Article 1 Subject matter
This Directive lays down environmental quality standards (EQS) for priority substances and certain other pollutants as provided for in Article 16 of Directive 2000/60/EC, with the aim of achieving good surface water chemical status and in accordance with the provisions and objectives of Article 4 of that Directive.
Article 2 Definitions
For the purposes of this Directive, the definitions laid down in Article 2 of Directive 2000/60/EC shall apply.
Amendment rationale: 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)
Revised version (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 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 ( 20 ) shall apply. In addition, the following definitions shall apply: (1) ‘matrix‘ means a compartment of the aquatic environment, namely water, sediment or biota; (2) ‘biota taxon’ means a particular aquatic taxon within the taxonomic rank ‘sub-phylum’, ‘class’ or their equivalent.
Article 3 Environmental quality standards
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 for bodies of surface water. Member States shall apply the EQS for bodies of surface water in accordance with the requirements laid down in Part B of Annex I. 2. Member States may opt to apply EQS for sediment and/or biota instead of those laid down in Part A of Annex I in certain categories of surface water. Member States that apply this option shall: (a) apply, for mercury and its compounds, an EQS of 20 μg/kg, and/or for hexachlorobenzene, an EQS of 10 μg/kg, and/or for hexachlorobutadiene, an EQS of 55 μg/kg, these EQS being for prey tissue (wet weight), choosing the most appropriate indicator from among fish, molluscs, crustaceans and other biota; (b) establish and apply EQS other than those mentioned in point (a) for sediment and/or biota for specified substances. These EQS shall offer at least the same level of protection as the EQS for water set out in Part A of Annex I; (c) determine, for the substances mentioned in points (a) and (b), the frequency of monitoring in biota and/or sediment. However, monitoring shall take place at least once every year, unless technical knowledge and expert judgment justify another interval; and (d) notify the Commission and other Member States, through the Committee referred to in Article 21 of Directive 2000/60/EC, of the substances for which EQS have been established in accordance with point (b), the reasons and basis for using this approach, the alternative EQS established, including the data and the methodology by which alternative EQS were derived, the categories of surface water to which they would apply, and the frequency of monitoring planned, together with the justification for that frequency. The Commission shall include a summary of notifications pursuant to point (d) above and to note 9 to Part A of Annex I in the reports published in accordance with Article 18 of Directive 2000/60/EC. 3. 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 substances numbers 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28 and 30, on the basis of monitoring of water status carried out in accordance with Article 8 of Directive 2000/60/EC. They shall take measures aimed at ensuring, subject to Article 4 of Directive 2000/60/EC, that such concentrations do not significantly increase in sediment and/or relevant biota. Member States shall determine the frequency of monitoring in sediment and/or biota so as to provide sufficient data for a reliable long-term trend analysis. As a guideline, monitoring should take place every three years, unless technical knowledge and expert judgment justify another interval. 4. 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 251 of the Treaty in line with the timetable provided for in Article 16(4) of Directive 2000/60/EC. 5. Point 3 of Part B of Annex I to this Directive may be amended in accordance with the regulatory procedure with scrutiny referred to in Article 9(3) of this Directive.
Amendment rationale: 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)
Revised version (Article 3 Environmental quality standards):
1. Without prejudice to paragraph 1a, Member States shall apply the EQS laid down in Part A of Annex I for bodies of surface water, and shall apply those EQS in accordance with the requirements laid down in Part B of Annex I. 1a. Without prejudice to the obligations arising under this Directive in the version in force on 13 January 2009 and in particular the achievement of good surface water chemical status in relation to the substances and the EQS listed therein, Member States shall implement the EQS laid down in Part A of Annex I as regards: (i) the substances numbered 2, 5, 15, 20, 22, 23, 28 in Part A of Annex I, for which revised EQS are set, with effect from 22 December 2015, with the aim of achieving good surface water chemical status in relation to those substances by 22 December 2021 by means of programmes of measures included in the 2015 river basin management plans produced in accordance with Article 13(7) of Directive 2000/60/EC; and (ii) the newly identified substances numbered 34 to 45 in Part A of Annex I, with effect from 22 December 2018, with the aim of achieving good surface water chemical status in relation to those substances by 22 December 2027 and preventing deterioration in the chemical status of surface water bodies in relation to those substances. For this purpose, Member States shall, by 22 December 2018, establish and submit to the Commission a supplementary monitoring programme and a preliminary programme of measures covering those substances. A final programme of measures in accordance with Article 11 of Directive 2000/60/EC shall be established by 22 December 2021 and shall be implemented and made fully operational as soon as possible after that date and not later than 22 December 2024. Article 4(4) to (9) of Directive 2000/60/EC shall apply mutatis mutandis to the substances listed in points (i) and (ii) of the first subparagraph. 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 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. 3. Member States may opt, in relation to one or more categories of surface water, to apply an EQS for a matrix other than that specified in paragraph 2, or, where relevant, for a biota taxon other than those specified in Part A of Annex I. Member States that make use of the option referred to in the first subparagraph shall apply the relevant EQS laid down in Part A of Annex I or, if none is included for the matrix or biota taxon, establish an EQS that offers at least the same level of protection as the EQS laid down in Part A of Annex I. Member States may use the option referred to in the first subparagraph only where the method of analysis used for the chosen matrix or biota taxon fulfils the minimum performance criteria laid down in Article 4 of Directive 2009/90/EC. Where those criteria are not met for any matrix, Member States shall ensure that monitoring is carried out using best available techniques not entailing excessive costs and that the method of analysis performs at least as well as that available for the matrix specified in paragraph 2 of this Article for the relevant substance. 3a. Where a potential risk to, or via, the aquatic environment from acute exposure has been identified as a result of measured or estimated environmental concentrations or emissions and where a biota or sediment EQS is being applied, Member States shall ensure that monitoring in surface water is also carried out and shall apply the MAC-EQS laid down in Part A of Annex I to this Directive where such EQS have been established. 3b. Where, pursuant to Article 5 of Directive 2009/90/EC, the calculated mean value of a measurement, when carried out using the best available technique not entailing excessive costs, is referred to as ‘less than limit of quantification’, and the limit of quantification of that technique is above the EQS, the result for the substance being measured shall not be considered for the purposes of assessing the overall chemical status of that water body. 4. For 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 the following information 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 minimum performance criteria laid down in Article 4 of Directive 2009/90/EC; (b) for the substances for which the option in paragraph 3 of this Article is used: (i) the reasons and basis for using that option; (ii) where relevant, the alternative EQS established, evidence that those EQS would offer at least the same level of protection as the EQS laid down in Part A of Annex I, including the data and methodology used to derive the EQS, and the categories of surface water to which they would apply; (iii) for comparison with the information referred to in point (a) of this paragraph, the limits of quantification of the methods of analysis for the matrices specified in Part A of Annex I to this Directive, including information on the performance of those methods in relation to the minimum performance criteria laid down in Article 4 of Directive 2009/90/EC; (b) for the substances for which the option in paragraph 3 of this Article is used: (i) the reasons and basis for using that option; (ii) where relevant, the alternative EQS established, evidence that those EQS would offer at least the same level of protection as the EQS laid down in Part A of Annex I, including the data and methodology used to derive the EQS, and the categories of surface water to which they would apply; (iii) for comparison with the information referred to in point (a) of this paragraph, the limits of quantification of the methods of analysis for the matrices specified in Part A of Annex I to this Directive, including information on the performance of those methods in relation to the minimum performance criteria laid down in Article 4 of Directive 2009/90/EC; (c) justification for the frequency of monitoring applied in accordance with paragraph 4, if monitoring intervals are longer than one year. 5a. Member States shall take the necessary measures to ensure that the updated river basin management plans, produced in accordance with Article 13(7) of Directive 2000/60/EC, containing the results and impact of the measures taken to prevent chemical pollution of surface water, and the interim report describing progress in the implementation of the planned programme of measures in accordance with Article 15(3) of Directive 2000/60/EC, are provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information ( 21 ). 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 listed in Part A of Annex I, on the basis of the monitoring of surface water status carried out in accordance with Article 8 of Directive 2000/60/EC. Member States 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. 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. 7. The Commission shall examine technical and scientific progress, including the conclusions of risk assessments as referred to in points (a) and (b) of Article 16(2) of Directive 2000/60/EC and information from the registration of substances made publicly available in accordance with 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 TFEU in line with the timetable provided for in Article 16(4) of Directive 2000/60/EC. 8. The Commission shall be empowered to adopt delegated acts in accordance with Article 10, where necessary in order to adapt point 3 of Part B of Annex I to this Directive to scientific or technical developments. 8a. In order to facilitate the implementation of this Article, technical guidelines on monitoring strategies and analytical methods for substances, including sampling and monitoring of biota, shall be developed, to the extent possible, by 22 December 2014, as part of the existing implementation process of Directive 2000/60/EC. In particular, the guidelines shall cover: (a) the monitoring of substances in biota as provided for in paragraphs 2 and 3 of this Article; (b) in the case of newly identified substances (numbered 34 to 45 in Part A of Annex I) and substances for which stricter EQS are established (numbered 2, 5, 15, 20, 22, 23 and 28 in Part A of Annex I), analytical methods compliant with the minimum performance criteria laid down in Article 4 of Directive 2009/90/EC. 8b. In the case of substances for which technical guidelines have not been adopted by 22 December 2014, the deadline of 22 December 2015 referred to in point (i) of paragraph (1a) shall be extended to 22 December 2018, and the deadline of 22 December 2021 referred to in that point shall be extended to 22 December 2027.
Article 4 Mixing zones
1. Member States may designate mixing zones adjacent to points of discharge. Concentrations of one or more substances listed in Part A of Annex I may exceed the relevant EQS within such mixing zones if they do not affect the compliance of the rest of the body of surface water with those standards. 2. Member States that designate mixing zones shall include in river basin management plans produced in accordance with Article 13 of Directive 2000/60/EC a description of: (a) the approaches and methodologies applied to define such zones; and (b) measures taken with a view to reducing the extent of the mixing zones in the future, such as those pursuant to Article 11(3)(k) of Directive 2000/60/EC or by reviewing permits referred to in Directive 2008/1/EC or prior regulations referred to in Article 11(3)(g) of Directive 2000/60/EC. 3. Member States that designate mixing zones shall ensure that the extent of any such zone is: (a) restricted to the proximity of the point of discharge; (b) proportionate, having regard to the concentrations of pollutants at the point of discharge and to the conditions on emissions of pollutants contained in the prior regulations, such as authorisations and/or permits, referred to in Article 11(3)(g) of Directive 2000/60/EC and any other relevant Community law, in accordance with the application of best available techniques and Article 10 of Directive 2000/60/EC, in particular after those prior regulations are reviewed. 4. Technical guidelines for the identification of mixing zones shall be adopted in accordance with the regulatory procedure referred to in Article 9(2) of this Directive.
Amendment rationale: 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)
Revised version (Article 4 Mixing zones):
1. Member States may designate mixing zones adjacent to points of discharge. Concentrations of one or more substances listed in Part A of Annex I may exceed the relevant EQS within such mixing zones if they do not affect the compliance of the rest of the body of surface water with those standards. 2. Member States that designate mixing zones shall include in river basin management plans produced in accordance with Article 13 of Directive 2000/60/EC a description of: (a) the approaches and methodologies applied to define such zones; and (b) measures taken with a view to reducing the extent of the mixing zones in the future, such as those pursuant to Article 11(3)(k) of Directive 2000/60/EC or by reviewing permits referred to in Directive 2008/1/EC or prior regulations referred to in Article 11(3)(g) of Directive 2000/60/EC. 3. Member States that designate mixing zones shall ensure that the extent of any such zone is: (a) restricted to the proximity of the point of discharge; (b) proportionate, having regard to the concentrations of pollutants at the point of discharge and to the conditions on emissions of pollutants contained in the prior regulations, such as authorisations and/or permits, referred to in Article 11(3)(g) of Directive 2000/60/EC and any other relevant Community law, in accordance with the application of best available techniques and Article 10 of Directive 2000/60/EC, in particular after those prior regulations are reviewed.
Article 5 Inventory of emissions, discharges and losses
1. On the basis of the information collected in accordance with Articles 5 and 8 of Directive 2000/60/EC, under Regulation (EC) No 166/2006 and other available data, Member States shall establish an inventory, including maps, if available, of emissions, discharges and losses of all priority substances and pollutants listed in Part A of Annex I to this Directive for each river basin district or part of a river basin district lying within their territory including their concentrations in sediment and biota, as appropriate. 2. The reference period for the estimation of pollutant values to be entered in the inventories referred to in paragraph 1 shall be one year between 2008 and 2010. However, for priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the years 2008, 2009 and 2010. 3. Member States shall communicate the inventories established pursuant to paragraph 1 of this Article, including the respective reference periods, to the Commission in accordance with the reporting requirements under Article 15(1) of Directive 2000/60/EC. 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. The reference period for the establishment of values in the updated inventories shall be the year before that analysis is to be completed. For priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the three years before the completion of that analysis. Member States shall publish the updated inventories in their updated river basin management plans as laid down in Article 13(7) of Directive 2000/60/EC. 5. The Commission shall, by 2018, verify that emissions, discharges and losses as reflected in the inventory are making progress towards compliance with the reduction or cessation objectives laid down in Article 4(1)(a)(iv) of Directive 2000/60/EC, subject to Article 4(4) and (5) of that Directive. 6. Technical guidelines for the establishment of inventories shall be adopted in accordance with the regulatory procedure referred to in Article 9(2) of this Directive.
Amendment rationale: 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)
Revised version (Article 5 Inventory of emissions, discharges and losses):
1. On the basis of the information collected in accordance with Articles 5 and 8 of Directive 2000/60/EC, under Regulation (EC) No 166/2006 and other available data, Member States shall establish an inventory, including maps, if available, of emissions, discharges and losses of all priority substances and pollutants listed in Part A of Annex I to this Directive for each river basin district or part of a river basin district lying within their territory including their concentrations in sediment and biota, as appropriate. 2. The reference period for the estimation of pollutant values to be entered in the inventories referred to in paragraph 1 shall be one year between 2008 and 2010. However, for priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the years 2008, 2009 and 2010. 3. Member States shall communicate the inventories established pursuant to paragraph 1 of this Article, including the respective reference periods, to the Commission in accordance with the reporting requirements under Article 15(1) of Directive 2000/60/EC. 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. The reference period for the establishment of values in the updated inventories shall be the year before that analysis is to be completed. For priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the three years before the completion of that analysis. Member States shall publish the updated inventories in their updated river basin management plans as laid down in Article 13(7) of Directive 2000/60/EC. 5. The Commission shall, by 2018, verify that emissions, discharges and losses as reflected in the inventory are making progress towards compliance with the reduction or cessation objectives laid down in Article 4(1)(a)(iv) of Directive 2000/60/EC, subject to Article 4(4) and (5) of that Directive.
Article 6 Transboundary pollution
1. A Member State shall not be in breach of its obligations under this Directive as a result of the exceedance of an EQS if it can demonstrate that: (a) the exceedance was due to a source of pollution outside its national jurisdiction; (b) it was unable as a result of such transboundary pollution to take effective measures to comply with the relevant EQS; and (c) it had applied the coordination mechanisms set out in Article 3 of Directive 2000/60/EC and, as appropriate, taken advantage of the provisions of Article 4(4), (5) and (6) of that Directive for those water bodies affected by transboundary pollution. 2. Member States shall use the mechanism laid down in Article 12 of Directive 2000/60/EC to provide the Commission with necessary information in the circumstances set out in paragraph 1 of this Article and with a summary of the measures taken in relation to transboundary pollution in the relevant river basin management plan in accordance with the reporting requirements under Article 15(1) of Directive 2000/60/EC.
Article 7 Reporting and review
1. On the basis of reports from Member States, including reports in accordance with Article 12 of Directive 2000/60/EC and in particular those on transboundary pollution, the Commission shall review the need to amend existing acts and the need for additional specific Community-wide measures, such as emission controls. 2. The Commission shall report to the European Parliament and to the Council in the context of the report prepared in accordance with Article 18(1) of Directive 2000/60/EC, on: (a) the conclusions of the review referred to in paragraph 1 of this Article; (b) measures taken to reduce the extent of mixing zones designated in accordance with Article 4(1) of this Directive; (c) the outcome of the verification referred to in Article 5(5) of this Directive; (d) the situation regarding pollution originating outside the territory of the Community. The Commission shall, if appropriate, accompany the report with relevant proposals.
Article 8 Review of Annex X to Directive 2000/60/EC
Within the framework of the review of Annex X to Directive 2000/60/EC, as provided for in Article 16(4) of that Directive, the Commission shall consider inter alia the substances set out in Annex III to this Directive for possible identification as priority substances or priority hazardous substances. The Commission shall report the outcome of its review to the European Parliament and to the Council by 13 January 2011. 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.
Amendment rationale: 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)
Revised version (Article 8 Review of Annex X to Directive 2000/60/EC):
The Commission shall report to the European Parliament and to the Council on 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, where appropriate, with legislative proposals to amend Annex X including, 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.
Article 9 Committee procedure
1. The Commission shall be assisted by the Committee referred to in Article 21(1) of Directive 2000/60/EC. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Amendment rationale: 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)
Revised version (Article 9 Committee procedure):
1. The Commission shall be assisted by the Committee established under Article 21(1) of Directive 2000/60/EC. That Committee is a committee within the meaning of 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 ( 27 ). 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 the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 11 Amendment of Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC
1. Annex II to Directives 82/176/EEC, 83/513/EEC, 84/156/EEC and 84/491/EEC respectively shall be deleted. 2. Headings B in Sections I to XI of Annex II to Directive 86/280/EEC shall be deleted.
Article 12 Repeal of Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC
1. Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC shall be repealed with effect from 22 December 2012. 2. Before 22 December 2012, Member States may carry out monitoring and reporting in accordance with Articles 5, 8 and 15 of Directive 2000/60/EC instead of carrying them out in accordance with the Directives referred to in paragraph 1 of this Article.
Article 13 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 13 July 2010. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 14 Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
Article 15 Addressees
This Directive is addressed to the Member States.