIRONMENTAL QUALITY STANDARDS
(EQS)
AA: annual average. 
MAC: maximum allowable concentration.
Unit:     [µg/l] for columns (4) to (7)
            [µg/kg wet weight] for column
(8)
 (1)  (2) || (3) || (4) || (5) || (6) || (7) || (8) 
 No || Name of substance || CAS number1 || AA‑EQS2 Inland surface waters3 || AA‑EQS2 Other surface waters || MAC‑EQS4 Inland surface waters3 || MAC‑EQS4 Other surface waters || EQS Biota12 
 (1)  Alachlor || 15972‑60‑8 || 0,3 || 0,3 || 0,7 || 0,7 ||   
 (2)  Anthracene || 120‑12‑7 || 0,1 || 0,1 || 0,1 || 0,1 ||   
 (3)  Atrazine || 1912‑24‑9 || 0,6 || 0,6 || 2,0 || 2,0 ||   
 (4)  Benzene || 71‑43‑2 || 10 || 8 || 50 || 50 ||   
 (5)  Brominated diphenylethers5 || 32534‑81‑9 || 4,9 10-8 || 2,4 10-9 || 0,14 || 0,014 || 0,0085 
 (6)  Cadmium and its compounds (depending on water hardness classes) 6 || 7440‑43‑9 || ≤ 0,08 (Class 1) 0,08 (Class 2) 0,09 (Class 3) 0,15 (Class 4) 0,25 (Class 5) || 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) ||   
 (6a)  Carbon-tetrachloride7 || 56‑23‑5 || 12 || 12 || not applicable || not applicable ||   
 (7)  C10‑13 Chloroalkanes8 || 85535‑84‑8 || 0,4  || 0,4 || 1,4 || 1,4 ||   
 (8)  Chlorfenvinphos || 470‑90‑6 || 0,1 || 0,1 || 0,3 || 0,3 ||   
 (9)  Chlorpyrifos (Chlorpyrifos-ethyl) || 2921‑88‑2 || 0,03 || 0,03 || 0,1 || 0,1 ||   
 (9a)  Cyclodiene pesticides: Aldrin7 Dieldrin7 Endrin7 Isodrin7 ||   309‑00‑2 60‑57‑1 72‑20‑8 465‑73‑6 || Σ = 0,01 || Σ = 0,005 || not applicable || not applicable ||   
 (9b)  DDT total7,9 || not applicable || 0,025 || 0,025 || not applicable || not applicable ||   
 para-para‑DDT7 || 50‑29‑3 || 0,01 || 0,01 || not applicable || not applicable ||   
 (10)  1,2‑Dichloroethane || 107‑06‑2 || 10 || 10 || not applicable || not applicable ||   
 (11)  Dichloromethane || 75‑09‑2 || 20 || 20 || not applicable || not applicable ||   
 (12)  Di(2‑ethylhexyl)-phthalate (DEHP) || 117‑81‑7 || 1,3 || 1,3 || not applicable || not applicable ||   
 (13)  Diuron || 330‑54‑1 || 0,2 || 0,2 || 1,8 || 1,8 ||   
 (14)  Endosulfan || 115‑29‑7 || 0,005 || 0,0005 || 0,01 || 0,004 ||   
 (15)  Fluoranthene || 206‑44‑0 || 0,0063 || 0,0063 || 0,12 || 0,12 || 30 
 (16)  Hexachloro-benzene || 118‑74‑1 ||   ||   || 0,05 || 0,05 || 10 
 (17)  Hexachloro-butadiene || 87‑68‑3 ||   ||   || 0,6 || 0,6 || 55 
 (18)  Hexachloro-cyclohexane || 608‑73‑1 || 0,02 || 0,002 || 0,04 || 0,02 ||   
 (19)  Isoproturon || 34123‑59‑6 || 0,3 || 0,3 || 1,0 || 1,0 ||   
 (20)  Lead and its compounds || 7439‑92‑1 || 1,213 || 1,3 || 14 || 14 ||   
 (21)  Mercury and its compounds || 7439‑97‑6 ||   ||   || 0,07 || 0,07 || 20 
 (22)  Naphthalene || 91‑20‑3 || 2 || 2 || 130 || 130 ||   
 (23)  Nickel and its compounds || 7440‑02‑0 || 413 || 8,6 || 34 || 34 ||   
 (24)  Nonylphenols (4-Nonylphenol) || 84852-15-3 || 0,3 || 0,3 || 2,0 || 2,0 ||   
 (25)  Octylphenols ((4-(1,1',3,3'-tetramethylbutyl)-phenol)) || 140‑66‑9 || 0,1 || 0,01 || not applicable || not applicable ||   
 (26)  Pentachloro-benzene || 608‑93‑5 || 0,007 || 0,0007 || not applicable || not applicable ||   
 (27)  Pentachloro‑phenol || 87‑86‑5 || 0,4 || 0,4 || 1 || 1 ||   
 (28)  Polyaromatic hydrocarbons (PAH)11 || not applicable || not applicable || not applicable || not applicable || not applicable ||   
 Benzo(a)pyrene || 50-32-8 || 1,7 10-4         || 1,7 10-4         || 0,27 || 0,027 || 2 for fish 5 for crustaceans and cephalopods 10 for molluscs 
 Benzo(b)fluor-anthene || 205‑99‑2 || 0,017 || 0,017 
 Benzo(k)fluor-anthene || 207‑08‑9 || 0,017 || 0,017 
 Benzo(g,h,i)-perylene || 191‑24‑2 || 8,2 10-3 || 8,2 10-4 
 Indeno(1,2,3-cd)-pyrene || 193-39-5 ||   ||   
 (29)  Simazine || 122‑34‑9 || 1 || 1 || 4 || 4 ||   
 (29a)  Tetrachloro-ethylene7 || 127‑18‑4 || 10 || 10 || not applicable || not applicable ||   
 (29b)  Trichloro-ethylene7 || 79‑01‑6 || 10 || 10 || not applicable || not applicable ||   
 (30)  Tributyltin compounds (Tributhyltin-cation) || 36643-28-4 || 0,0002 || 0,0002 || 0,0015 || 0,0015 ||   
 (31)  Trichloro-benzenes || 12002-48-1 || 0,4 || 0,4 || not applicable || not applicable ||   
 (32)  Trichloro-methane || 67-66-3 || 2,5 || 2,5 || not applicable || not applicable ||   
 (33)  Trifluralin || 1582-09-8 || 0,03 || 0,03 || not applicable || not applicable ||   
 (34)  Dicofol || 115-32-2 || 1,3 10-3 || 3,2 10-5 || not applicable10 || not applicable10 || 33 
 (35)  Perfluorooctane sulfonic acid and its derivatives (PFOS) || 1763-23-1 || 6,5 10-4 || 1,3 10-4 || 36 || 7,2 || 9,1 
 (36)  Quinoxyfen || 124495-18-7 || 0,15 || 0,015 || 2,7 || 0,54 ||   
 (37)  Dioxins and dioxin-like compounds || See footnote 10 in Annex X to Directive 2000/60/EC ||   ||   ||   ||   || Sum of PCDD+PCDF+PCB-DL 0,008 µg.kg-1 TEQ14 
 (38)  Aclonifen || 74070-46-5 || 0,12 || 0,012 || 0,12 || 0,012 ||   
 (39)  Bifenox || 42576-02-3 || 0,012 || 0,0012 || 0,04 || 0,004 ||   
 (40)  Cybutryne || 28159-98-0 || 0,0025 || 0,0025 || 0,016 || 0,016 ||   
 (41)  Cypermethrin || 52315-07-8 || 8 10-5 || 8 10-6 || 6 10-4 || 6 10-5 ||   
 (42)  Dichlorvos || 62-73-7 || 6 10-4 || 6 10-5 || 7 10-4 || 7 10-5 ||   
 (43)  Hexabromocyclododecane (HBCDD) || See footnote 12 in Annex X to Directive 2000/60/EC || 0,0016 || 0,0008 || 0,5 || 0,05 || 167 
 (44)  Heptachlor and heptachlor epoxide || 76-44-8 / 1024-57-3 || 2 10-7 || 1 10-8 || 3 10-4 || 3 10-5 || 6,7 10-3 
 (45)  Terbutryn || 886-50-0 || 0,065 || 0,0065 || 0,34 || 0,034 ||   
 (46)  17alpha-ethinylestradiol || 57-63-6 || 3,5 10-5 || 7 10-6 || not applicable || not applicable ||   
 (47)  17beta-estradiol || 50-28-2 || 4 10-4 || 8 10-5 || not applicable || not applicable ||   
 (48)  Diclofenac || 15307-79-6 || 0,1 || 0,01 || not applicable10 || not applicable10 ||   

__________________________
1                 CAS:
Chemical Abstracts Service.
2             This parameter is the
EQS expressed as an annual average value (AA‑EQS). Unless otherwise
specified, it applies to the total concentration of all isomers.
3             Inland surface waters
encompass rivers and lakes and related artificial or heavily modified water
bodies.
4             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.
5             For the group of
priority substances covered by brominated diphenylethers (No 5), the EQS should
be compared with the sum of the concentrations of congener numbers 28, 47,
99, 100, 153 and 154.
6             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).
7             This substance is not a
priority substance but one of the other pollutants for which the EQS are
identical to those laid down in the legislation that applied prior to 13
January 2009.
8             No indicative parameter
is provided for this group of substances. The indicative parameter(s) must be
defined through the analytical method.
9             DDT total comprises the
sum of the isomers 1,1,1‑trichloro‑2,2 bis (p‑chlorophenyl)
ethane (CAS number 50‑29‑3; EU number 200‑024‑3);
1,1,1‑trichloro‑2 (o‑chlorophenyl)‑2‑(p‑chlorophenyl)
ethane (CAS number 789‑02‑6; EU Number 212‑332‑5);
1,1-dichloro‑2,2 bis (p‑chlorophenyl) ethylene
(CAS number 72‑55‑9; EU Number 200‑784‑6);
and 1,1‑dichloro‑2,2 bis (p‑chlorophenyl) ethane
(CAS number 72‑54‑8; EU Number 200‑783‑0).
10            There is not sufficient
information available to set a MAC-EQS for these substances.
11            For the group of
priority substances of polyaromatic hydrocarbons (PAH) (No 28), the biota EQS
is based on the toxicity of benzo(a)pyrene, which should be measured as a
marker for the other PAHs, and whose concentration should be compared with the
EQS. The AA-EQS in water is a corresponding value.
12            Unless explicitly
indicated, the biota EQS refer to fish.
13            These EQS refer to
bioavailable concentrations of the substances.
14            PCDD: polychlorinated
dibenzo-p-dioxins; PCDF: polychlorinated dibenzofurans; PCB-DL: dioxin-like
polychlorinated biphenyls; TEQ: toxic equivalents.
[1]               Directive 2000/60/EC of the European Parliament and
of the Council of 23 October 2000 establishing a framework for Community action
in the field of water policy (OJ L 327, 22.12.2000, p. 1). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:02000L0060-20090113:EN:NOT
[2]               Directive 2008/105/EC of the European Parliament and
of the Council of 16 December 2008 on environmental quality standards in the
field of water policy, amending and subsequently repealing Council Directives
82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending
Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348,
24.12.2008, p. 84). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0105:EN:NOT
[3]               An EQS is defined as ‘the concentration of a
particular pollutant or group of pollutants in water, sediment or biota which
should not be exceeded in order to protect human health and the environment’
(WFD Article 2(35))
[4]               Biota refers to any groups of living aquatic
organisms that can be analysed and used as indicators of pollution such as
fish, mussels, invertebrates, etc.
[5]               Regulation (EC) No 1907/2006 of the European
Parliament and of the Council of 18 December 2006 concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a
European Chemicals Agency, amending Directive 1999/45/EC and repealing Council
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as
Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC,
93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R1907:EN:NOT

[6]               Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the Sixth Community Environment
Action Programme (OJ L 242, 10.9.2002, p. 1). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:242:0001:0015:EN:PDF

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

[8]               The SCHER is one of the Scientific Committees providing
the Commission with independent advice. It is made up of 17 scientists. More
information at http://ec.europa.eu/health/scientific_committees/environmental_risks/index_en.htm

[9]               Contract No 070307/2009/547548/SER/D1
[10]             For the existing substances under review, some of the
supporting information for the study was prepared by a second consultancy, WRc
(with input from Milieu).
[11]             Commission Directive 2009/90/EC of 31 July 2009 laying
down, pursuant to Directive 2000/60/EC of the European Parliament and of the
Council, technical specifications for chemical analysis and monitoring of water
status (OJ L 201, 1.8.2009, p. 36). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:201:0036:0038:EN:PDF

[12]             Regulation (EU) No 182/2011 of the European Parliament
and of the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:055:0013:0018:EN:PDF

[13]             Changes affect the following existing substances:
numbers 2 (Anthracene), 5 (Brominated diphenyl ethers), 15 (Fluoranthene), 20
(Lead and its compounds), 22 (Naphthalene), 23 (Nickel and its compounds) and
28 (Polyaromatic hydrocarbons).
[14]             OJ C , , p. .
[15]             OJ C , , p. .
[16]             OJ L 327, 22.12.2000, p. 1.
[17]             OJ L 331, 15.12.2001, p. 1.
[18]             OJ L 348, 24.12.2008, p. 84.
[19]             OJ L 309, 24.11.2009,
p. 1.
[20]             OJ L 84, 5.4.1993, p. 1.
[21]             OJ L 396, 30.12.2006, p. 1.
[22]             OJ L 201, 1.8.2009, p. 36.
[23]             OJ L 55, 28.2.2011, p. 13. 
[24]             12 months after the adoption of this Directive.
[25]             Date of the entry into force of this Directive.
[26]             12 months after the adoption of this Directive.