European Parliament legislative resolution of 22 May 2007 on the proposal for a directive of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directive 2000/60/EC (COM(2006)0397 – C6-0243/2006 – 2006/0129(COD))
(Codecision procedure: first reading)
The European Parliament
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0397),
– having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0243/2006),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on Agriculture and Rural Development and the Committee on Fisheries (A6-0125/2007),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
Position of the European Parliament adopted at first reading on 22 May 2007 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directive 2000/60/EC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,
Having regard to the proposal from the Commission
Having regard to the opinion of the European Economic and Social Committee(1)
Having regard to the opinion of the Committee of the Regions(2)
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3)
(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 losses of habitats and biodiversity, as well as threats 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)In accordance with Article 174 of the Treaty, Community policy on the environment is based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source, and that the polluter should pay.
(3)Properly conducted small-scale organic farming is necessary in order to guarantee good water quality.
) Decision No
1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environmental Action Programme(4)
sets out that environment and health and quality of life are key environmental priorities of the 6th EAP, highlighting in particular in Article
7(2)(e) the need to establish more specific legislation in the field of water policy.
(5)Member States should implement the necessary measures in accordance with Article 16(1) and (8) of 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(5)with the aim of progressively reducing pollution from priority substances and ceasing or phasing out emissions, discharges and losses of priority hazardous substances.
) Directive 2000/60/EC
lays down a strategy against pollution of water and Article 16 of that Directive
requires further specific measures for pollution control and environmental quality standards (EQS).
) There have been numerous
Community acts adopted
since 2000 which constitute pollution control measures in accordance with Article 16 of Directive 2000/60/EC for individual priority substances. Moreover, many environmental protection measures fall under the scope of other existing Community legislation. Therefore, in the short term,
priority should be given to implementation and revision of existing instruments rather than establishing new controls which may duplicate existing ones. However, following the transmission of the river basin management plans produced by the Member States pursuant to Article 13 of Directive 2000/60/EC, including the programme of measures established pursuant to Article 11 of that Directive, the Commission should assess whether the implementation and revision of existing instruments fully achieved the objectives of Directive 2000/60/EC, or whether specific action is required pursuant to that Directive. If compliance with EQS can be achieved only by means of restrictions on use or the banning of individual substances, such measures should be implemented by means of existing or new Community legal acts, in particular in the context of 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(6)
(8)Directive 2000/60/EC includes in Article 11(4) and Part B of Annex VI on the programme of measures a non-exhaustive list of supplementary measures which Member States may choose to adopt as part of the programme of measures, inter alia legislative instruments, administrative instruments and negotiated agreements for the protection of the environment.
) As regards emission controls of priority substances from point and diffuse sources as referred to in Article 16(6) and (8) of Directive 2000/60/EC
include, where necessary, in addition to the implementation of other existing Community legislation, appropriate control measures, pursuant to Article 10 of Directive 2000/60/EC,
in the programme of measures to be developed for each river basin in accordance with Article 11 of that Directive, where appropriate applying Article 10 of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(7)
. With a view to maintaining uniform competitive conditions in the internal market, all decisions to lay down control measures for point sources of priority substances should be based on the concept of the best available techniques laid down in Article 2 (11) of Directive 96/61/EC.
(10)Where an issue which has an impact on the management of water cannot be resolved by a Member State itself, that Member State may report it to the Commission in accordance with Article 12 of Directive 2000/60/EC. A Member State should also be able to report such an issue where Community measures seem to be more cost-effective or appropriate. In such a case, the Commission should launch an information exchange with all Member States and if Community action does appear to be the better option, the Commission should publish a report and propose measures.
(11)As the majority of other relevant Community acts have not yet been fully adopted and implemented, it is currently difficult to determine whether the implementation of those policies will enable the objectives of Directive 2000/60/EC to be achieved, or whether further Community action will still be needed. Consequently, it would be appropriate to carry out a formal evaluation of the consistency and effectiveness of all Community legislative acts contributing directly or indirectly to achieving good water quality.
) Decision No
2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC(8)
sets out the first list of 33 substances or groups of substances that have been prioritised for action at Community level. Among those priority substances, certain substances have been identified as priority hazardous substances which are subject to phase-out or cessation of emissions, discharges and losses. For substances occurring naturally or through natural processes, such as cadmium, mercury and poly-aromatic hydrocarbons, however, complete phase-out of emissions, discharges and losses from all potential sources is impossible.
Some substances were under review and should be classified. Further substances should be added to the list of priority substances to achieve the objectives of Directive 2000/60/EC.
(13)The Commission should continue to review the list of priority substances at least every four years, prioritising substances for action on the basis of risk to or via the aquatic environment, in accordance with the timetable required by Article 16(4) of Directive 2000/60/EC, and come forward with proposals as appropriate.
) From the point of view of Community interest and for a more effective regulation of the surface water protection, it is appropriate that EQS are set up for pollutants classified as priority substances at
Community level and to leave it
to the Member States to lay down rules
for remaining pollutants at
national level subject to the application of relevant Community rules. Nonetheless, eight pollutants which fall under the scope of Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC(9)
and form part of the group of substances for which good chemical status should be achieved by 2015 were not included in the list of priority substances. However, the common standards established for those pollutants proved to be useful and it is appropriate to maintain the regulation of their standards at
(15)Certain substances are very harmful to fish if present in surface waters but do not figure on the lists of EQS for water policy. The Commission should if necessary submit proposals for adopting EQS in the field of water policy for these substances too.
) Consequently, the provisions concerning current environmental quality objectives, laid down in Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry(10)
, Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges(11)
, Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry(12)
, Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane(13)
and Directive 86/280/EEC, will become superfluous and should be deleted.
) The aquatic environment can suffer from chemical pollution both in the short term and in the long term, and therefore both acute and chronic effects data should be used as the basis for establishing the EQS. In order to ensure that the aquatic environment and human health are adequately protected, annual average quality standards should be established at a level providing protection against long-term exposure, and maximum allowable concentrations should be established to protect against short term exposure. The application of maximum allowable concentrations, in accordance with the combined approach laid down in Article 10 of Directive 2000/60/EC, the treatment of outliers in particular, and the determination of emission controls should be harmonised.
) In the absence of extensive and reliable information on concentrations of priority substances in biota and sediments at Community
level and in view of the fact that information on surface water seems to provide a sufficient basis to ensure comprehensive protection and effective pollution control, establishment of EQS values should, at this stage, be
limited to surface water only. However, as regards hexachlorobenzene, hexachlorobutadiene
and mercury, it is not possible to ensure protection against indirect effects and secondary poisoning by mere EQS for surface water at
Community level. Therefore in those cases, EQS for biota should be set up. In order to allow Member States flexibility depending on their monitoring strategy they should be able either to monitor those EQS and check compliance with them in biota, or convert them into EQS for surface water. Furthermore, it is for Member States to set up EQS for sediment or biota where it is necessary and appropriate to complement the EQS set up at
Community level. Moreover, sediment
and biota remain important matrices for the
monitoring of substances with significant accumulation potential and against whose indirect effect EQS for surface water currently offer no protection. Such monitoring should be carried out in order to advance the future technical and scientific work on EQS in sediment and biota for the monitored substances, where this is proven necessary.
) In the case of lead, nickel and their compounds, the discussions on the risk assessments have not yet been concluded within the European Chemicals Bureau / Joint Research Centre, and thus, it is not possible to set up definitive quality standards for those elements. It is therefore appropriate to indicate clearly their provisional character.
(20)Lead, used in fishing equipment for both recreational and professional fisheries, is a source of water pollution. In order to reduce the level of lead in fishing waters, Member States should encourage the fishing sector to replace lead by less hazardous alternatives.
(21)Dioxins and polychlorinated biphenyls (PCBs) are two groups of toxic substances that are persistent and bioaccumulative. Both groups of substances entail a considerable risk to human health and the environment, and have a highly negative impact on aquatic species and, therefore, on the viability of the fisheries sector. The Commission has, in addition, on various occasions stressed the need to include these substances in the list of priority substances. This Directive should therefore provide for their future inclusion in this list.
) Member States have to comply with Council Directive 98/83/EC of 3 November 1998 on water intended for human consumption(14)
and manage the surface water bodies used for abstraction of drinking water in accordance with Article 7 of Directive 2000/60/EC. This Directive should therefore be implemented without prejudice to those requirements which may require more stringent standards.
) It is possible that EQS cannot be met in the vicinity of discharges from point sources because the concentrations of pollutants in discharges are usually higher than the ambient concentrations in water. Therefore, Member States should be enabled to take this fact into account when checking compliance with the EQS by identifying a transitional area of exceedance for each relevant discharge. In order to ensure that those areas are limited, Article 10 of Directive 2000/60/EC and other relevant provisions of Community law should apply to their identification. As developments in treatment techniques and technological innovation, such as best available techniques, may enable the
concentration of pollutants in the proximity of points of discharge to be diminished
in the future, Member States should ensure that the transitional areas of exceedance are reduced accordingly.
(24)This Directive allows Member States to make use of mixing zones (referred to in Article 4 of this Directive as "Transitional Areas of Exceedance") as long as they do not affect the compliance of the rest of the body of surface water with the relevant EQS. In designating mixing zones Member States must take a proportionate approach having regard to flow, concentration and volume of consented discharges and the capacity of the receiving body of water to absorb such discharges. Member States will decrease the extent of mixing zones as they fulfil their obligation to progressively reduce pollution from priority substances.
) It is necessary to check the compliance with the objectives for cessation or phase-out, and reduction, as specified in Article 4(1)(a)(iv) of Directive 2000/60/EC, and to make the assessment of compliance with these obligations transparent, in particular as regards the consideration of significant and non-significant emissions, discharges and losses from human activities. Further, a timetable for cessation or phase-out, and reduction, can only be related to an inventory. It should also be
possible to assess the application of Article 4(4) to (7) of Directive 2000/60/EC. An appropriate tool is equally needed for quantification of losses of substances occurring naturally, or produced through natural processes, in which case complete cessation or phase-out
from all potential sources is impossible. In order to meet those needs, each Member State should establish an inventory of emission, discharges and losses for each river basin in its territory.
) In order to avoid duplication of work by establishing those inventories and to ensure the coherence of those inventories with other existing tools in the area of surface water protection, Member States should use information collected under Directive 2000/60/EC and under Regulation (EC) No 166/2006 of the European Parliament and of the
Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC(15)
) In order to better reflect their needs, Member States should be able to choose an appropriate one
-year reference period for measuring the basic entries of the inventory. However, account should be taken of the fact that the losses from the application of pesticides may vary considerably from one year to another because of different application rates, for example because of different climatic conditions. Therefore, in the
case of certain substances covered by Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(16)
, Member States should be able
to opt for a three
-year reference period for those substances.
) In order to optimize the use of the inventory, it is appropriate to set up a deadline for the Commission to verify whether all measures were taken by the Member States to achieve the objectives set out in Article 4(1)(a)(iv) of Directive 2000/60/EC.
) Criteria for identification of substances that are persistent, bioaccumulative and toxic, as well as substances of other equivalent concern, notably very persistent and very bioaccumulative, as referred to in Directive 2000/60/EC, are established in the Technical Guidance Document for Risk Assessment in support of Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC(17)
, Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93(18)
, and 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(19)
. To ensure consistency between different Community legislation, only these criteria should be applied to the substances under review according to Decision No 2455/2001/EC
, and Annex
Directive 2000/60/EC should be amended and replaced accordingly.
(30)Regulation (EC) No 1907/2006 provides for a review to assess the adequacy of the criteria for identifying substances which are persistent, bioaccumulative and toxic. The Commission should amend Annex X to Directive 2000/60/EC accordingly as soon as the criteria in Regulation (EC) No 1907/2006 have been modified.
) The obligations laid down in the Directives listed in Annex IX to Directive 2000/60/EC are already incorporated in Directive 96/61/EC and
in Articles 8, 10, Article 11(3)(g) and (h) and other provisions of Directive 2000/60/EC and, at least, the same level of protection is guaranteed if the EQS
are maintained or reviewed. In order to ensure a consistent approach to chemical pollution of surface waters and to simplify and clarify the existing Community legislation in that area, it is appropriate to repeal, pursuant to Article 16(10) of Directive 2000/60/EC, with effect from 2012, Directive 82/176/EEC, Directive 83/513/EEC, Directive 84/156/EEC, Directive 84/491/EEC and Directive 86/280/EEC.
) The recommendations referred to in Article 16(5) of Directive 2000/60/EC, in particular those of the Scientific Committee on Toxicity, Ecotoxicity and the Environment, were taken into account.
) Since the objective
of this Directive, namely the adoption of EQS
for water, 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 Community, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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
) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999
/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on
(35)Pursuant to Article 174 of the Treaty, and as reiterated in Directive 2000/60/EC, the Community must, in preparing its policy on the environment, take account of the available scientific and technical data, environmental conditions in the various regions of the Community, the economic and social development of the Community as a whole and the balanced development of its regions, as well as the potential benefits and costs of action or lack of action,
HAVE ADOPTED THIS DIRECTIVE:
This Directive lays down measures to limit water pollution, as well as
environmental quality standards for priority substances in order to:
reduce discharges, emission and losses of priority substances by 2015; and
cease discharges, emission and losses of priority hazardous substances, in accordance with Articles 1, 4 and 16 of Directive 2000/60/EC, to achieve a good chemical status for all surface waters. The aim is also to prevent any further deterioration and by 2020 to achieve concentrations close to the natural background levels for all naturally occurring substances and concentrations close to zero for all anthropogenic synthetic substances in accordance with international agreements on the protection of the sea.
Objectives set out in this Directive are to be treated as objectives under Article 4 of Directive 2000/60/EC.
The Commission shall, in accordance with the regulatory procedure referred to in Article 21(2) of Directive 2000/60/EC, present to the European Parliament and the Council, by 2020, a report on the success of implementation of this Directive.
Environmental quality standards
1. In order to achieve a good chemical status for bodies of surface water pursuant to Article 4(1)(a) of Directive 2000/60/EC,
Member States shall ensure that the composition of those bodies of
surface water, sediment and biota
complies with environmental quality standards for priority substances as
laid down in Part A of Annex I.
Member States shall at all times take the measures required to ensure that plants which discharge into bodies of water waste water containing priority substances employ the best available production and waste water treatment techniques. These measures shall be based on the results of the exchange of information provided for in Article 16(2) of Directive 96/61/EC.
Member States shall ensure compliance with the environmental quality standards in accordance with the requirements laid down in Part B
of Annex I.
Member States must improve the knowledge and data available on sources of priority substances and ways in which pollution occurs in order to identify targeted and effective control options.
2.Where a watercourse passes through more than one Member State, coordination of the monitoring programmes and of the national inventories compiled shall take place in order to avoid penalising Member States located downstream.
. Member States shall, in
accordance with Article 8 of Directive 2000/60/EC, monitor
concentrations of substances listed in Part A ofAnnex I in water,
sediment and biota.
. Member States shall ensure that the following concentrations of hexachlorobenzene, hexachlorobutadiene and mercury are not exceeded in prey tissue (wet weight) of fish, molluscs, crustaceans and other biota:
10 µg/kg for hexachlorobenzene,
55 µg/kg for hexachlorobutadiene,
20 µg/kg for methyl-mercury.
For the purposes of monitoring of the compliance with the environmental quality standards of substances listed in the first subparagraph, the Member States shall either introduce a more stringent standard for water replacing the one listed in Part A of Annex I, or set up an additional standard for biota.
Monitoring of other substances in Annex I may also be performed in sediment or biota instead of in water if Member States consider this to be more adequate and cost-effective. If significant concentrations of substances are detected and Member States consider that there is a risk that the environmental quality standards for water will not be met, monitoring in water shall be performed to ensure compliance with the environmental quality standards for water.
5.The Commission shall, no later than 12 months after the submission of the inventories by the Member States, make a proposal concerning quality standards applicable to the concentrations of the priority substances in sediment and biota.
6.Member States shall comply with Directive 98/83/EC and shall manage the surface water bodies used for the abstraction of drinking water in accordance with Article 7 of Directive 2000/60/EC. This Directive shall therefore be implemented without prejudice to provisions which may require more stringent standards.
7.Cases in which compliance with environmental quality standards is not technically feasible, or would lead to disproportionate social or economic costs, shall be dealt with under Article 4(4), (5) and (6) of Directive 2000/60/EC, in order to determine the most cost-effective and environmentally acceptable approach to complying with the objective as set out in Article 4(1)(a) of Directive 2000/60/EC.
. The Commission shall, systematically using the database established under Regulation (EC) No 1907/2006 to screen for substances that are harmful to water organisms, accumulate or are persistent,
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 propose at least every four years
the revision of the environmental quality standards laid down in Part A of
Annex I to this Directive.
The Commission shall examine the most recent scientific information and technical progress regarding substances accumulating in sediment and biota and shall prepare environmental quality standards concerning them.
. In order to achieve a cohesive and harmonised calculation method,
the Commission shall,
in accordance with the regulatory
procedure referred to in Article 21(2) of Directive 2000/60/EC, not later than ...(21),
set up compulsory methodologies at least for the matters
referred to in the second paragraph of point 3 of Part B
of Annex I to this Directive.
10.If bans on substances are needed in order to secure compliance with environmental quality standards, the Commission shall submit suitable proposals to amend existing legal acts or establish new legal acts at Community level.
11.If, with a view to enforcing the polluter-pays principle and the precautionary principle and to securing uniform implementation in the Member States, emission limit values valid throughout the Community are needed for specific plants, substances or point sources, or if such emission limit values can be effective in securing compliance with environmental quality standards, the Commission shall put forward proposals in accordance with Article 18 of Directive 96/61/EC.
To achieve the objective set out in Article 2, Member States may impose more stringent restrictions on the use or discharge of substances than those set out in Directive 91/414/EEC and in Regulation (EC) No .../... of the European Parliament and of the Council concerning the placing of plant protection products on the market(22) which replaces it, or in other Community legislation.
Transitional area of exceedance
1. If there is no technically feasible means of adequately purifying waste water from one or more point sources,
Member States shall designate transitional areas of exceedance, where the concentrations of one or more pollutants at low flow conditions
exceed the relevant environmental quality standards in so far
as they do not affect the compliance of the rest of the surface water body with those standards.
Member States shall include an action plan to reduce the extent and duration of each transitional area of exceedance within the river basin management plans referred to in Article 13 of Directive 2000/60/EC in order to comply with the relevant environmental quality standards by 2018 at the latest.
2. Member States shall delimit in each case the extent of the parts of the surface water bodies adjacent to the points of discharge to be classed as transitional areas of exceedance, taking into account the relevant provisions of Community law.
Member States shall include a description of each delimitation in their river basin management plans referred to in Article 13 of Directive 2000/60/EC.
3.In the case of cross-border watercourses the consent of the other affected Member States shall be required for determining the transitional area of exceedance.
. Member States shall carry out the review of the permits referred to in Directive 96/61/EC or of the prior regulations referred to in Article 11(3)(g) of Directive 2000/60/EC with a
view to progressively reducing the extent of each transitional area of exceedance, as referred to in paragraph 1, identified in water bodies affected by discharges of priority substances.
. The Commission shall
, in accordance with the regulatory
procedure referred to in Article 21(2) of Directive 2000/60/EC, set up the method to be used by the Member States for the identification of the transitional area of exceedance.
Emission control methods to be used by Member States
1.To achieve the objectives of Article 1, Member States shall establish integrated plans for emission control and phase-out measures for priority substances and priority hazardous substances in the framework of the programme of measures provided for in Article 11 of Directive 2000/60/EC. The plans shall contain at least:
the results of the investigations according to Article 6 of this Directive;
objectives for substances including for volumes and mass balances;
sectoral strategies concerning the main pollution sources (particularly for industry, agriculture, forestry, households, health systems, transport);
measures for reduction of diffuse pollution due to losses of substances of products;
measures for substitution of priority hazardous substances;
instruments, including economic measures, in accordance with Article 9 of Directive 2000/60/EC;
emission standards additional to existing Community legislation;
measures for information, advice and training.
2.The plans should be drafted according to transparent criteria and revised in the framework of the revision of the programmes of measures. Member States shall report to the Commission and the public every three years on the progress of the implementation and on how the measures have contributed to achieving the objectives of this Directive.
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 or other available data,
and under Regulation (EC) No
166/2006, Member States shall establish an inventory, including maps where applicable,
of emissions, discharges and losses and of their sources of
priority substances (both point and diffuse sources of pollution)
and pollutants listed in Annex II or
in Part A
of Annex I for each river basin or its part within their territory, including their concentrations in sediment and biota
. Priority substances and pollutants released from sediments as the result of shipping, dredging or natural phenomena shall not be regarded as losses.
Member States shall include all emission control measures taken for priority substances listed in Part A of Annex I in the inventory.
2.Member States shall draw up specific monitoring programmes for sediments and biotas, identifying the species and tissues to be analysed and the form in which the results are to be expressed, in line with the organisms' seasonal variations.
. The reference period for the measurement of pollutant values to be entered in
the inventories referred to in paragraph 1 shall be one year between 2007 and 2009.
However, for priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the years 2007, 2008 and 2009.
In preparing their inventories, Member States may use information on emissions, discharges and losses that has been collected since the entry into force of Directive 2000/60/EC provided that such information meets the same quality requirements as apply to the information referred to in paragraph 1 of this Article.
. Member States shall communicate the inventories established pursuant to paragraph 1 of this Article, including the respective reference periods, to the Commission together with the river basin management plans reported in accordance with Article 15(1) of Directive 2000/60/EC.
. 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.
6.As emissions, discharges and losses of priority substances must be progressively reduced or cease, it is necessary that Member States accompany their inventory with a suitable timetable for achieving those objectives.
. The Commission shall verify by 2015
that emissions, discharges and losses as reflected in the inventory can be expected to
comply, by 2025, with the reduction and
cessation obligations laid down in Article 4(1)(a)(iv) of Directive 2000/60/EC. The Commission shall submit a report on this verification to the European Parliament and the Council. If the report shows that compliance is unlikely to be achieved, it shall propose the necessary Community measures pursuant to Article 251 of the Treaty by 2016
When carrying out this verification the Commission shall take into consideration:
technical feasibility and proportionality;
the application of best available techniques;
the existence of natural background concentrations.
. The Commission shall
, in accordance with the regulatory
procedure referred to in Article 21(2) of Directive 2000/60/EC, lay down the technical specifications for the analyses as well as
the method to be used by the Member
States for establishment of the inventories.
Measures to reduce pollution by priority substances
1.In order to achieve the objectives of reducing pollution by priority substances and priority hazardous substances established under Article 4(1)(a)(iv) of Directive 2000/60/EC, Member States shall ensure that the programme of measures established pursuant to Article 11 of that Directive includes prevention or control measures relating to point and diffuse sources of pollution, as well as the environmental quality standards laid down in that Directive.
2.On the basis of Articles 4 and 12 of Directive 2000/60/EC and in order to achieve the objectives set out therein, Member States shall determine whether there is a need to review the implementation of existing measures or to introduce new measures for the reduction and control of pollution by priority substances and priority hazardous substances. Where these measures are best taken at Community level, the Commission shall propose the appropriate measures at Community level.
3.In the course of preparing its report under Article 18(1) of Directive 2000/60/EC on the implementation of that Directive, the Commission shall carry out a formal assessment of the consistency and effectiveness of all Community legislative acts with a direct or indirect impact on good water quality. This assessment will enable Community measures to be proposed, adapted or implemented as necessary.
4.The Commission shall, according to Article 16(8) of Directive 2000/60/EC, propose emission control techniques based on the best available technologies and environmental practices, to be used by the Member States for all point sources.
Inclusion of dioxins and polychlorinated biphenyls (PCBs)
Pursuant to Article 16 of Directive 2000/60/EC and no later than 31 January 2008, the Commission shall submit a proposal for the revision of this Directive with a view to including dioxins and PCBs in the list of priority substances set out in Annex II and include corresponding environmental quality standards in Annex I.
Pollution originating from third countries
The Commission shall present to the European Parliament and the Council, by ...(23), a report on the situation regarding pollution originating from third countries. On the basis of that report, the European Parliament and the Council shall, if this is deemed necessary, ask the Commission to bring forward proposals.
Amendment of Directive 2000/60/EC
Annex X to Directive 2000/60/EC is replaced by the text set out in Annex II to this Directive.
Amendment of Directives 82/176/EEC, 83/513/EEC, 84/156/EEC and 84/491/EEC
Annex II to Directives 82/176/EEC, 83/513/EEC, 84/156/EEC and 84/491/EEC respectively is deleted.
Amendment of Directive 86/280/EEC
Headings B in Sections I to XI of Annex II
to Directive 86/280/EEC are deleted.
1. Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC are 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
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(24)
at the latest. They shall forthwith communicate to the Commission the text of those measures
a correlation table between those measures
and this Directive.
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.
Additional Community action
The Commission shall put in place clear and transparent procedures in order to establish a streamlined and targeted framework for the communication by the Member States of information on priority substances that supports the Community decision-making process and permits harmonised environmental quality standards for sediment and biota as well as additional emission controls to be laid down in future.
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at ,
For the European Parliament For the Council
The President The President
ENVIRONMENTAL QUALITY STANDARDS FOR PRIORITYSUBSTANCES
PART A: Environmental Quality Standards(EQS) insurface water
Compliance with Environmental Quality Standards (EQS)
1. Column 4 and 5: For any given surface water body, compliance with EQS-AA requires that for each representative monitoring point within the water body, the arithmetic mean of the concentrations measured at different times during the year is below the standard.
2. Column 6 and 7: For any given surface water body compliance with EQS-MAC means that the measured concentration at any representative monitoring point within the water body must not exceed the standard.
3. With the exception of cadmium, lead, mercury and nickel (hereinafter "metals") the EQS
set up in this Annex are expressed as total concentrations in the whole water sample. In the case of metals the EQS refers to the dissolved concentration, i.e. the dissolved phase of a water sample obtained by filtration through a 0.45 µm filter or any equivalent pre-treatment.
background concentrations for metals shall be added to
the EQS value. In addition
, if hardness, pH or other water quality parameters affect the bioavailability of metals, Member States may take this into account when assessing the monitoring results against the EQS. The natural background concentrations for metals in inland surface waters and coastal waters shall be determined taking account in particular of the soil and of natural washing-out in river basins. The Member States shall report in their river basin management plans on the natural background concentrations of metals and on how the background concentrations of metals have been taken into account in assessing results against the EQS.
AMENDMENT OF ANNEX X TO DIRECTIVE 2000/60/EC
Annex X to
Directive 2000/60/EC is replaced by the following:
TABLE 1: LIST OF PRIORITY SUBSTANCES IN THE FIELD OF WATER POLICY (*)
Name of priority substance
Identified as priority hazardous substance
Brominated diphenylether (**)
Cadmium and its compounds
Chloroalkanes, C10-13 (**)
Lead and its compounds
Mercury and its compounds
Nickel and its compounds
1 CAS: Chemical Abstract Services
2 EU-number: European Inventory of Existing Commercial Chemical Substances (EINECS) or European List of Notified Chemical Substances (ELNICS).
3 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).
(*) Where groups of substances have been selected, typical individual representatives are listed as indicative parameters (in brackets and without number).
(**) These groups of substances normally include a considerable number of individual compounds. At present, appropriate indicative parameters cannot be given.
(***) Only Pentabromobiphenylether (CAS-number 32534-81-9)
(****) Fluoranthene is on the list as an indicator of other, more dangerous Polyaromatic Hydrocarbons.
(*****) For this substance, previously known as "other pollutant", the classification as priority hazardous substance does not modify the specific obligations laid down in Directive 2000/60/EC, in particular in Annex V, point 1.3 thereof.
TABLE 2: LIST OF SUBSTANCES SUBJECT TO A REVIEW FOR IDENTIFICATION AS POSSIBLE "PRIORITY SUBSTANCES" OR AS POSSIBLE "PRIORITY HAZARDOUS SUBSTANCES
(*) This substance is subject to a review for identification as a possible "priority substance". The Commission will make a proposal to the Parliament and the Council for its final classification by ...(31), without prejudice to the timetable laid down in Article 16 of Directive 2000/60/EC for the Commission's proposals for controls.
(**) This priority substance is subject to a review for identification as a possible "priority hazardous substance". The Commission will make a proposal to the Parliament and the Council for its final classification by ...*, without prejudice to the timetable laid down in Article 16 of Directive 2000/60/EC for the Commission's proposals for controls.
This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (EQS-MAC). Where the MAC-EQS are marked as "not applicable", the AA-EQS values are also protective against short-term pollution peaks since they are significantly lower than the values derived on the basis of acute toxicity.
For Cadmium and its compounds (No. 6) the EQS values vary dependent upon 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).
5 For the group of priority substances of polyaromatic hydrocarbons (PAH) (No. 28), each individual EQS shall be complied with, i.e., the EQS for Benzo(a)pyrene and the EQS for the sum of Benzo(b)fluoranthene and Benzo(k)fluoranthene and the EQS for the sum of Benzo(g,h,i)perylene and Indeno(1,2,3-cd)pyrene must be met.
6 DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p
-chlorophenyl) ethane (CAS number 50-29-3); 1,1,1-trichloro-2 (o
-chlorophenyl) ethane (CAS number 789-02-6); 1,1-dichloro-2,2 bis (p
-chlorophenyl) ethylene (CAS number 72-55-9); and 1,1-dichloro-2,2 bis (p
-chlorophenyl) ethane (CAS number 72-54-8).