What changed between the adopted text of 12 Sept 2023 and the adopted text of 24 Apr 2024

Removed:P9_TA(2023)0302

Added:TEXTS ADOPTED

Added:P9_TA(2024)0358

Surface water and groundwater pollutants

Committee on the Environment, Public Health and Food Safety

PE740.884

Changed:Amendments adopted by the European Parliament onlegislative 12resolution Septemberof 202324 April 2024 on the proposal for a directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy (COM(2022)0540 – C9-0361/2022 – 2022/0344(COD))

(Ordinary legislative procedure: first reading)

Removed:Recital -1 (new): (-1) Water is not a commercial product like any other but, rather, a common good and a heritage, which needs to be protected, and treated as such, in order to ensure that ecosystems are preserved and that there is universal access to clean water.

Change 1

Added:The European Parliament,

Removed:Recital -1 a (new): (-1a) The United Nations General Assembly recognised, on 28 July 2010, the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights. Following the success of the 2014 European Citizen’s Initiative entitled ‘Right2Water’ a proposal for the revision of the Directive on drinking water was adopted by the Commission in 2018 and the corresponding amended Directive entered into force on 12 January 2021. That Directive lays down an obligation for Member States to improve access to water intended for human consumption while relying, inter alia, on the knowledge gained and actions carried out under Directive 2000/60/EC. Member States should also ensure the effectiveness of the right to clean water and sanitation by improving the quality of both surface water and groundwater.

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

Removed:Recital 1: (1) Chemical pollution of surface and groundwater poses a threat to the aquatic environment, with effects such as acute and chronic toxicity in aquatic organisms, accumulation of pollutants in the ecosystem and loss of habitats and biodiversity, as well as to human health. Setting environmental quality standards helps to implement the zero pollution ambition for a toxic-free environment, one of the priority goals of the 8th Environmental Action Programme1a. / 1a Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030

Added:– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90361/2022),

Removed:Recital 1 a (new): (1a) According to the European Environment Agency, around 90 % of the area of groundwater bodies is reported to be in good quantitative status, around 75 % of the groundwater body area is in good chemical status, 40 % of surface water bodies are in good or high ecological status, and 38 % of surface water bodies are in good chemical status, while the European Environment Agency’s report of 4 December 2019 entitled ‘The European environment – state and outlook 2020: Knowledge for transition to a sustainable Europe’ found that reduced pollution has improved water quality, but that the Union was far from achieving good ecological status for all water bodies by 2020.

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

Removed:Recital 1 b (new): (1b) The 2019 Fitness Check of the Water Framework Directive (‘the Fitness Check’) concluded in its evaluation that the next round of programmes of measures will play a key role in ensuring the necessary progress towards achieving the environmental objectives of Directive 2000/60/EC by the 2027 deadline, and stated that currently more than half of all European water bodies are exempt under Directive 2000/60/EC, which makes the challenges for Member States to achieve the Environmental Quality Standards for priority substances within the given deadline, more than substantial. In addition, the Fitness Check concluded that the environmental objectives have not been reached fully largely due to insufficient funding, slow implementation and insufficient integration of environmental objectives in sectoral policies, and not due to a deficiency in the legislation.

Added:– having regard to the opinion of the Economic and Social Committee of 22 February 2023,

Removed:Recital 1 c (new): (1c) Due to geographical and socioeconomic factors, some populations, including indigenous peoples, are more vulnerable to water pollution. The mining sector in the European Union is expected to grow to ensure the development of the net zero industry. As stated in Report 09/2021 from the European Environmental Agency1a, the mining sector directly impacts water quality and quantity. It is, therefore, necessary to better implement the existing legislative frameworks and to plan and control water use and discharge also in mining operations. / 1a Drivers of and pressures arising from selected key water management challenges : A European overview, report 09/2021, EEA

Added:– after consulting Committee of the Regions,

Removed:Recital 1 d (new): (1d) Many territories in the Union are subject to large and increasing water constraints. The significant and persistent droughts of recent years, especially in the Mediterranean regions, are putting agricultural production at risk and causing a serious decline in surface and groundwater reserves 1a . / 1a https://www.oecd.org/agriculture/topics/water-and-agriculture/

Added:– having regard to Rule 59 of its Rules of Procedure,

Removed:Recital 1 e (new): (1e) Water is a public good for the benefit of all which, as an essential natural resource that is irreplaceable and indispensable to life, needs to be carefully considered in the light of its social, economic and environmental dimensions. Climate change, including the increased frequency of natural disasters and extreme weather events, and the degradation of biodiversity, both negatively affect water quality and quantity, leading to pressure on sectors dependent on the availability of water, particularly agriculture.

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

Removed:Recital 1 f (new): (1f) While in its 2018 Report on “European waters - assessment of status and pressures”, the European Environment Agency (EEA) identified certain agricultural practices as obstacles to achieving good chemical status of groundwater in the Union, leading to nitrate and pesticide pollution, a steady decrease in use of mineral fertilisers and in nutrient surpluses has been observed in the Union over the last decades 1a. Other significant sources of pollution are discharges that are not connected to a sewerage system, contaminated sites or abandoned industrial sites. / 1a https://www.eea.europa.eu/publications/state-of-water

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

Removed:Recital 1 g (new): (1g) Good status of water bodies and efficient management of water resources represents a priority for agriculture, since farmers rely on water to conduct their activity, and as such, have a vested interest in the sustainable use of such resources.

Added:1. Adopts its position at first reading hereinafter set out;

Removed:Recital 1 h (new): (1h) In order to facilitate a transition to a more sustainable and productive agricultural sector that is resilient as regards water constraints, incentives should be put in place for farmers to improve water management and modernisation of irrigation systems and techniques.

Added:2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Removed:Recital 1 i (new): (1i) Pesticide use can severely affect water quality and the quantity of water available for agricultural use, leading to negative impacts on both aquatic and terrestrial biodiversity. It is therefore appropriate to monitor the impact and ecotoxicological fate of pesticides and their metabolites in water bodies.

Added:3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Removed:Recital 1 j (new): (1j) It is essential to consider the efforts achieved so far in sectors such as agriculture, where it has already been possible to reduce phytosanitary contamination by 14 % compared to 2015-2017 and by 26 % if considering the most harmful pollutants. The figures, therefore, show a continuous reduction in the use and risk of chemicals, with 2020 being the second consecutive year in which there has been a significant reduction in the use of pesticides, especially the most dangerous1a. / 1a https://food.ec.europa.eu/plants/pesticides/sustainable-use-pesticides/farm-fork-targets-progress/eu-trends_en

Added:P9_TC1-COD(2022)0344

Removed:Recital 1 k (new): (1k) Chemical pollution of surface and groundwater also poses a threat to agriculture by limiting the availability of water suitable for crop irrigation, and further aggravating water scarcity. The Union and Member States should, therefore, increase support for research and innovation to rapidly deploy solutions to tackle surface and groundwater scarcity and pollution, including digitalisation, precision agriculture, optimised irrigation and modernisation of irrigation and a circular use of resources, for improved climate-resilient water management and a more targeted application of pesticides and fertilisers for crops, less polluting and safer alternatives to agricultural inputs, more resistant and nutrient-efficient varieties of crops and increased usage of treated wastewater for agricultural irrigation. This should contribute to achieving a sustainable and resilient Union food system while reducing diffuse pollution from agriculture and the need for agricultural abstraction.

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

Removed:Recital 2 a (new): (2a) In seeking to achieve a high level of environmental protection and in implementing the Zero Pollution Action Plan, the Union should take account of the diversity of situations in the different regions of the Union, the impact on food security, food production and food affordability, as well as healthy and sustainable diets.

Added:(Text with EEA relevance)

Removed:Recital 3 a (new): (3a) The objectives of achieving “good status of water bodies” and ensuring water availability are cross-cutting and are often not pursued in a sufficiently coherent way. Good water management should be mainstreamed in all Union policies concerning water-using sectors.

Added:THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Removed:Recital 3 b (new): (3b) The Fitness Check pointed out that better integration of water objectives in agricultural policy was necessary. The new CAP introduced measures making water management more sustainable. In order to have enhanced coherence between agriculture and water policy, Member States should make full use of the opportunities available in the new CAP and integrate water issues fully in their strategic plans, including use of Agricultural Knowledge and Innovation Systems (AKIS), and facilitate the development of advisory services to promote best practices concerning water management.

Added:Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Removed:Recital 4: (4) Directive 2000/60/EC of the European Parliament and of the Council45establishes a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. That framework involves the identification of priority substances amongst those that pose a significant risk to, or via, the aquatic environment at Union level. Directive 2008/105/EC of the European Parliament and of the Council46lays down Union-wide environmental quality standards (EQS) for the 45 priority substances listed in Annex X to Directive 2000/60/EC and eight other pollutants that were already regulated at Union level before Annex X was introduced by Decision No 2455/2001/EC of the European Parliament and of the Council47. Directive 2006/118/EC of the European Parliament and of the Council48lays down Union-wide groundwater quality standards for nitrates and for active substances in pesticides and criteria for establishing national threshold values for other groundwater pollutants. It also sets out a minimum list of 12 pollutants and their indicators for which Member States are required to establish such national threshold values. The groundwater quality standards are set out in Annex I to Directive 2006/118/EC.

Added:Having regard to the proposal from the European Commission,

Removed:Recital 4 a (new): (4a) Member States should ensure that pollution through the discharge, emission or loss of priority hazardous substances ceases or is phased out within an appropriate timeline and, in any case, not later than 20 years after a given priority substance is listed as hazardous in Part A of Annex I to Directive 2008/105/EC. That timeline should apply without prejudice to the application of stricter timelines in any other applicable Union legislation.

Added:After transmission of the draft legislative act to the national parliaments,

Removed:Recital 5: (5) Substances are considered for listing in Annex X to Directive 2000/60/EC or in Annex I or Annex II to Directive 2006/118/EC based on an assessment of the risk they pose to humans and the aquatic environment. The key components of that assessment are knowledge of the environmental concentrations of the substances, including information collected from watch-list monitoring, and of the (eco)toxicology of the substances, as well as of their persistence, bioaccumulation, toxicity, mobility, carcinogenicity, mutagenicity, reprotoxicity and endocrine disrupting potential.

Added:Having regard to the opinion of the European Economic and Social Committee,

Removed:Recital 7: (7) A combination of source-control and end-of-pipe measures is required to effectively deal with most pollutants across their life cycle, including, as relevant, chemical design, authorisation or approval, control of emissions during manufacturing and use or other processes, and waste handling. The setting of new or stricter quality standards in water bodies therefore complements and is coherent with other Union legislation that addresses or should address the pollution problem at one or more of those stages, including Regulation (EC) No 1907/2006 of the European Parliament and of the Council49, Regulation (EC) No 1107/2009 of the European Parliament and of the Council50, Regulation (EU) No 528/2012 of the European Parliament and of the Council51, Regulation (EU) 2019/6 of the European Parliament and of the Council52, Directive 2001/83/EC of the European Parliament and of the Council53, Directive 2009/128/EC of the European Parliament and of the Council54, Directive 2010/75/EU of the European Parliament and of the Council55and Council Directive 91/271/EEC56. In order for the Member States to achieve the environmental objectives laid down in Article 4 of Directive 2000/60/EC in the best and most cost-effective way possible, they should ensure, when establishing their programmes of measures, that source-control measures are prioritized over end-of-pipe measures and that those measures are in accordance with relevant Union sectoral legislation on pollution. When there is a risk…

Added:Having regard to the opinion of the Committee of the Regions,

Removed:Recital 7 a (new): (7a) Water pollution is mainly the result of industrial and agricultural activities, sewage discharges, and urban runoff, including storm water. The Commission and the Member States should prioritise in their actions measures reducing pollution at source, as well as their enforcement. To this end, coherence between all pieces of Union and national legislation addressing pollutant emissions at source should be ensured in order to reduce pollution to levels no longer considered harmful to health and natural ecosystems.

Added:Acting in accordance with the ordinary legislative procedure,

Removed:Recital 7 b (new): (7b) In order to ensure the legislation intended for preventing pollution of surface water and groundwater is up to date in relation to the fast-evolving pace of new and emerging chemicals that have the potential, as pollutants, to cause significant risks to human health and the aquatic environment, policy mechanisms to detect and assess such substances of emerging concern should be strengthened. In this regard, an approach that allows monitoring and analysis of additional numbers of such substances or groups of substances under the watch lists for surface water and groundwater should be devised. The substances or group of substances to be placed on the watch list should be selected from amongst those substances for which the information available indicates that they could pose a significant risk at Union level to, or via, the aquatic environment, and for which the monitoring data are insufficient. The number of such substances or groups of substances to be monitored and analysed under the watch lists for surface water and groundwater should not be limited.

Added:Whereas:

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

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

Removed:Recital 8 a (new): (8a) Glyphosate is the most frequently used herbicide within the Union for agricultural use. As an active substance, it has raised serious concerns in terms of its impact on human health and aquatic toxicity. In December 2022, the Commission decided to grant a temporary extension of the glyphosate marketing authorisation for one additional year, pending the European Food Safety Authority’s reassessment of the active substance due in July 2023. Various recent scientific studies1a suggest, however, that an environmental quality standard (EQS) lower than 0,1 μg /L for all surface water bodies should be considered based on the aquatic toxicity of glyphosate, AMPA and glyphosate-based herbicides. Considering the ongoing assessments by competent Union regulators and the scientific findings of relevant studies regarding the impacts of glyphosate on aquatic life, and for the purpose of ensuring the good chemical status of the majority of Union waters, based on the precautionary principle, a common and unified AA-EQS for inland surface waters and, separately, for other surface waters, should be adopted in relation to glyphosate. / 1a Transcriptomic signalling in zebrafish embryos exposed to environmental concentrations of glyphosate, 2022. Effects of low-concentration glyphosate and aminomethyl phosphonic acid on zebrafish embryo development, 2021. Global transcriptomic profiling demonstrates induction of oxidative stress and compensatory cellular stress responses in brown trout expos…

Added:(-1a) The United Nations General Assembly recognised, on 28 July 2010, the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights. Following the success of the 2014 European Citizen’s Initiative entitled ‘Right2Water’ a proposal for the revision of the Directive on drinking water was adopted by the Commission in 2018 and the corresponding amended Directive entered into force on 12 January 2021. That Directive lays down an obligation for Member States to improve access to water intended for human consumption while relying, inter alia, on the knowledge gained and actions carried out under Directive 2000/60/EC. Member States should also ensure the effectiveness of the right to clean water and sanitation by improving the quality of both surface water and groundwater. [Am. 2]

Removed:Recital 8 b (new): (8b) Atrazine is a herbicide used for annual broad-leaved weeds and annual grasses in cereals. The use of atrazine in plant protection products is no longer authorised within the Union pursuant to Commission Decision 2004/248/EC1a. Atrazine has been proven to be an endocrine disruptor, with evidence that it interferes with reproduction and development, and it could be a cause of cancer. The European Environmental Agency, assessing pesticides against effect or quality thresholds between 2013 and 2020, found that exceedances of one or more pesticides, mainly exceedances of atrazine and its metabolites, were detected at between 4% and 11% of groundwater monitoring sites. Considering its persistent presence in Union surface and groundwater and in order to ensure the threshold values for atrazine do not exceed the total pesticides and metabolites EQS, the threshold value for atrazine in Annex I to Directive 2008/105/EC should be adjusted, also in accordance with the threshold value for the same substance set in Directive (EU) 2020/21841b. / 1a Commission Decision 2004/248/EC of 10 March 2004 concerning the non-inclusion of atrazine in Annex I to Council Directive91/414/EEC and the withdrawal of authorizations for plant protection products containing this active substance (OJ L 78, 16.3.2004, p. 53). / 1b Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast) (OJ L 435, 23.12.2020, p…

Added:(1) Chemical pollution of surface and groundwater poses a threat to the aquatic environment, with effects such as acute and chronic toxicity in aquatic organisms, accumulation of pollutants in the ecosystem and loss of habitats and biodiversity, as well as to human health. Setting environmental quality standards helps to implement the zero pollution ambition for a toxic-free environment, one of the priority goals of the 8th Environmental Action Programme. [Am. 3]