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

Removed:Directive 2006/118/EC

Added:(7) Article 10 is amended as follows:

Removed:Article 2 – paragraph 1 – point 7, Article 8 – paragraph 6 a (new): 6a. By 12 January 2025, the Commission shall establish technical guidelines regarding methods of analysis for monitoring of per- and polyfluoroalkyl substances under the parameters ‘PFAS Total’. The Commission is empowered to adopt delegated acts in accordance with Article 8a amending this Directive by setting a quality standard for 'PFAS total' and amend Annex I accordingly. The Commission shall adopt these delegated acts by 12 January 2026.

Added:(a) paragraph 2 is replaced by the following:

Removed:Directive 2006/118/EC

Added:‘2. For the purpose of complying with the objectives, quality standards and thresholds established pursuant to this Directive, Member States shall ensure the establishment and implementation of the following:

Removed:Article 2 – paragraph 1 – point 7, Article 8 – paragraph 7: 7. ECHA shall, every four years, prepare and make publicly available a report, summarizing the findings of the review referred to in paragraphs 2 and 3. The first report shall be submitted to the Commission on … [OP: Please insert the date = three years after the date of entry into force of this Directive].

Added:(a) emission controls based on best available techniques;

Removed:Directive 2006/118/EC

Added:(b) relevant emission limit values;

Removed:Article 2 – paragraph 1 – point 8, Article 8a – paragraph 2: 2. The power to adopt delegated acts referred to in Article 8(2), (3) and (6a) shall be conferred on the Commission for a period of 6 years from [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 6 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Added:(c) in the case of diffuse impacts, controls including, as appropriate, best environmental practices as set out in:

Removed:Directive 2006/118/EC

Added:- Directive 2009/128/EC of the European Parliament and of the Council*;

Removed:Article 2 – paragraph 1 – point 8, Article 8a – paragraph 3: 3. The delegation of power referred to in Article 8(2), (3) and (6a) may be revoked at any time by the European Parliament and the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.

Added:- Directive 2010/75/EU of the European Parliament and of the Council**;

Change 2

Changed:- Council Directive 2006/118/EC91/271/EEC***;

Change 3

Removed:Article 2 – paragraph 1 – point 8, Article 8a – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added:- Council Directive 91/676/EEC****;

Removed:Directive 2006/118/EC

Added:- any other Union legislation relevant for addressing point source or difuse pollution.

Removed:Article 2 – paragraph 1 – point 8, Article 8a – paragraph 6: 6. A delegated act adopted pursuant to Article 8(2), (3) or (6a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Added:* Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).

Removed:Directive 2006/118/EC

Added:** Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17).

Removed:Article 2 – paragraph 1 – point 14, Annex IV – part B – point 1 – introductory part: the starting point for implementing measures to reverse significant and sustained upward trends, including seasonal upward trends caused, inter alia, by low discharge of a water body, will be when the concentration of the pollutant reaches 75 % of the parametric values of the groundwater quality standards set out in Annex I and of the threshold values referred to in Article 3(1), points (b) and (c), unless:.

Added:*** Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).

Removed:Directive 2008/105/EC

Added:**** Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, (OJ L 375, 31.12.1991, p. 1).;’

Removed:Article 3 – paragraph 1 – point 1 a (new), Article 1: (1a) Article 1 is amended as follows: / "Article 1 / This Directive lays down environmental quality standards (EQS) for priority substances and priority hazardous substances, with the aim of achieving good surface water chemical status and in accordance with the provisions and objectives of Article 4 of Directive 2000/60/EC."

Added:(b) paragraph 3 is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘3. Where a quality objective, quality standard or threshold, whether established pursuant to this Directive, to Directives 2006/118/EC or 2008/105/EC, or pursuant to any other Union legislation, requires stricter conditions than those which would result from the application of paragraph 2, more stringent emission controls shall be set accordingly.;’

Removed:Article 3 – paragraph 1 – point 3 – point a, Article 5 – paragraph 1 – subparagraph 1: On the basis of the information collected in accordance with Articles 5 and 8 of Directive 2000/60/EC, and with Regulation (EU).../... of the European Parliament and of the Council1a, and other available data, Member States shall establish an inventory, including maps, if available, of emissions, discharges and losses of all priority substances listed in Part A of Annex I to this Directive and all pollutants listed in Part A of Annex II to this Directive for each river basin district or part of a river basin district lying within their territory, including their concentrations in sediment and biota, as appropriate. / 1a OP: Please insert in the text the number of the Regulation contained in document COM(2022)0157

Added:(7a) Article 11(1) is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘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.’ [Am. 67]

Removed:Article 3 – paragraph 1 – point 3 – point a, Article 5 – paragraph 1 – subparagraph 1 a (new): The inventories of emissions shall be made available in an electronic database that is updated regularly and is easily accessible to the public.

Added:(7b) Article 11(3), point (c) is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘(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;’ [Am. 68]

Removed:Article 3 – paragraph 1 – point 3 – point a, Article 5 – paragraph 1 – subparagraph 2: deleted / (deleted)

Added:(8) in Article 11(3), point (k) is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘(k) measures to eliminate pollution of surface waters by priority hazardous substances and to progressively reduce pollution by other substances which would otherwise prevent Member States from achieving the environmental objectives for the bodies of surface waters set out in Article 4;;’

Removed:Article 3 – paragraph 1 – point 3 – point c, Article 5 – paragraph 4 – subparagraph 1: Member States shall update their inventories as part of the reviews of the analyses specified in Article 5(2) of Directive 2000/60/EC and shall ensure that the emissions, including those reported to the Industrial Emissions Portal established under Regulation (EU) .../…++, are published in their river basin management plans as updated in accordance with Article 13(7) of that Directive.

Added:(8a) Article 11(5), indent 2 is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘ — relevant permits and authorisations are examined and reviewed and, in duly justified cases, suspended, as appropriate,’ [Am. 69]

Removed:Article 3 – paragraph 1 – point 3 – point c, Article 5 – paragraph 4 – subparagraph 3: deleted

Added:(9) Article 12 is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘Article 12

Removed:Article 3 – paragraph 1 – point 4, Article 7a – paragraph 1: 1. For priority substances that fall within the scope of Regulation (EC) No 1907/2006, Regulation (EC) No 1107/2009, Regulation (EU) No 528/2012, Regulation (EU) 2019/6 of the European Parliament and of the Council*, or within the scope of Directive 2001/83/EC of the European Parliament and of the Council**, Directive 2009/128/EC of the European Parliament and of the Council*** or Directive 2010/75/EU, the Commission shall, every two years, assess whether the measures in place at Union and Member State level are sufficient to achieve the EQS for priority substances and the cessation or phasing-out objective for discharges, emissions and losses of priority hazardous substances in accordance with Article 4(1), point (a), of Directive 2000/60/EC.

Added:Issues which cannot be dealt with at Member State level

Removed:Directive 2008/105/EC

Added:1. Where a Member State identifies an issue which has an impact on the management of its water but cannot be resolved by that Member State, it shall notify the issue to the Commission and any other Member State concerned and make recommendations for the resolution of it.

Removed:Article 3 – paragraph 1 – point 4, Article 7a – paragraph 1 – subparagraph 1a (new): The hierarchy of measures to be taken shall prioritise restrictions and other control-at-source measures. In this regard, the Commission shall, where appropriate, present proposals to amend Union legal acts to ensure that discharges, emissions and losses of priority substances are halted at the source.

Added: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. [Am. 70]

Removed:Directive 2008/105/EC