Better protection of surface and groundwater to strengthen EU water resilience

This article is brought to you in association with the European Commission.

The Commission welcomes the provisional political agreement reached yesterday between the European Parliament and the Council on the Commission proposal to update the lists of water pollutants. This revision ensures that the lists of water pollutants will be aligned with the latest scientific advice and that new substances will be monitored and more strictly controlled in surface waters and groundwater. Three pieces of EU legislation will be adapted accordingly: the Water Framework Directive, the Environmental Quality Standard Directive and the Groundwater Directive. The new measures will make the EU more water resilient and mark an important contribution towards its zero-pollution ambition.

New substances added to lists of water pollutants

New substances with well-documented harmful effects on the environment and human health will be added to the lists of water pollutants. These include:

• A strict new EU-wide quality standard for the sum of 25 PFAS (“forever chemicals) in surface waters, including trifluoroacetic acid (TFA);
• The same strict standard for the sum of the 4 most harmful PFAS in groundwater. A broader sum of 20 PFAS, in line with the Drinking Water Directive, will also be monitored in groundwater which is the main source of drinking water in many Member States;
• A range of pesticides and pesticide degradation products;
• Bisphenol A, a plasticiser and component of plastic packaging;
• Mandatory testing on the effect of endocrine disruptors;
• Some pharmaceuticals used as painkillers and anti-inflammatory drugs, as well as some antibiotics.

In addition, the agreement updates the limits for pollutants already included in the lists. Furthermore, six substances no longer posing an EU-wide risk are moved to the lists of pollutants of national concern thanks to action taken to ban or restrict their use, in line with the latest scientific evidence.

New simplification measures

In the spirit of simplification, the agreement introduces certain short-term exemptions to the principle of non-deterioration of water quality and quantity. Member States will be able to apply a simplified procedure under certain conditions as long as pollution does not increase, and thus compromise environmental or health protection.

The agreement also reduces administrative burden for Member States by streamlining reporting requirements and making it easier to share monitoring data between Member States and the Commission through digital tools. The new rules also strengthen transboundary cooperation, ensuring mandatory downstream river basin warnings after incidents.

Next steps

The European Parliament and the Council will now have to formally adopt the new Directive, which will enter into force 20 days after its publication in the Official Journal of the EU.

Member States will then need to implement its requirements and transpose the amendments to the three relevant Directives: Water Framework Directive, the Environmental Quality Standard Directive and the Groundwater Directive, by 22 December 2027.

Background

The Commission adopted its proposal for a revised lists of pollutants in surface and groundwater on 26 October 2022. The Directive is a key element of the European Green Deal and the Zero Pollution Action Plan.

The Water Framework Directive (WFD) focuses on protecting and sustainably managing water resources. It requires Member States to use their River Basin Management Plans (RBMPs) and Programmes of Measures (PoMs) to protect and, where necessary, restore water bodies in order to reach good status, and to prevent deterioration. Good status means both good chemical and good ecological status.

The WFD is the primary legislation and is supported by two so-called daughter directives on the quality and quantity of groundwater – the Groundwater Directive (GWD) – and on the quality of surface water – the Environmental Quality Standards Directive (EQSD). This list of priority substances needs to be reviewed, and updated if necessary, every six years.

For More Information

Commission’s proposal for an updated list of pollutants in surface and groundwater