Changes from adopted text to adopted text

Added2. The Member States concerned shall cooperate to identify the sources of the issues referred to in paragraph 1 and the measures required for addressing those issues.

RemovedArticle 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."

AddedMember States shall respond to each other in a timely manner, and no later than 32 months after notification by another Member State in accordance with paragraph 1. [Am. 71]

RemovedDirective 2008/105/EC

Added3. The Commission shall be informed of, and invited to assist in, any cooperation referred to in paragraph 2. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 13, consider whether further action needs to be taken at Union level in order to reduce the transboundary impacts on water bodies.;’

RemovedArticle 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.

Added(9a) in Article 13, the following paragraph is inserted:

RemovedDirective 2008/105/EC

Added‘4a. The Commission shall reject the river basin management plans presented by Member States when these plans do not include the elements listed in Annex VII.’ [Am. 72]

RemovedArticle 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:

Added(9b) The following Article is inserted :

RemovedDirective 2008/105/EC

Added‘Article 14a Access to justice

RemovedArticle 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;

Added1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that allege the impairment of a right, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions under this Directive concerning, inter alia:

RemovedDirective 2008/105/EC

Added(a) plans and projects which may be contrary to the requirements of Article 4, including to prevent the deterioration of the status of bodies of water and to achieve good water status, good ecological potential and/or good water chemical status, to the extent that those requirements are not already provided for under Article 11 of Directive 2011/92/EU;

RemovedArticle 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.

Added(b) programmes of measures referred to in Article 11, Member State river basin management plans referred to in Article 13(1) and supplementary Member State programmes or management plans referred to in Article 13(5).

RemovedDirective 2008/105/EC

Added2. Member States shall determine what constitutes a sufficient interest and the impairment of a right, in a manner that is consistent with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation that promotes environmental protection and meets the relevant requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.

RemovedArticle 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

Added3. The review procedures referred to in paragraph 1 shall be fair, equitable, and completed in a timely manner, and shall not be prohibitively expensive. Those procedures shall also involve the provision of adequate and effective redress, including injunctive relief where appropriate.

RemovedDirective 2008/105/EC

Added4. Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article."’ [Am. 73]

RemovedArticle 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].

Added(10) in Article 15, paragraph 3 is deleted; [Am. 74]

RemovedDirective 2008/105/EC

Added(10a) in Article 15(3) the following subparagraph is added:

RemovedArticle 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**.

Added‘The Commission shall adopt guidelines and templates concerning the content, structure and format of the interim reports referred to in the first subparagraph, no later than [six months after the entry into force of this Directive].’ [Am. 75]

RemovedDirective 2008/105/EC

Added(11) Articles 16 and 17 are deleted;

RemovedArticle 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.

Added(12) Article 18 is amended as follows:

RemovedDirective 2008/105/EC

Added(a) in paragraph 2, point (e) is replaced by the following:

RemovedArticle 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.

Added‘(e) a summary of any proposals, control measures and strategies to control chemical pollution or cease or phase out hazardous substances;;’

RemovedDirective 2008/105/EC

Added(b) paragraph 4 is deleted; [Am. 76]

RemovedArticle 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.

Added(13) Article 20 is replaced by the following:

RemovedDirective 2008/105/EC

Added‘Article 20

RemovedArticle 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.

AddedTechnical adaptations and implementation of this Directive

RemovedDirective 2008/105/EC

Added1. The Commission is empowered to adopt delegated acts in accordance with Article 20a to amend Annexes I and III and section 1.3.6 of Annex V in order to adapt the information requirements related to competent authorities, the content of the economic analysis and the selected monitoring standards, respectively, to scientific and technical progress.

RemovedArticle 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:

Added2. The Commission is empowered to adopt delegated acts in accordance with Article 20a to supplement this Directive by determining the values established for the Member State monitoring system classifications in accordance with the intercalibration procedure set out in point 1.4.1 of Annex V.

RemovedDirective 2008/105/EC

Added3. The Commission is empowered to adopt implementing acts to set out the technical formats for the transmission of the data referred to in Article 8(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). When establishing those formats, the Commission shall be assisted, where so required, by the EEA;’

RemovedArticle 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;

Added(14) the following Article 20a is inserted:

RemovedDirective 2008/105/EC

Added‘Article 20a

RemovedArticle 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.

AddedExercise of the delegation

RemovedDirective 2008/105/EC