1. 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

2. Content Commission Proposal European Parliament - amendments
Council Position
Follow up

3. 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 water-dangersub/surface_water.htm and CIRCA

4. 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

5. European Parliament
22 May: First Reading in the Plenary of the European Parliament adopting 71 amendments
Text available at:

6. 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 )

7. 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
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

8. 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

9. 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 )

10. 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

11. 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?

12. Thank you for your attention!