Changes from adopted text to adopted text

Removed5. Priority substances which have, as a result of the review referred to in paragraph 1, been removed from the list of priority substances because they are no longer posing a Union-wide risk, shall be included in Part C of Annex II, listing the river basin specific pollutants and related harmonised EQS which are to be implemented where the pollutants are of national or regional concern, in accordance with Article 8d.

Removed6. For the purpose of assisting the Commission with regard to the review of Annexes I and II, ECHA shall prepare scientific reports. Those scientific reports shall take account of the following:

Removed(a) the opinions of the Committee for Risk Assessment and the Committee for Socio-Economic Analysis of ECHA;

Removed(b) the results of the monitoring programmes established in accordance with Article 8 of Directive 2000/60/EC;

Removed(c) the monitoring data collected in accordance with Article 8b(4) of this Directive;

Removed(d) the outcome of the reviews of the Annexes to Directive 2006/118/EC of the European Parliament and of the Council* and Directive (EU) 2020/2184 of the European Parliament and of the Council**;

Removed(e) requirements to address soil pollution, including related monitoring data;

Removed(f) Union research programmes and scientific publications, including information resulting from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, and/or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing;

Removed(g) comments and information from relevant stakeholders.

Removed6a. 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. [Am. 120]

Removed6b. 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. [Am. 121]

Removed7. ECHA shall every sixfour 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 = fivethree years after the date of entry into force of this Directive]. [Am. 122]

Removed* Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the prevention and control of groundwater pollution (OJ L 372, 27.12.2006, p. 19).

Removed** Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1).’; ’

Removed(6) Article 8a is replaced by the following:

Removed‘Article 8a

RemovedSpecific provisions for certain substances

Removed1. In the river basin management plans produced in accordance with Article 13 of Directive 2000/60/EC, without prejudice to the requirements of Section 1.4.3 of Annex V to that Directive regarding the presentation of the overall chemical status and the objectives and obligations laid down in Article 4(1), point (a), of that Directive, Member States may provide additional maps that present the chemical status information for one or more of the following substances separately from the information for the rest of the substances identified in Part A of Annex I to this Directive:

Removed(a) substances identified in Part A of Annex I as substances behaving like ubiquitous PBTs;

Removed(b) substances newly identified in the latest review in accordance with Article 8;

Removed(c) substances for which a stricter EQS has been set in the latest review in accordance with Article 8.

RemovedMember States mayshall 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**. [Am. 123]

Removed2. 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. [Am. 124]

Removed3. Member States shall, from … [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], for a period of two years, monitor the presence of estrogenic substances in water bodies, using effect-based monitoring methods. They shall conduct the monitoring at least four times during each of the two years at locations where the three estrogenic hormones 7-Beta estradiol (E2), Estrone (E1) and Alpha-Ethinyl estradiol (EE2) listed in Part A to Annex I to this Directive, are being monitored using conventional analytical methods in accordance with Article 8 of Directive 2000/60/EC and Annex V to that Directive. Member States may use the network of monitoring sites identified for the surveillance monitoring of representative surface water bodies in accordance with point 1.3.1 of Annex V to Directive 2000/60/EC.

Removed3a. 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.

RemovedOnce 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. [Am. 125]

Removed* Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), OJ L 108, 25.4.2007, p. 1).

Removed** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, OJ L 172, 26.6.2019, p. 56).;’

Removed(7) Article 8b is replaced by the following:

Removed’Article 8b

RemovedWatch list

Removed1. The Commission is empowered to adopt implementing acts to establish, having regard to scientific reports prepared by ECHA, a watch list of substances for which it is necessary to gather Union wide monitoring data from the Member States and to lay down the formats to be used by the Member States for reporting the results of that monitoring and related information to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).

RemovedThe watch list shall contain a maximum of 10minimum of five substances or groups of substances at any one time, and 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 indicate contain all of those substances.

RemovedIn addition to the minimum number of substances or group of substances, the watch list may also contain indicators of pollution.

RemovedThe 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. The substances to be included in the watch list shall be selected from amongst the substances for which the information available indicates that they may pose a significant risk at Union level to, or via, the aquatic environment and for which monitoring data are insufficient. The watch list shall include substances of emerging concern. [Am. 126]

RemovedAs soon as Suitable monitoring methods for micro-plastics and selected antimicrobial resistance genes have beenshall 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, those substancesmicro-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. [Am. 127]

RemovedECHA 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: [Am. 128]

Removed(a) the results of the most recent regular review of Annex I to this Directive;

Removed(b) recommendations from the stakeholders referred to in Article 8 of Directive 2008/105/EC;

Removed(c) Member States’ characterisation of river basin districts in accordance with Article 5 of Directive 2000/60/EC and the results of monitoring programmes established in accordance with Article 8 of that Directive;

Removed(d) information on production volumes, use patterns, intrinsic properties (including, where relevant, particle size), concentrations in the environment and adverse effects to human health and the aquatic environment of a substance, including information gathered in accordance with Regulation (EC) No 1907/2006, Regulation (EC) No 1107/2009, Regulation (EU) No 528/2012, Regulation (EU) 2019/6, Directive 2001/83/EC and Directive 2009/128/EC;

Removed(e) research projects and scientific publications and evidence, including information on trends and predictionsforecasts based on modelling or other predictive assessments and data and, as well as information fromand data collected by remote sensing technologies, Earth observation (Copernicus services), in-situin situ sensors and devices, or citizen science data, leveragingtaking advantage of the opportunities offeredpresented by artificial intelligence, and advanced data analysis and processing.; [Am. 129]

RemovedECHA shall every three years prepare a report summarizing the findings of the scientific reports established under the fourth subparagraph and shall make that report publicly available. The first ECHA report shall be made available by … [OP: please insert the date = first day of the twenty first month after the date of entry into force of this Directive].

Removed2. The watch list shall be updated by X [OP please insert date = the last day of the twentythirdtwenty-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.

RemovedMember 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.

RemovedWhen 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. [Am. 130]

Removed3. Member States shall monitor each substance or group of substances in the watch list at selected representative monitoring stations over a 24-month period. The monitoring period shall commence within six months of the inclusion of the substance in the list.

RemovedEach Member State shall select at least one monitoring station, plus one station if it has more than one million inhabitants, plus the number of stations equal to its geographical area in km2 divided by 60 000 (rounded to the nearest integer), plus the number of stations equal to its population divided by five million (rounded to the nearest integer).

RemovedIn 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 frequency of monitoring frequency shall be no less than twice per year, except for substances that are sensitive to climatic or seasonal variabilities, for which the monitoring. The frequency shall be carried out more frequentlyhigher, 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. [Am. 131]

RemovedWhere a Member State is able to generate and provide the Commission with sufficient, comparable, representative and recent monitoring data for a particular substance or group of substances from existing monitoring programmes or studies, it may decide not to undertake additional monitoring under the watch list mechanism for that substance or group of substances, provided that the substance or group of substances was monitored using a methodology that is compliant with the monitoring matrices and the methods of analysis referred to in the implementing act establishing the watch list, as well as with Directive 2009/90/EC*.

Removed4. Member States shall make available the results of the monitoring referred to in paragraph 3 of this Article in accordance with Article 8(4) of Directive 2000/60/EC and with the implementing act establishing the watch list adopted pursuant to paragraph 1. They shall also make available information on the representativeness of the monitoring stations and on the monitoring strategy.

Removed5. ECHA shall review the monitoring results at the end of the 24-month period referred to in paragraph 3 and assess which substances or groups of substances need to be monitored for another 24-month period and therefore are to be kept in the watch list and which substances or groups of substances can be removed from the watch list.

RemovedWhere the Commission, having regard to the assessment by ECHA referred to in the first subparagraph,, concludes that no further monitoring is required to further assess the risk to the aquatic environment, this assessment shall be taken into account in the review of Annex I or II referred to in Article 8.’

Removed* Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status (OJ L 201, 1.8.2009, p. 36).;’

Removed(7a) The following Article 8ba is inserted:

Removed‘Article 8ba

RemovedNo 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.’’ [Am. 132]

Removed(7b) The following Article is inserted:

Removed‘Article 8bb European monitoring facility

RemovedThe 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.