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

Removed:Article 1 – paragraph 1 – point 1 – introductory part, Article 1 – point e – indent 4: (1) in Article 1, point (e), the fourth indent is replaced by the following:

Added:(9a) Pursuant to applicable Union law, Member States are obliged to identify affected and at-risk waters, designate nitrate-vulnerable zones, develop action programmes and implement relevant measures. In this regard, there is still a need for an improvement in the harmonisation of control measures and water quality measurement systems between Member States, so as to allow for harmonised standards across the Union that make comparability between Member States possible, thus avoiding competition problems in the European agricultural sector, resulting in disturbances to the internal market. [Am. 30]

Removed:Directive 2000/60/EC

Added:(10) It is estimated that in 2019, between 900 000 and 1,7 million deaths around the world were attributable to antimicrobial resistance (AMR) infections. At the same time, concern has been expressed about the risk of antimicrobial resistance developing from the presence of antimicrobial resistant microorganisms and antimicrobial resistance genes in the aquatic environment, but little monitoring has taken place. Relevant antimicrobial resistance genes should also be included in the surface and ground water watch lists and monitored as soon as suitable monitoring methods have been developed. This is in line with the 'European One Health Action Plan against Antimicrobial Resistance’, adopted by the Commission in June 2017, and with the Pharmaceutical Strategy for Europe, which also addresses this concern. [Am. 31]

Removed:Article 1 – paragraph 1 – point 2 – point c, Article 2 – paragraph 1 – point 30a: (30a) ‘Priority hazardous substances’ means priority substances which are marked as ‘hazardous’ on the basis that they are recognised in scientific reports, in relevant Union legislation, or in relevant international agreements, as being toxic, persistent and liable to bio-accumulate (PBT), or very persistent and very accumulative (vPvB), or persistent, mobile and toxic (PMT) or very persistent and very mobile (vPvM) or as giving rise to an equivalent level of concern, where this concern is relevant to the aquatic environment, and for which measures need to be taken in accordance with Article 4 (1), point (a), point (iv).

Added:(10a) Commission Implementing Decision (EU) 2020/1729 repealing Implementing Decision 2013/652/EU sets the framework to obtain comparable and reliable data on antimicrobial resistance in the European Union, including by monitoring slaughterhouse wastewater as a potential vehicle of antibiotic-resistant bacteria and therefore a possible environmental contamination route. Antibiotic-resistant bacteria have been found in water discharged by slaughterhouses. [Am. 32]

Removed:Directive 2000/60/EC

Added:(10b) Concern has been expressed about the risk of sulfates and xanthates in the aquatic environment. Sulfates not only impair drinking water quality, they also affect the material cycles of carbon, nitrogen and phosphorus. Among other things, this increases the nutrient loads in water bodies and thus the growth of plants and algae and also increases food supply for aquatic organisms and leads to a decrease of oxygen in water. Sulfates and their degradation products, especially sulfide, under certain conditions, can have a toxic effect on aquatic life. Standard test results indicate that some xanthates and their degradation products are toxic to aquatic invertebrates and fish species and that they may bioaccumulate. Sulfates are already listed as a pollutant for groundwater, but the monitoring that has taken place has been insufficient. Sulfates should therefore be included in the surface and ground water watch lists. Xanthates should be included in the surface water watch list. [Am. 33]

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point 35: (35) ‘Environmental quality standard’ means the concentration of a particular pollutant or group of pollutants in water, sediment or biota not to be exceeded in order to protect human health and the environment or a trigger value for the adverse effect on human health or the environment of such a pollutant or group of pollutants measured using an appropriate and scientifically established effect-based method.’;

Added:(10c) Substances such as microplastics pose a clear risk to public health and the environment, but also to basic activities such as the development of agriculture. The presence of such substances and other particles can have implications not only on the water received by livestock and crops, but also on soil fertility, thereby compromising the health and good development of present and future crops. [Am. 34]

Removed:Directive 2000/60/EC

Added:(11) The current and conventional monitoring methods for the chemical status of water bodies cannot, in general, determine the impact of complex mixtures of chemicals on water quality. Considering the growing awareness of the relevance of mixtures and therefore of effect-based monitoring for determining chemical status,and considering that sufficiently robust effect-based monitoring methods already exist for estrogenic substances, Member States should apply such methods to assess the cumulative effects of estrogenic substances in surface waters over a period of at least two years. This will allow the comparison of effect-based results with the results obtained using the conventional methods for monitoring the three estrogenic substances listed in Annex I to Directive 2008/105/EC. That comparison will be used to assessshould be included in an evaluation report published by the Commission in which it assesses whether effect-based monitoring methods deliver robust and accurate data and may be used as reliable screening methods. Using such screening methods would have the advantage of allowing the effects of all estrogenic substances having similar effects to be covered, and not only those listed in Annex I to Directive 2008/105/EC. The Commission should be empowered to adopt delegated acts to supplement Directive 2008/105/EC to set out modalities for the Member States to use the effect-based methods for monitoring to assess the presence also of other substances in water bodies, in anticipation of a possible setting of effect-based trigger values in the future. The definition of EQS in Directive 2000/60/EC should be modified to ensure that it may, in the future, also covertrigger values that might be set for assessing the results of effect-based monitoring. [Am. 35]

Removed:Article 1 – paragraph 1 – point 2 – point d a (new), Article 2 – paragraph 1 – point 37: (da) point (37) is replaced by the following: / "37. ‘Water intended for human consumption’ has the same meaning as under Directive (EU) 2020/2184."

Added:(11a) More stringent threshold values should be established where groundwater quality standards could result in failure to achieve the environmental objectives of Directive 2000/60/EC for associated water bodies, as required under Directive 2006/118/EC. That requirement under Directive 2006/118/EC should be further extended to better protect vulnerable sites from pollution. [Am. 36]

Removed:Directive 2000/60/EC

Added:(12) The evaluation of Union water legislation (the ‘evaluation’) concluded that the process for identifying and listing pollutants affecting surface and groundwater and setting or revising quality standards for them in the light of new scientific knowledge could be accelerated. If those tasks were to be carried out by the CommissionTherefore, rather than in the framework of the ordinary legislative procedure as currently provided for in Articles 16 and 17 ofany future review of Annex I to Directive 2000/60/EC and Article 10 of2008/105/EC with regard to the list of priority substances and corresponding EQS set out in Part A of that Annex and of Annex I to Directive 2006/118/EC, the functioning of the surface and groundwater watch-list mechanisms, in particular in terms of timing and sequence of listing, monitoring and assessing results, couldshould be improved, the links between the watch-list mechanism and the reviews of the lists of pollutants couldshould be strengthened, and changes tothe review period for the lists of pollutants couldshould be adjusted in order to take account of scientific progress more swiftly. Therefore, and given the need to amend the lists of pollutants and their EQS promptly in the light of new scientific and technical knowledge, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annex I to Directive 2008/105/EC with regard to the list of priority substances and corresponding EQS set out in Part A of that Annex and to amend Annex I to Directive 2006/118/EC with regard to the list of groundwater pollutants and quality standards set out in that Annex. In this context, the CommisisonCommission should take account of the results of the monitoring of substances on the surface and groundwater watch lists. As a consequence, Articles 16 and 17 of Directive 2000/60/EC and Annex X to that Directive, as well as Article 10 of Directive 2006/118/EC, should be deleted, while maintaining the obligation to take measures aimed at the cessation or phasing out of discharges, emissions and losses of priority hazardous substances. [Am. 37]

Removed:Article 1 – paragraph 1 – point 2 – point d b (new), Article 2 – paragraph 1 – point 40 – subparagraph 1: (db) in Article 2 point (40), the first subparagraph is replaced by the following: / "40. ‘Emission limit values’ means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during any one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those identified in Annex I to Directive 2008/105/EC.

Added:(12a) Overall, the conclusions of the Fitness check indicate that the Directives are broadly fit for purpose, with scope for improvement, including accelerating the proper implementation of their objectives, which might be achieved through more Union funding. The assessment indicates that the Directives have so far generally led to a higher level of protection of water bodies and flood risk management. [Am. 38]

Removed:Directive 2000/60/EC

Added:(13) The evaluation also concluded that there is too much variation between Member States as regards the quality standards and threshold values set at national level for river basin specific pollutants and groundwater pollutants respectively. Until now, river basin specific pollutants not identified as priority substances under Directive 2000/60/EC have been subject to national EQS and been counted as physico-chemical quality elements supporting the assessment of ecological status in surface waters. In groundwaters, it has also been possible for Member States to set their own threshold values, even for man-made synthetic substances. This flexibility has led to sub-optimal results in terms of comparability of the status of water bodies between Member States, and in terms of environmental protection. Therefore, it is necessary to provide for a procedure that allows for an agreement at Union level on EQS and threshold values that are to be applied for those substances if they are identified as being of national concern and to establish repositories of the applicable EQS and threshold values.

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 4a: Member States shall notify other Member States that could be adversely affected by the relevant pollution incident. / To further improve cooperation and information exchange in the international river basin districts, for all international river basin districts arrangements for emergency communication and response shall be put in place.

Added:(13a) Any decision on the selection, review of substances and the setting of EQS should be based on a risk assessment and follow a proportionate, transparent and science-based approach and take into consideration recommendations from the European Parliament, Member States and relevant stakeholders. [Am. 39]

Removed:Directive 2000/60/EC

Added:(13b) While Directive 2000/60/EC set the rules necessary to make progress in relation to water quantity and quality, the Fitness check showed that the slow progress made as regards achieving the objectives of this Directive can amongst other things be attributed to a lack of sufficient financial resources as well as regulatory and ecological complexity, including possible time lags for groundwater to respond to measures and with regard to reporting timelines. Measures that improve the status of water bodies through restoration of rivers and ecosystem services provide financial benefits that outweigh the costs and could reduce unnecessary expenditure for Member States. Furthermore, the evaluation points to a lack of implementation, an insufficient scope, and insufficient or inadequate restoration measures ensuring hydrological and ecological connectivity. [Am. 40]

Removed:Article 1 – paragraph 1 – point 4 – point a, Article 4 – paragraph 1 – point a – point iv: (iv) Member States shall implement the necessary measures to progressively reduce pollution, discharges, emissions and losses from priority substances and river basin specific pollutants, and to cease or phase out emissions, discharges and losses of priority hazardous substances 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 shall apply without prejudice to the application of stricter timelines in any other applicable Union legislation;

Added:(14) Furthermore, integrating river basin specific pollutants into the definition of chemical status in surface waters ensures a more coordinated, coherent and transparent approach in terms of monitoring and assessment of chemical status of surface water bodies and of related information to the public. It also facilitates a more targeted approach to identifying and implementing measures to address all ‘chemical related’ issues in a more holistic, effective and efficient way. Therefore, the definitions of ‘ecological status’ and ‘chemical status’ should be modified and the scope of ‘chemical status’ should be widened to cover also the river basin specific pollutants, hitherto part of the definition of ‘ecological status’ in Annex V to Directive 2000/60/EC. As a result, the concept of EQS for river basin specific pollutants and related procedures should be included in Directive 2008/105/EC.

Removed:Directive 2000/60/EC

Added:(15) 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 Part B of Annex II to Directive 2006/118/EC by adapting the list of pollutants for which Member States have to consider establishingestablish national threshold values. [Am. 41]

Removed:Article 1 – paragraph 1 – point 4 – point ba, Article 4 – paragraph 1 – point c – subparagraph 1 a (new): (ba) in point (c), the following subparagraph 1a is added: / Member States shall set stricter standards or threshold values if necessary to adequately protect the areas listed in Annex IV to this Directive, including special areas of conservation under Council Directive 92/43/EEC. Programmes and measures required in relation to such threshold values shall also apply to activities falling within the scope of Directive 91/676/EEC.

Added:(16) Given the need to swiftly adapt to scientific and technical knowledge and to ensure a harmonised approach and level playing field in the Union in respect of river basin specific pollutants, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to adapt Annex II to Directive 2008/105/EC with regard to the list of categories of pollutants set out in Part A of that Annex and to adapt Part C of Annex II with regard to the harmonised EQS for river basin specific pollutants or groups thereof. Those harmonised EQS should be applied by Member States in assessing the status of their surface water bodies when a risk has been identified from those pollutants.

Removed:Directive 2000/60/EC

Added:(17) The review of the list of priority substances in Part A of Annex I to Directive 2008/105/EC has concluded that several priority substances are no longer of Union wide concern and should therefore no longer be included in Part A of Annex I to that Directive. Those substances should therefore be considered as river basin specific pollutants and included in Part C of Annex II to Directive 2008/105/EC together with their corresponding EQS. Considering that those pollutants are no longer considered to be of Union wide concern, the EQS need only be applied where those pollutants could still be of national or regional or local concern.

Removed:Article 1 – paragraph 1 – point 6 – point a, Article 8 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 20a supplementing this Directive by setting out technical specifications and standardised methods for analysis and monitoring of water status set out in Annex V. The Commission is empowered to adopt implementing acts for establishing formats for reporting monitoring and status data in accordance with paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).;

Added:(18) In order to ensure a level playing field and allow comparability of water body status between Member States, there is a need to harmonise national threshold values for some groundwater pollutants. Therefore, a repository of harmonised threshold values for groundwater pollutants of national, regional or local concern should be introduced as a new Part D in Annex II to Directive 2006/118/EC. The harmonised thresholds set out in that repository need to be applied only in those Member States where the pollutants subject to those thresholds affect groundwater status. For the sum of the two synthetic pollutants trichloroethylene and tetrachloroethylene, there is a need to harmonise the national threshold values since not all Member States where the pollutants are relevant apply a threshold value for the sum of these pollutants and the national threshold values set are not all the same. The harmonised threshold value should be consistent with the parametric value set for the sum of those pollutants in drinking water under Directive (EU) 2020/2184.

Removed:Directive 2000/60/EC

Added:(19) 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 Part D of Annex II to Directive 2006/118/EC in order to adapt the repository of harmonised threshold values as regards the pollutants included and the harmonised threshold values to technical and scientific progress.

Removed:Article 1 – paragraph 1 – point 6 – point a a (new), Article 8 – paragraph 3 a (new): (aa) The following paragraph is added: / "3a. By [two years after the entry into force of this Directive], the Commission shall publish a comprehensive assessment on the possible application of continuous, precise and real-time (online) pollution monitoring systems of water quality measurements, including economic and technical feasibility aspects of such systems relevant to the Member States, as well the use of harmonised standards. / The Commission shall, if appropriate, adopt an implementing act, in accordance with the examination procedure referred to in Article 21(2), to set out harmonised standards for online water monitoring.”

Added:(20) All provisions of Directive 2006/118/EC relating to the assessment of groundwater chemical status should be adapted to the introduction of the third category of harmonised threshold values in Part D of Annex II to that Directive, in addition to the quality standards set out in Annex I to that Directive and the national threshold values set out in accordance with the methodology set out in Part A of Annex II to that Directive.

Removed:Directive 2000/60/EC

Added:(20a) In order to provide for adequate protection standards for areas of high ecological value, vulnerability or pollution, such as caves and karst areas, that contain ecosystems that are among the most vulnerable to contamination and represent an important drinking water supply, as well as for former industrial sites and other areas with known historical contamination, the Commission should publish an assessment of the chemical status of such areas and, where appropriate, present a legislative proposal to revise Directive 2006/118/EC accordingly. [Am. 42]

Removed:Article 1 – paragraph 1 – point 6 – point b, Article 8 – paragraph 4: 4. Member States shall ensure that the available individual monitoring data collected in accordance with point 1.3.4 and 2.4.3 of Annex V and the resulting status in accordance with Annex V are made available to the European Environment Agency (EEA) and, without undue delay and in an easily accessible manner, to the public at least once a year electronically in a machine-readable format in accordance with Directive 2003/4/EC of the European Parliament and of the Council*, Directive 2007/2/EC of the European Parliament and of the Council** and Directive (EU) 2019/1024 of the European Parliament and of the Council***. For those purposes, Member States shall use the formats established in accordance with paragraph 3 of this Article.

Added:(21) To ensure effective and coherent decision-making and develop synergies with the work carried out in the framework of other Union legislation on chemicals, the European Chemicals Agency (‘ECHA’),should be given a permanent and clearly circumscribed role in the prioritisation of substances to be included in the watch lists and in the lists of substances in Annexes I and II to Directive 2008/105/EC and Annexes I and II to Directive 2006/118/EC, and in the derivation of appropriate science-based quality standards. The Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) of ECHA, should facilitate the carrying out of certain tasks conferred on ECHA by providing opinions. ECHA should also ensure better coordination between various pieces of environmental law through increased transparency as regards pollutants on a watch list or the development of Union wide or national EQS or thresholds, by making relevant scientific reports publicly available. In relation to assessing threshold values for pharmaceutical substances, ECHA should cooperate with the European Medicines Agency ('EMA'). [Am. 43]

Removed:Directive 2000/60/EC

Added:(22) The evaluation concluded that more frequent and streamlined electronic reporting is necessary to foster better implementation and enforcement of the Union water legislation. In view of its role also to more regularly monitor the state of pollution as described in the Zero Pollution Action Plan, the European Environment Agency (EEA) should facilitate such more frequent and streamlined reporting by the Member States. It is important that environmental information on the status of Union surface water and groundwater is made available to the public and to the Commission in a timely manner. Member States should therefore be required to make available to the Commission and the EEA the monitoring data collected in the framework of Directive 2000/60/EC, making use of automated reporting and data delivery mechanisms by using Application Programming Interface or equivalent mechanisms. The administrative burden is expected to be limited insofar as Member States are already required to make publicly available spatial data themes within the scope of Directive 2007/2/EC of the European Parliament and of the Council as well as under Directive (EU) 2019/1024 of the European Parliament and of the Council. Those spatial data themes include the location and operation of environmental monitoring facilities, related measurements of emissions and the state of environmental media.

Removed:Article 1 – paragraph 1 – point 7 a (new), Article 11 – paragraph 1: (7 a) Article 11(1) is replaced by the following: / "1. Each Member State shall ensure the establishment for each river basin district, or for the part of an international river basin district within its territory, of a programme of measures, taking account of the results of the analyses required under Article 5, in order to achieve the objectives established under Article 4. Such programmes of measures shall prioritise source-control measures in accordance with relevant Union sectoral legislation on pollution. End-of-pipe measures shall be applied in addition to source control measures where there is a risk of source-control measures failing to achieve good status of the water bodies. Programmes of measures may make reference to measures following from legislation adopted at national level and covering the whole of the territory of a Member State. Where appropriate, a Member State may adopt measures applicable to all river basin districts and/or the portions of international river basin districts falling within its territory. The Commission shall develop guidance on best practices for source-control measures and the complementarity of end-of-pipe measures."

Added:(23) Better integration of data flows reported to the EEA under the Union water legislation and, in particular, of the inventories of emissions required by Directive 2008/105/EC, with the data flows reported to the Industrial Emissions Portal under Directive 2010/75/EU and Regulation (EC) No 166/2006 of the European Parliament and of the Council, will make the inventory reporting in accordance with Article 5 of Directive 2008/105/EC simpler and more efficient. At the same time, it will reduce administrative burden and peak work load in the preparations of the river basin management plans. In combination with the abolition of interim reporting on the progress of programmes of measures, which did not prove effective, this simplified reporting will allow Member States to put more effort into reporting emissions that are not covered by the legislation on industrial emissions but which are covered by the emissions reporting under Article 5 of Directive 2008/105/EC. [Am. 44]

Removed:Directive 2000/60/EC

Added:(24) The Treaty of Lisbon introduced a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts). Directives 2000/60/EC and 2006/118/EC should be aligned to the legal framework introduced by the Lisbon Treaty.

Removed:Article 1 – paragraph 1 – point 7 b (new), Article 11 – paragraph 3 – point c: (7 b) Article 11(3), point (c) is replaced by the following: / "(c) measures to promote an efficient and sustainable water use, including in agriculture, in order to avoid compromising the achievement of the objectives specified in Article 4;”

Added:(25) The empowerments in Article 20(1), first subparagraph, of Directive 2000/60/EC and in point 1.4.1(ix) of Annex V to that Directive which provide for the use of the regulatory procedure with scrutiny fulfil the criteria in Article 290(1) TFEU, since they concern adaptations of the Annexes to that Directive and adoption of rules supplementing it. They should therefore be converted to empowerments for the Commission to adopt delegated acts.

Removed:Directive 2000/60/EC

Added:(26) The empowerment in Article 8 of Directive 2006/118/EC which provides for the use of the regulatory procedure with scrutiny fulfils the criteria in Article 290(1) TFEU, since it concerns adaptations of the Annexes to that Directive. It should therefore be converted to an empowerment for the Commission to adopt delegated acts.

Removed:Article 1 – paragraph 1 – point 8 a (new), Article 11 – paragraph 5 – indent 2: (8 a) Article 11(5), indent 2 is replaced by the following: / "— relevant permits and authorisations are examined and reviewed and, in duly justified cases, suspended, as appropriate,"

Added:(27) It is of particular importance that the Commission carry out appropriate consultations during the preparation of delegated acts, its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as the Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Removed:Directive 2000/60/EC

Added:(28) The empowerment in Article 8(3) of Directive 2000/60/EC which provides for the use of the regulatory procedure with scrutiny fulfils the criteria in Article 290(2) TFEU, since it concerns the adoption of technical specifications and standardised methods for analysis and monitoring of water status and therefore aims at ensuring uniform conditions for the harmonised implementation of that Directive. It should therefore be converted to an empowerment for the Commission to adopt implementing acts. In order to ensure comparability of data, the empowerment should also be extended to include the establishment of formats for reporting monitoring and status data in accordance with Article 8(4). The powers conferred on the Commission should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Removed:Article 1 – paragraph 1 – point 9, Article 12 – paragraph 1 – subparagraph 1 a (new): The Commission shall respond to any notification from a Member State within a period of six months. Where the issue concerns failure to meet good chemical status, the Commission shall act in accordance with Article 7a of Directive 2008/105/EC.

Added:(29) In order to ensure uniform conditions for the implementation of Directive 2000/60/EC, implementing powers should be conferred on the Commission to adopt technical formats for reporting monitoring and water status data in accordance with Article 8(3) of Directive 2000/60/EC. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Removed:Directive 2000/60/EC

Added:(30) In order to ensure uniform conditions for the implementation of Directive 2008/105/EC, implementing powers should be conferred on the Commission to adopt standardised formats for the reporting of point source emissions not covered by Regulation (EU) …/… of the European Parliament and of the Council , to the EEA. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.