(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: 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 45 000, 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. (*23) 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, p. 84, ELI: http://data.europa.eu/eli/dir/2008/105/oj)." (*24) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67, ELI: http://data.europa.eu/eli/dir/2001/83/oj)." (*25) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1907/oj)." (*26) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides, (OJ L 309, 24.11.2009, p. 71, ELI: http://data.europa.eu/eli/dir/2009/128/oj)." (*27) Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43, ELI: http://data.europa.eu/eli/reg/2019/6/oj)." (*28) Regulation (EU) 2022/2379 of the European Parliament and of the Council of 23 November 2022 on statistics on agricultural input and output, amending Commission Regulation (EC) No 617/2008 and repealing Regulations (EC) No 1165/2008, (EC) No 543/2009 and (EC) No 1185/2009 of the European Parliament and of the Council and Council Directive 96/16/EC (OJ L 315, 7.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2379/oj)." (*29) Regulation (EU) 2024/1244 of the European Parliament and of the Council of 24 April 2024 on reporting of environmental data from industrial installations, establishing an Industrial Emissions Portal and repealing Regulation (EC) No 166/2006 (OJ L, 2024/1244, 2.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1244/oj)." (*30) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial and livestock rearing emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).’;" Annex I to Directive 2008/105/EC of the European Parliament and of the Council (*23) 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; the watch lists established in accordance with Directives 2008/105/EC and (EU) 2020/2184; requirements to address soil pollution, including related monitoring data; 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; 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 (*24), Regulations (EC) No 1907/2006 (*25) and (EC) No 1107/2009, Directive 2009/128/EC of the European Parliament and of the Council (*26) and Regulations (EU) No 528/2012, (EU) 2019/6 (*27) and (EU) 2022/2379 (*28) of the European Parliament and of the Council; 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; recommendations from stakeholders; recommendations from the working groups established under the Common Implementation Strategy for Directive 2000/60/EC; 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 (*29), 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 (*30).

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Source: EUR-Lex (Cellar) · retrieved 2026-10-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.