Deal on reducing pollution in EU groundwater and surface waters

Updated lists of pollutants that need to be monitored and controlled

Watch lists of substances of emerging concern

New legislation is part of EU’s zero pollution ambition by 2050

On Tuesday evening, Parliament and Council reached a provisional agreement on reducing groundwater and surface waters pollution and improving EU water quality standards.

For groundwater, negotiators agreed to expand the list of substances for which environmental quality standards (threshold values) apply to include PFAS (per- and polyfluoroalkyl substances, also known as “forever chemicals”), certain pharmaceuticals and industrial substances and non-relevant metabolites of pesticides. The deal also foresees the creation of a watch list (substances of potential concern subject to monitoring for possible introduction to the list of pollutants).

According to the deal, the list of priority substances in surface waters for which threshold values apply would be significantly increased compared to the current legislation, with PFAS (including trifluoroacetic acid or TFA), newly added pharmaceuticals (such as diclofenac and ibuprofen), industrial substances (bisphenol-A) and pesticides (glyphosate).

Following scientific reports prepared by ECHA, microplastics and indicators of antimicrobial resistance are to be included in the watch lists, if reliable methods of sampling and analysis not entailing excessive costs are available.

Better management of monitoring requirements

Negotiators agreed for the Commission to assess options for the establishment, financing and functioning an EU “joint monitoring facility” to help ease member states’ financial and administrative burdens. The report, due 18 months after the entry into force of the directive, should be followed, if appropriate, by a legislative proposal establishing the facility.

Evaluating the feasibility of extended producer responsibility

Three years after the entry into force of the new rules, the Commission must assess the possibility to include an extended producer responsibility mechanism, that would require producers of substances listed to contribute to the costs of monitoring programmes.

Access to justice

At Parliament’s initiative, the text will specifically mention the obligation for member states to ensure access to administrative and judicial review procedures for citizens and non-governmental organisations, to be able to challenge environmental measures violations (in line with the Aarhus Convention).

Quote

After the vote, rapporteur Javi López (S&D, ES) said: “Europe is facing a water crisis, with droughts, floods and chemical pollution putting increasing pressure on our resources. This agreement gives us stronger tools to respond: updated pollutant standards, the inclusion of new substances, better monitoring and reporting of data, and a stronger focus on emerging pollutants. Our compromise reached with the Council, on elements such as time extensions and exemptions, ensures the Directive's objectives are not undermined. It is a decisive step towards cleaner water, healthier ecosystems and the protection of human health across the Union.”

Next steps

Parliament and Council have concluded an "early second reading agreement" (negotiation took place after the EP first reading was adopted in plenary). The Council is now expected to formally adopt its position, which can then be endorsed by the EP in second reading.

Background

In line with the European Green Deal’s zero pollution ambition, the Commission tabled in October 2022 a proposal to revise the lists of surface water and groundwater pollutants that need to be monitored and controlled to protect the EU’s freshwater bodies. The new legislation updates the Water Framework Directive, the Groundwater Directive and the Environmental Quality Standards Directive (Surface Water Directive).