Brussels: Updated list of pollutants has entered into force

An updated list of pollutants, including pesticides, pharmaceuticals and PFAS, entered into force on May 11. That means that Member States will need to implement the new requirements and transpose the amendments into the new River Basin Management Plans (RBMP’s) before 22 December 2027. The new list of pollutants is intended to ensure that health requirements are aligned with the latest scientific advice and that new substances are monitored more closely and are subject to stricter controls.

In a press release the European Commission stated that three pieces of EU legislation will need to be adapted according to the new rules. The Water Framework Directive, the Environmental Quality Standards Directive and the Groundwater Directive.  According to the European Commission the implementation of the new rules will make the EU more water-resilient, contributing to its zero-pollution and water-resilience ambitions.

Mining industry urged to postpone decision-making on the updated list

Earlier this year, the mining industry asked the European Commission to postpone decision making about the updated list. Raw Materials Europe emphasized in a joint statement that adopting these rules before a revision of the Water Framework Directive creates a ‘fait accompli’ and undermines the measures announced by the European Commission in the ReSourceEU Action Plan.

Monitoring the cocktail effect part of the new obligations

For the first time, the directive introduces effect-based monitoring to assess the cumulative risk of combined substances. The European Environment Agency warned in 2019 that the danger posed by the ‘cocktail effect’ of lower concentrations of chemicals in European lakes, rivers, and other surface water bodies needed to be addressed.

Key role for ECHA

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. ECHA is taking up that role immediately. On their website ECHA published on 9 June that they have identified new research areas where further regulatory scientific research is needed to enhance protection of human health and the environment and strengthen chemicals safety. The European Chemicals Agency has called for targeted research to address gaps in environmental risk assessment and support evidence-based decisions on chemical safety across the EU.

Streamlining reporting obligations

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 European Commission through digital tools to be developed in close cooperation with the European Environment Agency. 

Temporary deterioration permitted

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 that merely relocate pollution without actually increasing it, such as dewatering for construction or sediment dredging. 

Background

The proposal for an updated list of pollutants was adopted by the European Commission on 26 October 2022. The amendments to the different directives was a key element of the European Green Deal and the Zero Pollution Action Plan. The upcoming revision of the Water Framework Directive is expected to address concerns that current rules may hinder the development of strategic critical raw materials projects in the EU.