The EU directive revising the lists of pollutants in surface and groundwaters entered into force today (11 May), ensuring that the lists are aligned with the latest scientific advice and that new substances will be monitored more closely and subject to stricter controls.
Three pieces of EU legislation will be adapted accordingly: the Water Framework Directive, the Environmental Quality Standards Directive and the Groundwater Directive.
The implementation of the new rules will make the EU more water-resilient, contributing to its zero-pollution and water-resilience ambitions.
At the same time, the revision allows more flexible application of the principle of non-deterioration of water status to facilitate important economic activities, while ensuring safeguards for environmental and health protections.
New substances added to lists of water pollutants
The EU has updated its list of water pollutants to include newly identified substances that damage the environment and human health. These additions — based on the latest scientific evidence — cover certain PFAS ‘forever chemicals’ (such as TFA), pesticides and pharmaceuticals.
For the first time, the rules also address microplastics, indicators of antimicrobial resistance, and sensitive groundwater ecosystems.
The revised law also introduces a requirement to test the so-called “effect-based monitoring”. Rather than measuring individual pollutants, this method assesses the combined risk to water quality and has the potential to make monitoring more thorough and efficient.
In addition, the revised legislation updates the limits for pollutants already included in the lists. Six substances that no longer pose an EU-wide risk, thanks to action taken to ban or restrict their use, are moved to new lists of pollutants of national concern.
The law gives the European Chemicals Agency (ECHA) a major role in preparing future revisions of the pollutant lists and their standards, consistent with the Commission’s aim to facilitate a “one substance, one assessment” approach in line with the Chemicals Strategy for Sustainability.
The new rules also strengthen transboundary cooperation and make the collection and reporting of data on the state of water more dynamic.
New simplification measures
The revision also removes and streamlines certain reporting obligations, thereby reducing administrative burden for Member States and making it easier for them to share monitoring data with the Commission through digital tools to be developed in close cooperation with the European Environment Agency.
The new law incorporates a definition of non-deterioration and adds the possibility for two types of activity to proceed, subject to strict safeguards.
These activities include improvement works such as bridge reconstruction or flood-protection works that might have temporary impacts only, and activities merely relocating pollution without actually increasing it, such as dewatering for construction or sediment dredging.
“The revised water law will help reduce pollution in our waters from PFAS, pesticides and other harmful chemicals. This is exactly what we set out to do in the European Water Resilience Strategy — to make Europe more resilient in terms of water.
Clean water matters for people’s health, for our environment, and for our economy. It is one of the smartest investments we can make, and it will pay off many times over.”
Jessika Roswall, Commissioner for Environment, Water Resilience and a Competitive Circular Economy
Next steps
Member States will need to implement requirements and transpose the amendments to the three relevant Directives by 22 December 2027: the Water Framework Directive, the Environmental Quality Standards Directive and the Groundwater Directive.
Background
The Commission adopted its proposal for 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 proposal was the culmination of a thorough review process involving technical support from the Commission’s DG Joint Research Centre and input from Member-State and stakeholder-group experts, as well as from the Scientific Committee for Health, Environmental and Emerging Risks.
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 to reach good status, and to prevent deterioration.
Good status means both good chemical and good ecological status for surface waters, and good chemical and good quantitative status for groundwaters.
The WFD is the primary legislation and is supported by two so-called daughter directives on groundwater – the Groundwater Directive (GWD) – and surface water – the Environmental Quality Standards Directive (EQSD).
The legislation requires the lists of pollutants to be regularly reviewed and, if necessary, updated.
