The first list of priority substances (Annex X to the WFD) was established by way of Decision 2455/2001/EC using the approaches outlined in Article 16 of the WFD.
This first list was replaced by Annex II of the Directive on Environmental Quality Standards (Directive 2008/105/EC) (EQSD), also known as the Priority Substances Directive, which also set environmental quality standards (EQS) for the substances in surface waters. The list was replaced again in 2013 by Annex I to Directive 2013/39/EU, which also included EQS and some other provisions on chemical pollutants.
Commission proposal (COM(2011)876) led to the adoption of Directive 2013/39/EU amending the list of priority substances (Annex X to the WFD), and the EQSD. It introduced provisions to improve the functioning of the legislation. It resulted in:
The proposal accompanied a report (COM(2011)875) from the Commission to the European Parliament and the Council on the outcome of the review of the priority substances list. More information and accompanying documents in the priority substances library.
Directive 2008/105/EC (the EQSD) established:
By replacing (with effect from 22 December 2012) five older directives, the EQSD contributed to the Commission's Better Regulation initiative.
A proposal for a Decision of the European Parliament and of the Council establishing the list of priority substances in the field of water policy was first presented by the Commission on 7 February 2000 (COM (2000) 47 final). This proposal had to be revised because the final agreement on the Water Framework Directive (WFD) in the conciliation of 28/29 June 2000 introduced a new requirement for the Commission to identify the priority hazardous substances. The final Decision (2455/2001/EC) was adopted on 20 November 2001.
The preparation of the first list of priority substances involved a procedure called COMMPS (COmbined Monitoring-based and Modelling-based Priority Setting) which was developed to identify the substances of highest concern at Community level.
The list identified 33 substances or group of substances shown to be of major concern for European Waters. Within this list, 11 substances were identified as priority hazardous substances and therefore subject to cessation or phasing out of discharges, emissions and losses within an appropriate timetable not exceeding 20 years. A further 14 substances were identified as being subject to later review.