Council updates list of water pollutants

As reported by the Council of the European Union, the Council has agreed on a negotiating mandate to amend the water framework directive, the groundwater directive, and the directive on environmental quality standards.

This proposal updates priority substances and environmental quality standards in surface water and groundwater.

The Council’s mandate aims to balance ambitious goals for the EU’s water policy with flexibility for member states in implementing water legislation.

It seeks to maintain a level playing field and reduce the administrative burden.

Alain Maron, Minister of the Government of the Brussels-Capital Region responsible for climate change, environment, energy, and participatory democracy, stated: “Reducing pollutants and extending the monitoring to new substances, like forever chemicals or pharmaceuticals, in surface waters and groundwater is crucial in order to protect human health and our ecosystems.”

Inclusion of forever chemicals and pharmaceuticals

The proposal updates the list of water pollutants by including new pollutants and related quality standards for per- and poly-fluorinated alkyl substances (PFAS), pharmaceuticals, and pesticides.

Member states have agreed to maintain the Commission’s proposal on setting environmental quality standards for the sum of 24 PFAS in surface water.

PFAS are used in various products, including cookware, clothing, and firefighting foam.

For pharmaceuticals, the mandate includes quality standards for individual pharmaceutical products, such as painkillers, anti-inflammatory drugs, and antibiotics.

A stepwise approach is proposed for stricter quality standards when there is evidence of the need to protect the ecosystem.

Monitoring and reporting requirements

The water framework directive requires member states to submit river basin management plans and report on the status of water bodies.

The current directive applies a one-out-all-out principle, meaning all ecological and chemical indicators must meet EU quality standards.

This principle has made it difficult to show overall progress.

To address this, member states have agreed that the Commission will set EU-level indicators to measure progress uniformly.

The negotiating mandate also includes intermediate reporting, new monitoring techniques such as remote sensing, and the possibility of setting up an EU-wide monitoring facility to assist member states.

The mandate clarifies that short-term activities without lasting consequences or pollution relocation within or between water bodies will not be considered as deterioration, provided there is no overall increase in pollution.

Groundwater pollutants and future reviews

Regarding groundwater, the mandate narrows the scope to substances identified as being of national concern and sets EU-wide values only for synthetic substances.

Member states have until 2039 to achieve good groundwater chemical status.

The mandate aligns PFAS requirements for groundwater with the drinking water directive and includes quality standards for the four most problematic PFAS.

A mandatory ‘watch list mechanism’ for groundwater, similar to the one for surface water, is introduced.

Microplastics and antimicrobial resistance genes will be included in the watch list once harmonised monitoring and evaluation standards are established.

Next steps

The Council’s agreement on the negotiating mandate allows its presidency to begin talks with the European Parliament on the final text.

The European Parliament adopted its position on 24 April 2024.