Changes from report parliamentary committee draft to plenary report

AddedDirective 2008/105/EC

AddedArticle 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.

AddedDirective 2008/105/EC

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

AddedDirective 2008/105/EC

AddedArticle 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.

AddedDirective 2008/105/EC

AddedArticle 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.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 4 a (new), Article 7a – paragraph 2: (4 a) In Article 7a, paragraph 2 is replaced by the following: / "2. The Commission shall report to the European Parliament and to the Council on the outcome of the assessment referred to in paragraph 1 of this Article no later than six months after its assessment and shall accompany its report with any appropriate proposals including for control measures."

Added(02008L0105)

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 5, Article 8 – paragraph 1: 1. The Commission shall review, for the first time by … [OP: Please insert the date = four years after the date of entry into force of this Directive] and every four years thereafter, the list of priority substances and the corresponding EQS for those substances set out in Part A of Annex I and the list of pollutants set out in Part A of Annex II.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 5, Article 8 – paragraph 2 – introductory part: 2. Based on the review, the Commission shall, where appropriate, come forward with legislative proposals, having regard to the scientific reports prepared by the European Chemicals Agency (ECHA) pursuant to paragraph 6 of this Article, to amend Annex I in order to adapt it to scientific and technological progress by:

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 5, Article 8 – paragraph 4 – point a: (a) the risk posed by the pollutants, including their hazard, their environmental concentrations and the concentration above which effects might be expected, including their cumulative effects;

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 5, 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’. By 12 January 2026, the Commission shall adopt a delegated act in accordance with Article 9a amending this Directive by settting a quality standard for 'PFAS total' and amending Annex I accordingly.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 5, Article 8 – paragraph 6 b (new): 6b. By... [two years after the entry into force of this Directive], the Commission shall establish technical guidelines regarding methods of analysis for monitoring of bisphenols, including at least bisphenol-A, bisphenol-B and bisphenol-S, under the parameter ‘Bisphenols Total’. By... [three years after the entry into force of this Directive] the Commission shall adopt a delegated act in accordance with Article 9a amending this Directive by setting an EQS for ‘Bisphenols Total’ using a relative potency factor approach and amending Annex I accordingly

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 5, Article 8 – paragraph 7: 7. ECHA shall every four years prepare and make publicly available a report summarizing the findings of the scientific reports established under paragraph 6. 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].

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 6, Article 8a – paragraph 1– subparagraph 2: Member States shall present the extent of any deviation from the EQS value for the substances referred to in the first subparagraph, points (a), (b) and (c), in the river basin management plans produced in accordance with Article 13 of Directive 2000/60/EC. Member States providing additional maps as referred to in the first subparagraph shall seek to ensure their inter-comparability at river basin and Union level and shall make the data available in accordance with Directive 2003/4/EC, 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**.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 6, Article 8a – paragraph 2: 2. Member States may monitor substances identified in Part A of Annex I as substances behaving like ubiquitous PBTs and which are no longer authorised and used in the Union less intensively than is required for priority substances in accordance with Article 3(4) of this Directive and Annex V to Directive 2000/60/EC, provided that the monitoring is representative and a statistically robust baseline is available regarding the presence of those substances in the aquatic environment. As a guideline, in accordance with Article 3(6), second subparagraph, of this Directive, monitoring should take place every three years, unless technical knowledge and expert judgment justify another interval.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 6, Article 8a – paragraph 3 a (new): 3a. The Commission shall, within 12 months of the two-year period referred to in paragraph 3, publish a report on the reliability of the effect-based methods by comparing the effect-based results with the results obtained using the conventional methods for monitoring the three estrogenic substances listed in paragraph 3 in anticipation of a possible setting of effect-based trigger values in the future. / Once effect-based methods are ready to use also for other substances, the Commission shall be empowered to adopt delegated acts in accordance with Article 9a to supplement this Directive by adding a requirement for the Member States to use the effect-based methods, in parallel with conventional monitoring methods, to carry out monitoring to assess the presence of those substances in water bodies.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 7, Article 8b – paragraph 1 – subparagraph 2: The watch list shall contain a minimum of five substances or groups of substances of emerging concern selected from amongst those substances for which the information available, also in accordance with the fourth subparagraph, 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, except where the number of substances or groups of substances for which the information available indicates that they could pose a significant risk to, or via, the aquatic environment to be selected from is less than five, in which case the watch list shall contain all of those substances. / In addition to the minimum number of substances or group of substances, the watch list may also contain indicators of pollution. / The watch list shall specify the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs for the competent authorities.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 7, Article 8b – paragraph 1 – subparagraph 3: Suitable monitoring methods for micro-plastics and selected antimicrobial resistance genes shall be identified as soon as possible and no later than [the first day of the month following 18 months after the date of entry into force of this amending Directive]. As soon as those monitoring methods are identified, micro-plastics and selected antimicrobial resistance genes shall be included in the watch list in accordance with paragraph 2. The Commission shall also consider whether including sulfates, xanthates and non-relevant metabolites of pesticides (NrMs) in the watch list is necessary to improve availability of data on their presence with regard to the scope of this directive.

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 7, Article 8b – paragraph 1 – subparagraph 4 – introductory part: ECHA shall prepare scientific reports to assist the Commission in selecting the substances and indicators of pollution for the watch list, taking into account the following information:

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 7, Article 8b – paragraph 1 – subparagraph 4 – point e: (e) research projects and scientific publications and evidence, including information on trends and forecasts based on modelling or other predictive assessments, as well as information and data collected by remote sensing technologies, Earth observation (Copernicus services), in situ sensors and devices, or citizen science data, taking advantage of the opportunities presented by artificial intelligence and advanced data analysis and processing;

AddedDirective 2008/105/EC

AddedArticle 3 – paragraph 1 – point 7, Article 8b – paragraph 2: 2. The watch list shall be updated by X [OP please insert date = the last day of the twenty-third month after the date of entry into force of this Directive], and at the latest every 36 months thereafter or more frequently if new scientific evidence emerges that would necessitate updating the list in the period between individual reviews. / Member States shall evaluate every two years the impact on water quality of industrial activities related to the energy transition and inform the Commission of newly identified threats so that it may update the watch list accordingly. The evaluation shall be easily accessible to the public. / When updating the watch list, the Commission shall remove any substance from the existing watch list for which it considers it possible to assess its risk for the aquatic environment without additional monitoring data. When the watch list is updated, an individual substance or group of substances may be kept on the watch list for another period of maximum three years where additional monitoring data are needed to assess the risk to the aquatic environment. Each updated watch list shall also include one or more new substances for which the Commission considers, on the basis of the scientific reports of ECHA, that there is a risk for the aquatic environment.

AddedDirective 2008/105/EC

AddedArticle 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.

AddedDirective 2008/105/EC

AddedArticle 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.’

AddedDirective 2008/105/EC

AddedArticle 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.”

AddedDirective 2008/105/EC

AddedArticle 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.

AddedIt is important that adequate measuring tools are used.

AddedDirective 2008/105/EC

AddedArticle 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 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(02008L0105)

AddedDirective 2008/105/EC

AddedArticle 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 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(02008L0105)

AddedDirective 2008/105/EC

AddedArticle 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."

AddedDirective 2008/105/EC

AddedArticle 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 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(02008L0105)

AddedDirective 2000/60/EC