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Strategy against chemical pollution of surface waters

Introduction

European Union legislation provides for measures against chemical pollution of surface waters are active on two levels - with Community wide selection of substances of concern and Community wide measures and a requirement that Member States take measures at river basin level against relevant pollutants. There is currently a transitional period until the year 2013 from the "old" framework of Directive 76/464/EEC to the new Water Framework Directive.

The major part on Community strategy against pollution of surface waters control policy is set out in Article 16 of the Water Framework Directive which requires the establishment of a list of priority substances and a procedure for the identification of priority substances/priority hazardous substances as well as the adoption of the specific measures against pollution with these substances.

Existing legislations

Discharge of dangerous substances (Directive 76/464/EEC)

Directive 76/464/EEC has been codified as 2006/11/EC. 

Community policy concerning dangerous or hazardous substances in European waters was introduced almost three decades ago by Council Directive on pollution caused by discharges of certain dangerous substances (Directive 76/464/EEC). Several substances have been regulated in specific directives (also called 'daughter' directives) in the 1980s by defining Community-wide emission limit values and quality objectives in the surface and coastal waters.

As part of the ongoing restructuring of the Community water policy, the Directive 76/464/EEC is now integrated in the Water Framework Directive (2000/60/EC) which was adopted in September 2000, and Directive 76/464/EEC will be fully repealed in 2013.

First priority substances list (Decision 2455/2001/EC)

The first list of priority substances in the field of water policy and amending Directive 2000/60/EC was adopted in 2001 (Decision No 2455/2001/EC). The aim of this decision was to identify a list of substances of concern (priority substances) that present a significant risk to or via the aquatic environment in accordance with Article 16(2) and (3) of the Water Framework Directive.

New framework for action: Priority substances Directive (Directive 2008/105/EC)

The new Priority substances Directive (1) (Directive 2008/105/EC) setting environmental quality standards for the priority substances and certain other pollutants is the result of the requirements set in Article 16(8) of the Water Framework Directive. In addition, the Annex II to this new directive replaces Annex X of the Water Framework Directive referring to the list of priority substances. Member States shall take actions to meet those quality standards by 2015 as part of chemical status (Article 4 and Annex V point 1.4.3). For this purpose a programme of measures (according to Article 11) shall be in place by 2009, and become operational by 2012.

Commission Directive 2009/90/EC on technical specifications for chemical analysis and monitoring of water status new

The Commission Directive 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 has been adopted and enters into force on 21 August 2009. The objective of this Directive is to establish common quality rules for chemical analysis and monitoring of water, sediment and biota carried out by Member States. The Directive shall be transposed within 2 years from entry into force.

Documentation

A number of reports on the implementation of Community legislation, background documents and legal acts on chemical pollution of surface waters are available to download from the library of priority substances and dangerous substances.

Feedback

If you have any questions about the new Priority substances Directive, as a “daughter directive” of the Water Framework Directive or Directive 76/464/EEC and its related specific directives or ideas about how to improve this site, please send mail here.

(1) published in the OJ L348 on 24 December 2008, p. 84