Sittings · Document

Draft report (COM(2022)0540 – C90361/2022 – 2022/0344(COD)) 2023-04-04

On the proposal for a directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy

Committee on the Environment, Public Health and Food Safety

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Amendment 321

Milan Brglez

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 4

Text proposed by the Commission

Active substances in pesticides, including their relevant metabolites, degradation and reaction products (4)

Pesticides

not applicable

0,1 (individual)

0,5 (total) (5)

______________________

(5) ‘Total’ means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products.

Amendment

Active substances in pesticides, including their relevant metabolites, degradation and reaction products (4)

Pesticides

not applicable

0,05 (individual) (4a)

0,25 (total) (5)

______________________

(4a) This threshold value shall only apply pending the Commission’s review.

(5) ‘Total’ means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products. The threshold value set for the sum of all individual pesticides shall only apply pending the Commission’s review.

Or. en

Justification

Setting interim threshold values for pesticides found in groundwater considering that the current ones are based on the chemical-analytical methods deployed in the 1980s, while asking the Commission to review these threshold values by applying modern analytical methods and against the best available toxicological knowledge.

Amendment 322

Ulrike Müller

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 4

Text proposed by the Commission

Active substances in pesticides, including their relevant metabolites, degradation and reaction products (4)

Pesticides

not applicable

0,1 (individual)

0,5 (total) (5)

Amendment

Active substances in pesticides, including their relevant metabolites, degradation and reaction products (4)

Pesticides

not applicable

0,1 (individual) (12a)

0,5 (total) (5) (12a)

(12a) For freshwater used for the abstraction and preparation of drinking water.

Or. en

Justification

The individual and total limit value for active substances is derived from quality standards for drinking water under Directive (EU) 2020/2184. As quality standards for drinking water should have the relatively highest level in relation to other water quality standards, it is not apparent why the same standard should apply to all water bodies. Therefore and to comply with the risk management approach defined by Article 8 (4) of the Drinking Water Directive, the limit value should only apply to water bodies used for the abstraction and preparation of drinking water.

Amendment 323

Marina Mesure

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 5a (new)

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

[Entry] No

Name of substance

Category of substances

CAS number (1)

EU number (2)

Quality Standard (3)

[µg/l unless otherwise indicated]

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

[Entry] No

Name of substance

Category of substances

CAS number (1)

EU number (2)

Quality Standard (3)

[µg/l unless otherwise indicated]

PFAS - total

Industrial substances

not applicable

(7a)

______________________

(7a) The quality standard will be set by the Commission by delegated act.

Or. en

Justification

It’s imperative to establish a quality standard for all PFAS, as emphasized in the drinking water directive. This necessitates including PFAS total in Annex 1. The Commission must determine the actual quality standard through a delegated act.

Amendment 324

Ville Niinistö

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 5a (new)

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

[Entry] No

Name of substance

Category of substances

CAS number (1)

EU number (2)

Quality Standard (3)

[µg/l unless otherwise indicated]

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

[Entry] No

Name of substance

Category of substances

CAS number (1)

EU number (2)

Quality Standard (3)

[µg/l unless otherwise indicated]

PFAS - total

Industrial substances

not applicable

(7a)

______________________

(7a) The quality standard will be set by the Commission by delegated act.

Or. en

Justification

There is a total of more than 10 000 known PFAS substances. It is thus not enough to only set a quality standard for 24 PFAS - a quality standard should also be set for all PFAS. This is also the case in the drinking water directive. PFAS total should therefore already be included in Annex I. The actual quality standard should be set by the Commission via delegated act.

Amendment 325

Ville Niinistö

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 6

Text proposed by the Commission

Carbamazepine

Pharmaceuticals

298-46-4

not applicable

0,25

Amendment

Carbamazepine

Pharmaceuticals

298-46-4

not applicable

0,025

Or. en

Justification

It is not appropriate to set the same quality standard for groundwater as for surface waters. In general, the quality standard for groundwater should be ten times lower as for surface water. As the EQS for carbamazepine in surface water has been set at 0,25 µg/l, the quality standard for carbamazepine in groundwater should be set at 0,025 µg/l.

Amendment 326

Ville Niinistö

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 8

Text proposed by the Commission

Pharmaceutical active substances – total (8)

Pharmaceuticals

not applicable

0,25

Amendment

Pharmaceutical active substances – total (8)

Pharmaceuticals

not applicable

0,025

Or. en

Justification

It is not appropriate to set the same quality standard for groundwater as for surface waters. In general, the quality standard for groundwater should be ten times lower as for surface water. As the EQS for Pharmaceutical active substances – total in surface water has been set at 0,25 µg/l, the quality standard for Pharmaceutical active substances – total in groundwater should be set at 0,025 µg/l.

Amendment 327

Ulrike Müller

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 9

Text proposed by the Commission

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1 (9) or 1 (10) or 2,5 or 5 (11) (individual)

0,5 (9) or 5 (10) or 12,5 (11) (total) (12)

______________________

(9) Applicable to ‘data-poor’ nrMs, i.e. nrMs for which no reliable experimental data on chronic or acute effects of the nrM are available on the taxonomic group confidently predicted to be the most sensitive.

(10) Applicable to ‘data-fair’ nrMs, i.e. nrMs for which reliable experimental data on chronic or acute effects of the nrM are available on the taxonomic group confidently predicted to be the most sensitive, but where the data are insufficient to qualify the substances as ‘data-rich’.

(11) Applicable to ‘data-rich’ nrMs, i.e. nrMs for which reliable experimental data, or equally reliable data obtained by alternative scientifically validated methods, are available on chronic or acute effects of the nrM on at least one species each of algae, of invertebrates, and of fish, allowing the most-sensitive taxonomic group to be confidently confirmed, and for which a QS can be calculated using a deterministic approach based on reliable chronic experimental toxicity data on that taxonomic group; Member States may apply for this purpose the latest guidance established in the framework of the Common Implementation Strategy for Directive 2000/60/EC (Guidance document No. 27, as updated). The QS of 2,5 for individual nrMs shall apply unless the QS calculated by the deterministic approach is higher, in which case a QS of 5 shall apply.

(12) ‘Total’ means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.

Amendment

deleted

Or. en

Justification

For non-relevant metabolites of pesticides, the Drinking Water Directive does not set limit values. For the above-mentioned reasons, it is not appropriate to set limit values for ground water. Instead, the Commission should consider adding NrMs to the watch lists to be established under Article 2(6) and Article 3(7) of the proposal.

Amendment 328

Marina Mesure

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 9

Text proposed by the Commission

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1 (9) or 1 (10) or 2,5 or 5 (11) (individual)

0,5 (9) or 5 (10) or 12,5 (11) (total) (12)

______________________

(12) ‘Total’ means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.

Amendment

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1

0,5

Or. en

Justification

The separation between ‘data poor’, ‘data fair’ and ‘data rich’ nrMs is unclear of the procedure that would apply in case data for ‘data rich’ or ‘data fair’ nrMs points to toxicity for aquatic life or human health. In practice this would mean that a more lenient groundwater threshold could be used if there is reliable experimental data showing it is highly toxic for aquatic life. We favour a precautionary approach that as a minimum sets 0.1 µg/ L as a threshold for individual nrMs.

Amendment 329

Róża Thun und Hohenstein, Martin Hojsík

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 9

Text proposed by the Commission

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1 (9) or 1 (10) or 2,5 or 5 (11) (individual)

0,5 (9) or 5 (10) or 12,5 (11) (total) (12)

______________________

(12) ‘Total’ means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.

Amendment

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1 (individual)

0,5 (total) (12)

______________________

(12) ‘Total’ means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.

Or. en

Justification

As the SCHEER Committee recently argued, it is unclear why four numerical values are suggested for three nrM classes. The separation between ‘data poor’, ‘data fair’ and ‘data rich’ nrMs brings inconsistency about the procedure that would apply. It is also unclear why the QS for a data-rich nrM should be increased (indicating a lower hazard), even if it would be empirically demonstrated for the nrM in question that it is highly toxic. A precautionary approach is therefore required.

Amendment 330

Ville Niinistö

Proposal for a regulation

Annex III

Directive 2006/118/EC

Annex I – table – row 9

Text proposed by the Commission

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1 (9) or 1 (10) or 2,5 or 5 (11) (individual)

0,5 (9) or 5 (10) or 12,5 (11) (total) (12)

______________________

(12) ‘Total’ means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.

Amendment

Non-relevant metabolites of pesticides (nrMs)

Pesticides

not applicable

0,1 (individual)

0,5 (total) (12)

______________________

(12) ‘Total’ means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.

Or. en

Justification

The Commission proposal would allow a more lenient threshold in case of data rich substances. This could lead to more lenient limit values for very toxic substances. A precautionary approach should be taken with a general limit of 0,1 for individual and 0,5 for the total of non-relevant metabolites of pesticides.

Amendment 331

Milan Brglez

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 5

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(3)

Atrazine

Herbicides

1912-24-9

217-617-8

0,6

2,0

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(3)

Atrazine

Herbicides

1912-24-9

217-617-8

0,1

2,0

Or. en

Justification

Change of threshold values in surface waters for atrazine, a plant protection product (no longer authorized in the EU) with proven negative impacts on human health, in order to ensure the threshold values for this substance do not exceed the values for the total of plant protection products.

Amendment 332

Ville Niinistö

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 5

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(3)

Atrazine

Herbicides

1912-24-9

217-617-8

0,6

2,0

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(3)

Atrazine

Herbicides

1912-24-9

217-617-8

0,1

0,01

2,0

Or. en

Justification

The EQS for atrazin lies above the level of 0,5 µg/l for total active substances in pesticides (see point 70 of the Annex). The level of atrazin should be lowered to 0,1 µg/l in surface waters and to 0,01 µg/l in other waters.

Amendment 333

Massimiliano Salini, Maria Spyraki

Proposal for a directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 25

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(23)

Nickel and its compounds

Metals

7440020

231-111-4

2 (12)

3,1

8,2

8.2

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(23)

Nickel and its compounds

Metals

7440020

231-111-4

4 (12)

8,6

Or. en

Justification

The nickel EQS was already revised and made more stringent under the last update of the EQS Directive adopted by the EU in 2013. At that time, the surface nickel EQS was reduced from 20 µg Ni/L to 4 µg Ni/L (bioavailable), setting a state-of-the-science and protective standard for European waters. Evidence suggests that actual risks of nickel to acquatic ecosystem are low and the existing standard when properly implemented is protective. Rather than a revision, the EU’s focus should be on supporting Member States in the correct implementation of the existing nickel EQS standards set by Directive 2013/39/EU

Amendment 334

Marina Mesure

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 62

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(60)

Glyphosate

Herbicides

1071-83-6

213-997-4

0,1 (25)

86,7 (26)

8,67

398,6

39,86

______________________

(25) For freshwater used for the abstraction and preparation of drinking water.

(26) For freshwater not used for the abstraction and preparation of drinking water.

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(60)

Glyphosate

Herbicides

1071-83-6

213-997-4

0,1

0,01

0,1

0,01

Or. en

Justification

The MAC-EQS inland surface water for glyphosate should be set to the individual pesticide threshold of the Drinking Water Directive to ensure proper protection of human health as well as to minimise treatment costs to meet drinking water standards. The MAC-EQS for glyphosate in ‘other surface water’ could be set one order of magnitude lower, following the Commission’s proposal.

Amendment 335

Martin Hojsík, Róża Thun und Hohenstein

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 62

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(60)

Glyphosate

Herbicides

1071-83-6

213-997-4

0,1 (25)

86,7 (26)

8,67

398,6

39,86

______________________

(25) For freshwater used for the abstraction and preparation of drinking water.

(26) For freshwater not used for the abstraction and preparation of drinking water.

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(60)

Glyphosate

Herbicides

1071-83-6

213-997-4

0,1

0,01

398,6

39,86

Or. en

Justification

The AA-EQS for surface water for glyphosate should be set lower to ensure proper protection of human health as well as to minimise treatment costs to meet.

Amendment 336

Marina Mesure

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 72 a new

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

70a

Bisphenols

Industrial chemicals

not applicable

______________________

*The quality standards will be set by the Commission by delegated act.

Or. en

Justification

The various types of Bisphenols are all problematic, and rpalcing one with another is counterproductive. It is necessary that the whole group of Bisphenols is assessed, with EQS that will be determined by the Commission once enough data is available.

Amendment 337

Ville Niinistö

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 72 a new

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

70a

Bisphenols

Industrial chemicals

not applicable

______________________

*The quality standards will be set by the Commission by delegated act.

Or. en

Justification

Bisphenols are a well-known case for "regrettable substitution": one bisphenol gets replaced with another - e.g. Bisphenol A with Bisphenol S. There are many Bisphenols and their properties are similar. It is therefore important that the whole group of Bisphenols is already added to the Annex of priority substances. The Commission should then set the EQS when methods for analysis are available.

Amendment 338

Marina Mesure

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 72 b new

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

70b

PFAS - total

Industrial chemicals

not applicable

______________________

*The quality standards will be set by the Commission by delegated act.

Or. en

Justification

The long-lasting pollution caused by PFAS is common to every one of the more than 10 000 substance that form the chemical group, which is why only listing 24 of them is not enough to ensure high standards water quality. As set in the Drinking Water Directive, there should be an EQS for total PFAs, with a threshold set by the Commission once enough data is available.

Amendment 339

Ville Niinistö

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 72 b new

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

70b

PFAS - total

Industrial chemicals

not applicable

______________________

*The quality standards will be set by the Commission by delegated act.

Or. en

Justification

PFAS comprise a total of 10 000 substances. All of them are likely to be highly problematic because of their persistence. It is not good enough to include only 24 of them as priority substances. The Drinking Water Directive already includes a quality standard for PFAS total. The same should be done for surface and other waters. As soon as a method for their measurement has been established, Commission should amend Annex I to set the actual quality standard.

Amendment 340

Marina Mesure

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 72 c new

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

70c

Pharmaceutical active substances - total

Pharmaceuticals

not applicable

0,25

0,025

Or. en

Justification

Similarly, to the PFAS total EQS, a threshold for total pharmaceutical active substances should be set, as there is also a large variety of substances that affect water quality. We welcome the Commission proposal to implement one for groundwater, but it should also be set for surface water and broadly to all water bodies.

Amendment 341

Ville Niinistö

Proposal for a Directive

Annex V – paragraph 1 – point 2

Directive 2008/105/EC

Annex I – table – row 72 c new

Text proposed by the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Amendment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

70c

Pharmaceutical active substances - total

Pharmaceuticals

not applicable

0,25

0,025

Or. en

Justification

A quality standard for pharmaceutical active substances - total is proposed by the Commission for groundwater. Such a standard should also be set for surface and other waters.