Article 2 — Amendments to Directive 2006/118/EC

Directive 2006/118/EC is amended as follows: (1) the title is replaced by the following Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the prevention and control of groundwater pollution ; (2) in Article 1, paragraph 1 is replaced by the following: 1. This Directive establishes specific measures as provided for in Article 17 of Directive 2000/60/EC to prevent and control groundwater pollution with the aim of achieving the environmental objectives set out in Article 4(1)(b) of that Directive. Those measures include the following: (a) criteria for the assessment of good groundwater chemical status; and (b) criteria for the identification and reversal of significant and sustained upward trends and for the definition of starting points for trend reversals. ; (3) Article 2 is amended as follows: (a) point 2) is replaced by the following: 2) threshold value means a groundwater quality standard established at Union level and listed in Annex II part D or established by Member States in accordance with Article 3(1)(b); ; (b) the following point is added: 7) indicator of pollution means a parameter which can be monitored to give a value that is representative of the level or concentration of a pollutant or a group of pollutants and thus of the risk posed by them. ; (4) Article 3 is amended as follows: (a) in paragraph 1, first subparagraph, the following point is added: (c) threshold values established at Union level listed in Part D of Annex II. ; (b) the following paragraphs are inserted: 1a. The quality standards for the substances numbered 3 to 8 in Annex I to this Directive shall take effect from 22 December 2027, with the aim of achieving good groundwater chemical status in relation to those substances by 22 December 2039 and preventing deterioration in the chemical status of groundwater bodies in relation to those substances. For that purpose, Member States shall, by 22 December 2027, establish a supplementary monitoring programme and, by 22 December 2030, a preliminary programme of measures covering those substances. A final programme of measures, in accordance with Article 11 of Directive 2000/60/EC, shall be included in the 2033 river basin management plan produced in accordance with Article 13(7) of that Directive. Article 4(4) to (9) of Directive 2000/60/EC shall apply mutatis mutandis to the substances referred to in the first subparagraph of this paragraph. Insofar as the time extensions provided for in Article 4(4) of that Directive are concerned, they shall be limited to a maximum of one further update of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within that period. 1b. Threshold values established in accordance with Article 3(1)(b) and the threshold values listed in Part D of Annex II shall take effect from the beginning of the following river basin management plan period after the date the threshold value was set, with the aim of achieving good groundwater chemical status in relation to the corresponding substances by the end of that river basin management plan period and of preventing deterioration in the chemical status of groundwater bodies in relation to those substances. Article 4(4) to (9) of Directive 2000/60/EC shall apply mutatis mutandis to the substances referred to in the first subparagraph of this paragraph. Insofar as the time extensions provided for in Article 4(4) of that Directive are concerned, they shall be limited to a maximum of one further update of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within that period. ; (c) paragraph 2 is replaced by the following: 2. Threshold values referred to in paragraph 1(b) may be established at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, or at the level of a body or a group of bodies of groundwater. Threshold values referred to in paragraph 1(b) and (c) shall be applied at the level relevant to the occurrence of the pollutant. ; (d) paragraph 5 is replaced by the following: 5. Member States shall publish all threshold values referred to in paragraph 1(b) of this Article in their river basin management plans to be produced under Article 13 of Directive 2000/60/EC, together with a summary of the information set out in Part C of Annex II to this Directive. Member States shall, by 22 December 2027, inform the Commission of their lists of pollutants of national concern and national threshold values referred to in paragraph 1(b). The Commission shall ensure that that information is made publicly available. Subsequent updates of the list of national threshold values shall be published in accordance with the first subparagraph of this paragraph. ; (e) in paragraph 6, the first subparagraph is replaced by the following: 6. Member States shall amend the list of threshold values applied in their territories whenever new information on pollutants, groups of pollutants or indicators of pollution, also taking into account the precautionary principle, indicates that a threshold value needs to be set for an additional substance, that an existing threshold value needs to be modified or that a threshold value previously removed from the list needs to be re-inserted. If relevant threshold values are established or amended at Union level, Member States shall adapt the list of threshold values applied in their territories to those values. ; (5) Article 4 is amended as follows: (a) in paragraph 2, point (b) is replaced by the following: (b) the values for the groundwater quality standards listed in Annex I and the threshold values referred to in Article 3(1)(b) and (c) are not exceeded at any monitoring point in that body or group of bodies of groundwater; or ; (b) the following paragraph is inserted: 2a. The Commission is empowered to adopt an implementing act to establish a list of pesticide metabolites that may be found in groundwater and for which an assessment of their relevance has been carried out in the Union, indicating whether they are relevant or not relevant, by 11 May 2028. The list shall not include metabolites assessed as being of no concern. The list shall be based on data generated during the process for approving active substances under Regulation (EC) No 1107/2009 of the European Parliament and of the Council and Regulation (EU) No 528/2012 of the European Parliament and of the Council and associated scientific output from the European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA), and, if available, new scientific data on existing metabolites or newly discovered previously unidentified metabolites. The Commission shall adopt an implementing act to update the list at least every six years. The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 9(2) of this Directive. (6) the following Article is inserted: Article 6a Watch list 1. The Commission is empowered to adopt implementing acts to establish, having regard to scientific reports prepared by ECHA in accordance with paragraph 2 of this Article, a watch list of substances for which Union-wide monitoring data are to be gathered by the Member States for the purpose of supporting future reviews of Annexes I and II and to lay down the formats to be used by the Member States for reporting the results of that monitoring and related information to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2). The watch list shall contain a maximum of five substances, groups of substances, or indicators of pollution at any one time, and the possible methods of analysis for each substance. Those methods shall not entail excessive costs for the competent authorities. The substances to be included in the watch list shall be selected from amongst those substances for which the information available indicates that they could pose a significant risk at Union level to or via the aquatic environment and for which monitoring data are insufficient. This watch list shall include substances of emerging concern. On the basis of the scientific reports prepared by ECHA in accordance with paragraph 2, the Commission shall include microplastics and appropriate indicators of the presence, evolution or transmission of antimicrobial resistance (indicators of antimicrobial resistance) in the watch list, provided that methods of sampling and analysis that are reliable and do not entail excessive cost are available. By 1 December 2027 the Commission shall identify such methods of sampling and analysis. 2. ECHA shall prepare scientific reports to assist the Commission in selecting the substances, and indicators for inclusion in the watch list referred to in paragraph 1 of this Article, taking into account the following information: (a) Annex I to Directive 2008/105/EC of the European Parliament and of the Council and the results of the most recent review of that Annex, as well as the results of the most recent review of Annex I to this Directive; (b) the watch lists established in accordance with Directives 2008/105/EC and (EU) 2020/2184; (c) requirements to address soil pollution, including related monitoring data; (d) Member States’ characterisation of river basin districts in accordance with Article 5 of Directive 2000/60/EC and the results of monitoring programmes established in accordance with Article 8 of that Directive; (e) information on production volumes, use patterns, intrinsic properties (including mobility in soils and, where relevant, particle size), concentrations in the environment and adverse effects on human health and the aquatic environment of a particular substance or group of substances, including information gathered in accordance with Directive 2001/83/EC of the European Parliament and of the Council, Regulations (EC) No 1907/2006 and (EC) No 1107/2009, Directive 2009/128/EC of the European Parliament and of the Council and Regulations (EU) No 528/2012, (EU) 2019/6 and (EU) 2022/2379 of the European Parliament and of the Council; (f) research projects and scientific publications, including, information on trends, and forecasts based on modelling or other predictive assessments, as well as information and data collected by remote sensing technologies, earth observation, such as Copernicus services, in situ sensors and devices, or citizen science data, taking advantage of the opportunities offered by artificial intelligence and advanced data analysis and processing; (g) recommendations from stakeholders; (h) recommendations from the working groups established under the Common Implementation Strategy for Directive 2000/60/EC; (i) information on emissions, discharges and losses available in the Industrial Emissions Portal under Regulation (EU) 2024/1244 of the European Parliament and of the Council, as well as any additional information available on substances covered by permits under Directive 2010/75/EU of the European Parliament and of the Council. 3. The scientific reports prepared by ECHA in accordance with paragraph 2 shall present a list of candidate substances, groups of substances, or indicators, an indicative method of analysis and maximum acceptable limit of quantification for each of them, with a supporting reference to scientific literature or guidance. 4. By 1 February 2028 and every three years thereafter, ECHA shall prepare a report summarising the findings of the scientific reports prepared in accordance with paragraph 2 and shall make that report publicly available. . 5. By 1 June 2028, the Commission shall establish the first watch list referred to in paragraph 1, and update it every three years thereafter. When updating the watch list, the Commission shall remove any substance, group of substances, or indicator from the watch list, where the Commission considers it possible to assess the risk for the aquatic environment without additional monitoring data. However, an individual substance, group of substances, or indicator may be kept on the watch list for another period of three years where additional monitoring data are needed to assess the risk to the aquatic environment. The Commission may also add one or more additional substances, groups of substances, or indicators where it considers, having regard to the scientific reports of ECHA, that there could be a widespread risk to the aquatic environment, subject to the updated watch list containing a maximum of five substances, groups of substances, or indicators, in accordance with paragraph 1. Microplastics and indicators of antimicrobial resistance shall not be kept on the watch list for a second consecutive period of three years unless a harmonised and reliable risk assessment methodology is available which, when applied, shows that the monitoring data collected during the first monitoring period are insufficient to assess the risk they pose to or via the aquatic environment. 6. Member States shall monitor each substance, group of substances, and indicator on the watch list referred to in paragraph 1 at selected representative monitoring stations over a 24-month period. The monitoring period shall commence within six months of the establishment of the watch list, but sampling and analysis need not commence at the start of that period. Each Member State shall select at least two monitoring stations, plus the number of stations equal to its total area in km2 of groundwater bodies divided by 45000, rounded to the nearest integer. In selecting the representative monitoring stations, the monitoring frequency and the timing for each substance, group of substances, or indicator, Member States shall take into account seasonal variability in rainfall, water levels, use patterns and the possibility of the substance, group of substances, or indicator occurring. The frequency of monitoring shall be not less than once per year. Where a Member State is in a position to generate sufficient, comparable, representative and recent monitoring data for a particular substance, group of substances, or indicator from existing monitoring programmes or studies, it may decide not to undertake additional monitoring under the watch list mechanism for that substance, group of substances, or indicator, provided that the substance, group of substances, or indicator was monitored using a methodology that is compliant with the methods of analysis referred to in the implementing act establishing the watch list. 7. Member States shall make available the results of the monitoring referred to in paragraph 6 of this Article annually in accordance with Article 8(4) of Directive 2000/60/EC and with the implementing act establishing the watch list as adopted pursuant to paragraph 1 of this Article. They shall also make available information on the representativeness of the monitoring stations and on the monitoring strategy. 8. At the end of the 24-month period referred to in paragraph 6 ECHA shall review the monitoring results and assess which substances, groups of substances, or indicators need to be monitored for another 24-month period and therefore are to be kept on the watch list and which substances, groups of substances, or indicators can be removed from the watch list. Where the Commission, having regard to the assessment by ECHA referred to in the first subparagraph of this paragraph, concludes that no further monitoring is required to further assess the risk to the aquatic environment, that assessment shall be taken into account in the review of Annex I or II referred to in Article 8. (7) Article 8 is replaced by the following: Article 8 Review of Annexes I to IV and specific provisions for certain substances 1. The Commission shall review the list of pollutants and indicators of pollution and the corresponding quality standards for those pollutants set out in Annex I by 11 May 2032 and every six years thereafter and, where appropriate, accompany the review with a legislative proposal to update the list of pollutants and the corresponding quality standards. 2. The Commission shall review the list of pollutants and indicators of pollution for which Member States have to consider establishing national threshold values set out in Part B of Annex II by 11 May 2032 and every six years thereafter and, where appropriate, accompany the review with a legislative proposal to update the list of pollutants in Part B of Annex II. 3. The Commission shall review the repository of harmonised threshold values in Part D of Annex II by 11 May 2032 and every six years thereafter and, where appropriate, accompany the review with a legislative proposal to update the repository and the corresponding harmonised threshold values in Part D of Annex II. 4. When conducting the reviews referred to in paragraphs 1, 2 and 3, the Commission shall take the scientific reports prepared by ECHA pursuant to paragraph 6 into account. 5. The Commission is empowered to adopt delegated acts in accordance with Article 8a to amend Parts A and C of Annex II and Annexes III and IV concerning guidelines for the establishment of threshold values by Member States, information to be provided by Member States with regard to the pollutants and indicators of pollution for which threshold values have been established, the assessment of groundwater chemical status and the identification and reversal of significant and sustained upward trends in order to adapt them to scientific and technical progress. 6. For the purpose of assisting the Commission with regard to the review of Annexes I and II, ECHA shall prepare scientific reports. Those reports shall take account of the following: (a) the opinions of the Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) of ECHA; (b) the results of the monitoring programmes established in accordance with Article 8 of Directive 2000/60/EC; (c) the review of the monitoring results in accordance with Article 6a(8) of this Directive; (d) the outcome of the reviews of the Annexes to Directive 2008/105/EC and Directive (EU) 2020/2184; (e) information and requirements to address soil pollution; (f) Union research programmes and scientific publications, including the latest available information resulting from remote sensing technologies, earth observation, such as Copernicus services, in situ sensors and devices and citizen science data, leveraging the opportunities offered by new technologies, which could include artificial intelligence, advanced data analysis and processing; (g) comments and information from relevant stakeholders, including national regulatory authorities and other relevant bodies; (h) recommendations from the working groups established under the Common Implementation Strategy for Directive 2000/60/EC. The scientific reports referred to in the first subparagraph shall include proposals for quality standards or threshold values for the respective pollutants or indicators of pollution as well as a suitable analytical method. 7. Every six years, ECHA shall prepare and make publicly available a report, summarising the findings of the scientific reports prepared under paragraph 6. The first report shall be submitted to the Commission by 11 May 2030. 8. When next conducting the review referred to in paragraph 1 of this Article, the Commission shall consider establishing a quality standard for PFAS Total in groundwater and aim to complement the guidance on monitoring PFAS Total in drinking water, developed in accordance with Article 13(7) of Directive (EU) 2020/2184, to make it applicable to monitoring PFAS Total in groundwater. Member States are encouraged to already apply that guidance to monitor PFAS Total in groundwater and to report the data in accordance with Article 8(4) of Directive 2000/60/EC. Considering the toxicity, persistence and prevalence of trifluoroacetic acid (TFA) in the environment, the Commission shall, at the next review, also consider establishing a quality standard for TFA separately, or as a part of a sum, in Annex I to this Directive. 9. When next conducting the review referred to in paragraph 1, the Commission shall consider whether to establish quality standards for the sum(s) of selected pharmaceuticals by mode of action and for the sum of bisphenols; for this reason sum(s) of selected pharmaceuticals by mode of action and sum of bisphenols are listed in Annex V to Directive 2006/118/EC. The Commission shall also consider whether a risk-based approach could be taken to establishing quality standards for total pharmaceuticals and total bisphenols in groundwater, supported by suitable monitoring methods. 10. When next conducting the review referred to in paragraph 1, the Commission shall consider whether to revise the quality standards in Annex I for individual pesticides, total pesticides and for non-relevant metabolites in groundwater. ; (8) the following Article is inserted: Article 8a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 8(5) shall be conferred on the Commission for a period of six years from 10 May 2026. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 8(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 8(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. ; (9) Article 9 is replaced by the following: Article 9 Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply. (10) Article 10 is deleted; (11) Annex I is replaced by the text set out in Annex III to this Directive; (12) Annex II is amended in accordance with Annex IV to this Directive; (13) in Annex III, point 2(c) is replaced by the following: (c) any other relevant information including a comparison of the annual arithmetic mean concentration of the relevant pollutants at a monitoring point with the groundwater quality standards set out in Annex I and with the threshold values referred to in Article 3(1)(b) and (c). ; (14) in Annex IV, Part B, point 1, the introductory wording is replaced by the following: 1) the starting point for implementing measures to reverse significant and sustained upward trends will be when the concentration of the pollutant reaches 75 % of the parametric values of the groundwater quality standards set out in Annex I and of the threshold values referred to in Article 3(1)(b) and (c), unless: ; (15) the text set out in Annex V of this Directive is added as Annex V.