Environmental quality standards applicable to surface water

SUMMARY OF:

Directive 2008/105/EC setting environmental quality standards in the field of water policy

WHAT IS THE AIM OF THE DIRECTIVE?

It sets out environmental quality standards (EQSs) for the presence in surface water* of certain substances or groups of substances identified as priority pollutants because of the significant risk they pose to or via the aquatic environment. These standards are in line with the strategy and objectives of the European Union (EU)’s water framework directive (Directive 2000/60/EC).
It repeals Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC with effect from 22 December 2012.

KEY POINTS

The directive sets EQSs for priority substances and eight other pollutants. These substances include the metals cadmium, lead, mercury and nickel, and their compounds; benzene; polyaromatic hydrocarbons; and several pesticides. Several of these priority substances are classed as hazardous.

The EQSs in Directive 2008/105/EC are limits on the concentration of the priority substances and eight other pollutants in water (or biota*), i.e. thresholds which must not be exceeded if a good chemical status is to be met. There are two types of water standard.

A threshold for the average concentration of the substance concerned calculated from measurements over a 1-year period. The purpose of this standard is to ensure protection against long-term exposure to pollutants in the aquatic environment.
A maximum allowable concentration of the substance concerned, i.e. the maximum for any single measurement. The purpose of this standard is to ensure protection against short-term exposure, i.e. pollution peaks.

The EQSs are different for:

inland surface waters (rivers and lakes);
other surface waters (transitional, coastal and territorial waters).

EU Member States must ensure compliance with the EQSs. They must also take measures to ensure that the concentrations of substances that tend to accumulate in sediment and/or biota do not increase significantly.

Directive 2013/39/EU

Directive 2013/39/EU updated the EQSs for seven of the 33 original priority substances, in line with the latest scientific and technical knowledge concerning the properties of those substances.

The revised EQSs for those seven existing priority substances had to be taken into account for the first time in Member States’ river basin management plans from 22 December 2015, with the aim of achieving good surface-water chemical status for those substances by 22 December 2021.

It included 12 newly identified priority substances whose EQSs were be taken into account in the drawing-up of supplementary monitoring programmes and in preliminary programmes of measures to be submitted to the European Commission by the end of 2018, with the aim of achieving good surface-water chemical status for those substances by 22 December 2027.

Watchlist

Directive 2013/39/EU also required the Commission to establish a watch list of substances for which EU-wide monitoring data are to be gathered to support future prioritisation exercises. Implementing Decision (EU) 2022/1307 establishes the latest watch list.

Mixing zones

Directive 2008/105/EC also requires Member States to designate mixing zones near discharge points, where the EQSs may be exceeded provided that the rest of the surface water body complies with the standards. These areas must be clearly identified in the river basin management plans established in accordance with the water framework directive.

Inventories

For each river basin district, Member States must set up an inventory of emissions, discharges and losses of all substances listed in Part A of Annex I to the directive. On the basis of this inventory, the Commission will verify whether progress is being made towards the objectives of:

gradually reducing pollution from priority substances; and
stopping or phasing out emissions, discharges and losses of priority hazardous substances.

FROM WHEN DO THE RULES APPLY?

The directive had to be transposed into national law by 13 July 2010.

BACKGROUND

Compliance with the EQSs should benefit both the public and the environment. It should reduce the costs of treating surface waters used for drinking-water production and improve the health of plants and animals living in these waters and of livestock drinking these waters.

For further information, see:

Priority substances under the water framework directive (European Commission).

KEY TERMS

Surface water. Rivers, lakes, transitional waters and coastal waters. Surface waters also include territorial waters as far as chemical status is concerned.

Biota. The animal and plant life of a given habitat or region.

MAIN DOCUMENT

Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, pp. 84–97).

Successive amendments to Directive 2008/105/EC have been incorporated in the original text. This consolidated version is of documentary value only.