Proposed EQS Directive Update on Negotiations on Proposed EQS Directive Working Group E – Priority substances Brussels, 17 October 2007 Unit D.2 – Water and Marine Protection

Content Commission Proposal European Parliament - amendments Council Position Follow up

Commission - 2006 17 July 2006  Proposal for Directive transmission to the EP and Council (COM(2006)397 final) Additional documents: Communication on integrated pollution control (COM(2006)398) Impact Assessment (SEC(2006)947) documentation including supporting technical documents (e.g. EQS data sheets) available on website http://ec.europa.eu/environment/water/ water-dangersub/surface_water.htm and CIRCA

Negotiations - 2007 Debates started in Council under FIN Presidency Jan/Feb 2007  debate in EP - ENVI Committee in the lead and the ITRE, FISH and AGRI Committees associated 15 February 2007  opinion of the European Economic and Social Committee (EESC) 27 March 2007  Adoption of report from the EP ENVI Committee

European Parliament 22 May: First Reading in the Plenary of the European Parliament adopting 71 amendments Text available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P6-TA-2007-0190&language=EN&ring=A6-2007-0125

Key issues of EP report proposed EQS agreed without changes ● to clarify, underline and give more explanation on Community legislation - WFD ● to classify additional substances as PHS ● to add additional emission controls ● to add more obligation for MS ● the monitoring of biota and sediment (EQS) ● to add addition of 30 new chemicals to the PS list (including the PCBs and dioxins) ● reviewing the need for Community-wide measures such as emission controls ● to merge the Part A and B of the Annex I with detailed specification (different obligation for substances in the different part of the Annex )

Council Since Jan 2007, DE Presidency had several meetings 28 June: Political Agreement endorsed by the Environment Council and the text can be found at http://register.consilium.europa.eu/pdf/en/07/st10/st10790-ad01.en07.pdf July 2007: MS sent written comments on preamble of the Proposal Oct 2007: final draft, reflecting the political agreement and the revised preamble, was sent for legal/linguistic finalisation

Council Agreement incorporates 22 amendments of the EP (at least partly or in principle) current agreement is close to COM proposal, in particular proposed EQS endorsed without change main differences to COM proposal regarding sediment/biota EQS, transboundary pollution issues, no harmonisation of methods for mixing zones and inventory in addition, slight changes to the COM proposal the definitions laid down in Directive 2000/60/EC shall apply for the purposes of this Directive point 3 of Part B of the Annex I may be amended in accordance with the regulatory procedures of scrutiny - art. 21(3) of Directive 2000/60/EC

Content of EP amendments / Common position Key issues of EP report Content of EP amendments / Common position proposed EQS agreed without changes ● to clarify, underline and give more explanation on Community legislation - WFD ● to classify additional substances as PHS ● to add additional emission controls ● to add more obligation for MS ● the monitoring of biota and sediment (EQS) ● to add addition of 30 new chemicals to the PS list (including the PCBs and dioxins) ● reviewing the need for Community-wide measures such as emission controls ● to merge the Part A and B of the Annex I with detailed specification (different obligation for substances in the different part of the Annex )

Follow up The adoption of Common Position, tentatively envisaged before the end of 2007 Commission Communication on Common Position under preparation The second reading of the EP is expected in early 2008

Issues for WG MS feedback concerning the new list of 30 substances sediment and biota, monitoring and EQS setting? need for informal guidance on mixing zones (former TAE), inventory of emission, discharge and losses and monitoring issues?

Thank you for your attention! http://ec.europa.eu/environment/water/water-dangersub/surface_water.htm