Water pollution: Council and Parliament reach provisional deal to update priority substances in surface and ground waters

On 23 September, the Council presidency and the European Parliament’s representatives reached a provisional political agreement on a proposed directive to review and update the lists of pollutants affecting surface waters and groundwater and corresponding regulatory standards. This agreement updates environmental quality standards for a number of pollutants and adds new ones, aligning EU water policy with the latest scientific evidence.

The revision is an important step in safeguarding water quality in Europe. It strengthens the framework for tackling harmful chemicals, enhances monitoring, and ensures that rules remain coherent with the river basin management plans that guide water policy implementation across the EU.

The agreement introduces new substances into the priority lists, including pesticides, pharmaceuticals, bisphenols, and per- and polyfluoroalkyl substances (PFAS). Trifluoroacetic acid (TFA), a breakdown product of certain PFAS, will be added to the initially proposed sum of 24 PFAS for surface water.

The agreement both strengthens and streamlines monitoring and reporting obligations for EU member states, to improve the monitoring and transparency of water quality across the EU without placing excessive administrative burdens.

Effect-based monitoring (EMB) will be introduced for surface waters, improving the ability to detect harmful chemical mixtures. EBM is an advanced approach used to assess water quality, focusing not just on specific chemicals but on the overall impact of pollutants on ecosystems and organisms in the water. Instead of just measuring individual chemicals, EBM evaluates how a combination of chemicals affects the environment. In particular, a limited and targeted use of EBM will be mandatory for estrogenic substances, during a 2-year period.

The Water Framework Directive (WFD) already requires member states to prevent deterioration of the status of water bodies. Until now, this obligation was framed generally in the WFD and clarified over the years through Court of Justice case law. The co-legislators agreed on a definition of deterioration consistent with existing jurisprudence. Two additional exemptions will be introduced: one for short-term temporary deterioration and another for cases where pollution is relocated without increasing overall loads. Safeguards, particularly in relation to drinking water, will apply.

Member States will have until 2039 to achieve compliance with the new standards both for surface water and groundwater, with an additional and strictly conditioned extension possible until 2045. In the case of substances with revised and more stringent environmental quality standards in surface water, the deadline for compliance is 2033. The 20-year deadline for phasing out priority hazardous substances is kept, ensuring progressive elimination of the most dangerous pollutants.

The provisional agreement will now be endorsed by the Council and the Parliament, before being formally adopted and entering into force. Member states will have to transpose the directive into national law by 21 December 2027.

 

Access the press release of the European Parliament : here

Access the press release of the European Commission:  here

Access the European Commission’s report: here