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

Added:1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed:Article 3 – paragraph 1 – point 7, Article 8b – paragraph 3 – subparagraph 3: In selecting the representative monitoring stations, the monitoring frequency and the seasonal timing for each substance or group of substances, Member States shall take into account the use patterns and possible occurrence of the substance or group of substances. The monitoring frequency shall be no less than twice per year. The frequency shall be higher, as set out in the implementing act establishing the watch list adopted pursuant to paragraph 1, for substances that are sensitive to climatic variations, including rainfall, and for substances whose concentration is likely to peak over short periods as a result of seasonal fluctuations in the use of those substances.

Added:2. The power to adopt delegated acts referred to in Article 20(1) shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = the date of entry into force of this Directive].

Removed:Directive 2008/105/EC

Added:3. The delegation of power referred to in Article 20(1) may be revoked at any time by the European Parliament and by 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.

Removed:Article 3 – paragraph 1 – point 7 a (new), Article 8b a (new): (7a) The following Article 8ba is inserted : / ‘Article 8ba / No later than... [one year after the date of entry into force of this Directive], the Commission shall present an impact assessment examining the inclusion in this Directive of an extended producer responsibility mechanism which ensures that producers that place on the market products containing any of the substances or compounds listed in Annex I, as well as substances of emerging concern included in the watch list under this Directive, contribute to the costs for monitoring programmes designed under Article 8 of Directive 2000/60/EC. The impact assessment shall be accompanied, where appropriate, by a legislative proposal to revise this Directive.’

Added: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 on Better Law-Making of 13 April 2016.

Removed:Directive 2008/105/EC

Added:5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed:Article 3 – paragraph 1 – point 7 b (new), Article 8b b (new): (7b) The following Article is inserted: / “Article 8bb / European monitoring facility / The Commission shall by... [one year after the date of entry into force of this Directive], set up a joint monitoring facility for managing the monitoring requirements when so requested by the Member States. / The Commission shall define the functioning of the monitoring facility, which shall cover, inter alia, the following: / (a) the voluntary nature of the use of the monitoring facility, which shall be without prejudice to arrangements already put in place by the Member States; / (b) the operational procedures for Member States that intend to make use of the monitoring facility, which shall, inter alia, include the required notification to the Commission, their exact monitoring needs or capabilities, the exact protocols for samples management, as well as the length of time they intend to remain part of the mechanism; / (c) the sources of funding, which may include relevant Union structural funds and programmes, as well as contributions from the private sector, including under the extended producer responsibility mechanism, once put in place in accordance with Article 8ba.”

Added:6. A delegated act adopted pursuant to Article 20(1) 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.;’

Removed:Directive 2008/105/EC

Added:(15) Article 21 is replaced by the following:

Removed:Article 3 – paragraph 1 – point 8, Article 8d – paragraph 3 a (new): 3a. In setting and applying for EQS for the river basin specific pollutants, Member States may take into account metal bioavailablility.

Added:‘Article 21

Removed:Directive 2008/105/EC

Added:Committee procedure

Removed:Article 3 – paragraph 1 – point 8 a (new), Article 9a – paragraph 2: (8 a) In Article 9a, paragraph 2 is amended as follows: / "2. The power to adopt delegated acts referred to in Article 3(8), Article 8(3), (6a), (6b) and Article 8a(3a) shall be conferred on the Commission for a period of 6 years from [OP please insert the date = the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power at the latest 9 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:1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

Removed:Directive 2008/105/EC

Added:2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Removed:Article 3 – paragraph 1 – point 8 b (new), Article 9a – paragraph 3: (8b) In Article 9a, paragraph 3 is amended as follows: / "3. The delegation of power referred to in Article 3(8), Article 8(3), (6a), (6b) and Article 8a(3a) may be revoked at any time by the European Parliament or by 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 any delegated acts already in force."

Added:Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

Removed:Directive 2008/105/EC

Added:* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).;’

Removed:Article 3 – paragraph 1 – point 8 c (new), Article 9a – paragraph 3 a (new): (8c) In Article 9a, paragraph 3a is inserted: / "3a. 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:(16) in Article 22, paragraph 4 is replaced by the following:

Removed:Directive 2008/105/EC

Added:‘4. The environmental objectives in Article 4, the environmental quality standards set out in Part A of Annex I to Directive 2008/105/EC and the thresholds for river basin specific pollutants established pursuant to Articles 8 and 8d of that Directive shall be regarded as environmental quality standards for the purposes of Directive 2010/75/EU.;’

Removed:Article 3 – paragraph 1 – point 8 d (new), Article 9a – paragraph 5: (8d) In Article 9a, paragraph 5 is amended as follows: / "5. A delegated act adopted pursuant to Article 3(8), Article 8(3), (6a), (6b) or Article 8a(3a) shall enter into force only if no objection has been expressed either by the European Parliament or 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:(17) Annex V is amended in accordance with Annex I to this Directive;

Removed:Directive 2000/60/EC

Added:(18) in Part A of Annex VII, point 7.7. is replaced by the following:

Removed:Annex I – paragraph 1 – point 10 a (new), Annex V – point 1.3.4. – paragraph 4: (10a) In point 1.3.4, paragraph 4 is amended as follows: / "Monitoring frequencies shall be selected, and increased if necessary, to take account of the variability in parameters resulting from both natural and anthropogenic conditions. Furthermore, the times at which monitoring is undertaken shall be selected so as to take account of the impact on the status assessment of seasonal fluctuations in substance use and of variation in water levels and thus ensure that the results reflect changes in the water body caused by anthropogenic pressure and by climatic variation. As regards priority substances that are sensitive to climatic variations and priority substances whose concentration is likely to peak over short periods as a result of seasonal fluctuations in the use of these substances, the monitoring shall be carried out more frequently than for other substances."

Added:‘7.7. a summary of the measures taken to reduce the emissions of priority substances and to phase out the emissions of priority hazardous substances;;’

Removed:Directive 2000/60/EC

Added:(18a) In Annex VII, Part A, the following point is inserted:

Removed:Annex I – paragraph 1 – point 18, Annex V – point 2.4.5 – subparagraph 4: Member States shall also indicate by a black dot on the map, those groundwater bodies which are subject to significant and sustained upward trends, including seasonal upward trends caused, inter alia, by a low discharge of a water body, in the concentrations of any pollutant resulting from the impact of human activity. Reversal of a trend shall be indicated by a blue dot on the map.

Added:‘ 7.7a. a summary of the measures taken to digitise the monitoring aspects of the water sector;’ [Am. 77]

Removed:Directive 2000/60/EC

Added:(19) Annex VIII is amended in accordance with Annex II to this Directive;

Removed:Annex II – paragraph 1 – point 1, Annex VIII – point 10: 10. Materials in suspension, including micro/nanoplastics, as well as materials known to give rise to micro- or nanoplastics;

Added:(20) Annex X isAnnexes IX and X are deleted. [Am. 78]

Change 4

Changed:Article 2 Amendments to Directive 2006/118/EC

Change 5

Removed:Annex III, Annex I – introductory part: Note 1: The QS for the pollutants listed under entries 3 to 7 shall apply from … [OP: please insert the date = the first day of the month following 6 months after the entry into force of this amending Directive], with the aim of achieving good water chemical status at the latest by 22 December 2033.

Added:Directive 2006/118/EC is amended as follows:

Removed:Directive 2006/118/EC

Added:(1) the title is replaced by the following:

Removed:Annex III, Annex I – paragraph 1 a (new): Where, for a given body of groundwater, in particular one situated in the ecological network of special areas of conservation under Council Directive 92/43/EEC, it is considered that the groundwater quality standards could result in a failure to achieve the environmental objectives specified in Article 4 of Directive 2000/60/EC for associated bodies of surface water, or in any significant deterioration of the ecological or chemical quality of such bodies, or in any significant damage to groundwater or terrestrial ecosystems which depend directly on that body of groundwater, more stringent threshold values shall be established in accordance with Article 3 and Annex II to this Directive. 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:‘Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the prevention and control of groundwater pollution;’

Removed:Directive 2006/118/EC

Added:(2) in Article 1, paragraph 1 is replaced by the following:

Removed:Directive 2006/118/EC

Added:‘1. This Directive establishes specific measures to prevent and control groundwater pollution with the aim of achieving the environmental objectives set out in Article 4(1), point (b), of Directive 2000/60/EC. The hierarchy of measures to be taken shall prioritise restrictions and other control-at-source measures, without prejudice to the importance of end-of-pipe measures, where appropriate. Those measures include the following: [Am. 79]

Removed:Directive 2006/118/EC

Added:(a) criteria for the assessment of good groundwater chemical status;

Removed:Directive 2006/118/EC

Added:(b) criteria for the identification and reversal of significant and sustained upward trends and for the definition of starting points for trend reversals.;

Removed:Directive 2006/118/EC

Added:(ba) criteria for assessing the good ecological status of groundwater.’ [Am. 80]