Activities of Carl SCHLYTER related to 2011/0429(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy PDF (280 KB) DOC (358 KB)
Amendments (22)
Amendment 30 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) As set out in second sentence of Article 191(2) of the Treaty on the Functioning of the European Union, Union policy on the environment is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay.
Amendment 33 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy lays down a strategy against the pollution of water and requires further specific measures for pollution control. That strategy involves the identification of priority substances among those causing a significant risk to or via the aquatic environment at Union level. Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing the list of priority substances in the field of water policy set out the first list of 33 substances or groups of substances that were prioritised at Union level and that are currently included in Annex X to Directive 2000/60/EC.
Amendment 39 #
Proposal for a directive
Recital 6
Recital 6
(6) Numerous Union acts have been adopted since the adoption of Directive 2000/60/EC, which constitute emission control measures in accordance with Article 16 of that Directive for individual priority substances. Moreover, many environmental protection measures fall under the scope of other existing Union legislation. Therefore, priority should be given to implementing and revising existing instruments rather than establishing new controls. The inclusion of a substance in Annex X to Directive 2000/60/EC is without prejudice to the application of the provisions of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection produc, fully applying and, where necessary, revising the provisions of existing sectorial instruments governing priority substances rather than establishing new controls in the context of Directive 2000/60/EC. However, this requires that the actions necessary to achieve the objectives laid down in Article 16(1) of Directive 2000/60/EC be effectively taken in the context of those other existing Union instruments. The inclusion of a substance in Annex X to Directive 2000/60/EC, or monitoring data showing that additional EU-level measures are necessary, should therefore trigger appropriate follow-up action under the corresponding Union instruments onby the market and repealing Council Directives 79/117/EEC and 91/414/EECCommission and Member States, without prejudice to the application of the provisions of those instruments.
Amendment 54 #
Proposal for a directive
Recital 9
Recital 9
(9) The derivation of EQS for priority hazardous substances usually involves higher levels of uncertainty than is the case for priority substances but the EQS still establishes a benchmark to assess compliance with the objective of good surface water chemical status, as defined in Article 2(24) and points (ii) and (iii) of Article 4(1)(a) of Directive 2000/60/EC. However, in order to ensure an adequate level of protection for the environment and human health, the ultimate aim for the priority hazardous substances is the cessation or phase out of emissions, discharges and losses, as established in Article 4(1)(a)(iv) of Directive 2000/60/EC. In accordance with Article 16(6) of Directive 2000/60/EC, the timetable to achieve the cessation or phasing-out of discharges, emissions and losses of priority hazardous substances should not exceed 20 years after the designation of a substance as a priority hazardous substance.
Amendment 55 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In recent years there has been an increasing focus on the effects on human health and on the environment arising from exposure to many different chemicals. Discharges to the environment during the production, transport, use or disposal often contain a large number of chemicals. The requirements of Directive 2000/60/EC for water bodies to achieve a good chemical status require a focus not only on the concentration of individual chemicals but also on their effects in combination. It is therefore appropriate to reflect this in the derivation of the EQS.
Amendment 69 #
Proposal for a directive
Recital 24
Recital 24
(24) Since the objective of this Directive, namely that of achieving good surface water chemical status by laying down EQS for priority substances and certain other pollutants, cannot be sufficiently achieved by the Member States and can therefore, by reason of maintaining the same level of protection of surface water throughout the Union, be better achieved at Union level, the Union mayshould adopt measures, where necessary, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 79 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
Directive 2008/105/EC
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
Member States shall arrange for the long- term trend analysis of concentrations of those priority substances listed in Part A of Annex I that tend to accumulate in sediment and/or biota, giving particular consideration to the substances numbered 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28, 30, 34, 35, 36, 37, 43 and 44, on the basis of the monitoring of water status carried out in accordance with Article 8 of Directive 2000/60/EC. They shall take measures aimed at ensuring, subject to Article 4 of Directive 2000/60/EC that such concentrations do not significantly increaseare progressively reduced in sediment and/or relevant biota.
Amendment 83 #
Proposal for a directive
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Directive 2008/105/EC
Article 5 a (new)
Article 5 a (new)
Amendment 84 #
Proposal for a directive
Article 2 – point 3 b (new)
Article 2 – point 3 b (new)
Directive 2008/105/EC
Article 5 b (new)
Article 5 b (new)
3b. The following Article 5b is inserted: ‘Article 5b Controlling priority substances that are plant protection products 1. Member States shall review by [OJ to insert date: one year after the entry into force of the directive] all product authorisations based on Regulation (EC) No 1107/2009 for plant protection products containing priority substances pursuant to Article 44 of that Regulation to ensure that they are consistent with the objectives of Directive 2000/60/EC . 2. Member States shall review the relevant authorisations granted for plant protection products containing an existing priority substance based on Regulation (EC) No 1107/2009 pursuant to Article 48 of that Regulation when monitoring data show that additional EU-level measures are necessary for consistency with the objectives of Directive 2000/60/EC within one year after the publication of the monitoring data. 3. Priority hazardous substances shall be deemed not to satify the criteria under points 3.6.2, 3.6.3, 3.6.4, 3.6.5, 3.7.2 or 3.8.2 of Annex II of that Regulation. 4. Exceedance of the EQS shall be deemed to be an unacceptable effect on the environment pursuant to Article 4(3)(e)(i) of that Regulation.’
Amendment 85 #
Proposal for a directive
Article 2 – point 3 c (new)
Article 2 – point 3 c (new)
Directive 2008/105/EC
Article 5 c (new)
Article 5 c (new)
3c. The following Article 5c is inserted: ‘Article 5c Controlling priority substances that are biocidal products 1. Member States, or in the case of a Union authorisation, the Commission, shall review by [OJ to insert date: one year after the entry into force of the directive] all authorisations granted based on Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products1, pursuant to Article 48 of that Regulation for biocidal products containing priority substances to ensure that they are consistent with the objectives of Directive 2000/60/EC. 2. Member States, or in the case of a Union authorisation, the Commission, shall review the relevant authorisations granted for an existing priority substance based on Regulation (EC) No 528/2012 pursuant to Article 48 of that Regulation when monitoring data show that additional EU-level measures are necessary for consistency with the objectives of Directive 2000/60/EC within one year after the publication of the monitoring data. 3. Priority hazardous substances shall be deemed to meet one of the exclusion criteria defined in Article 5(1) of that Regulation. 4. Exceedance of the EQS shall be deemed to be an unacceptable effect on the environment pursuant to Article 19(1)(b)(iv) of that Regulation.’ ____________________ 1 OJ L 167, 27.6.2012, p. 1
Amendment 86 #
Proposal for a directive
Article 2 – point 3 d (new)
Article 2 – point 3 d (new)
Directive 2008/105/EC
Article 5 d (new)
Article 5 d (new)
3d. The following Article 5d is inserted: ‘Article 5d Controlling priority substances in industrial emissions For priority substances falling under the scope of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)1, for which Article 10 of Directive 2000/60/EC foresees the application of emission limit values and emissions controls based on best available techniques, the Commission shall include consideration of the monitoring data obtained under Directive 2000/60/EC in its regular review of the adequacy of those values and techniques. Where improvements are necessary, appropriate legislative action should be taken pursuant to Article 73(1) of that Directive.’ ___________________ 1 OJ L 334, 17.12.2010, p. 17
Amendment 87 #
Proposal for a directive
Article 2 – point 3 e (new)
Article 2 – point 3 e (new)
Directive 2008/105/EC
Article 5 e (new)
Article 5 e (new)
3e. The following Article 5e is inserted: ‘Article 5e Controlling priority substances that are used as pharmaceuticals 1. For priority substances falling under the scope of 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 use1, Member States shall assess within one year after entry into force of this Directive whether the summary of product characteristics as well as the patient information leaflet will raise awareness sufficently to contribute effectively to achieving the objectives of this Directive. For priority substances falling under the scope of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency2 , the Commission, based on an opinion from the European Medicines Agency, shall assess within one year after entry into force of this Directive whether the summary of product characteristics as well as the patient information leaflet will raise awareness sufficently to contribute effectively to achieving the objectives of this Directive. To ensure transparency, the environmental risk assessments of priority substances shall be made publicly available in the context of pharmaceutical legislation. 2. Member States or, in the case of a Union authorisation, the Commission shall review the relevant authorisations granted for pharmaceutical substances or products containing an existing priority substance when monitoring data show that additional EU-level measures are necessary for consistency with the objectives of Directive 2000/60/EC within one year after the publication of the monitoring data. 3. For priority substances falling under the scope of Directive 2001/83/EC or Regulation (EC) No 726/2004, the Commission shall encourage Member States to consider making pharmaceutical products containing them subject to prescription. 4. Member States shall report to the Commission within one year after entry into force of this Directive that appropriate collection systems are in place for medicinal products that are unused or have expired pursuant to Article 127b of Directive 2001/83/EC.’ ______________ 1 OJ L 311, 28.11.2001, p. 67 2 OJ L 136, 30.4.2004, p. 1
Amendment 95 #
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
Directive 2008/105/EC
Article 8
Article 8
The Commission shall report to the European Parliament and to the Council the outcome of the regular review of Annex X to Directive 2000/60/EC provided for in Article 16(4) of that Directive. It shall accompany the report, if appropriate, with relevant proposals, in particular proposals to identify new priority substances or priority hazardous substances or to identify certain priority substances as priority hazardous substances and to set corresponding EQS for surface water, sediment or biota, as appropriate. When setting the EQS, the Commission shall take into account combination effects.
Amendment 101 #
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
Directive 2008/105/EC
Article 8 a – paragraph 1 – point a
Article 8 a – paragraph 1 – point a
(a) present the chemical status information separately from that forof these substances as well as those of the rest of the substances separately in the river basin management plans produced in accordance with Article 13 of Directive 2000/60/EC, without prejudice to the requirements of Section 1.4.3 of Annex V to that Directive regarding the presentation of the overall chemical status, and/or
Amendment 112 #
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 1 – subparagraph 2
Article 8 b – paragraph 1 – subparagraph 2
The watch list shall contain no more thanat least 25 substances or groups of substances at any given time and shall indicate the monitoring matrix for each substance. The substances shall be selected from among those for which the available information indicates that they may pose a significant risk at Union level to or via the aquatic environment. In selecting the substances for the watch list the Commission shall take into account all available information including research projects, Member States' characterisation and monitoring programmes under Articles 5 and 8 of Directive 2000/60/EC and information on physico-chemical and toxicological properties, particle size, production volumes, use patterns, concentrations in the environment and effects, including that gathered in accordance with Directives 98/8/EC, 2001/82/EC and 2001/83/EC of the European Parliament and of the Council, and with Regulation (EC) No 1907/2006 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council.
Amendment 139 #
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 4 – subparagraph 2
Article 8 b – paragraph 4 – subparagraph 2
Each Member State shall select at least one station per, on average, 15for every 40000 km2 geographical area, with a minimum of oneor alternatively, at least one station for every 2.0 million inhabitants, whichever is the higher, with a minimum of two stations. Member States may choose to limit the number of stations to 30 per Member State.
Amendment 142 #
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 4 – subparagraph 3
Article 8 b – paragraph 4 – subparagraph 3
In selecting the representative stations, the monitoring frequency and timing for each substance, Member States shall take into account the use patterns of the substance. The frequency of monitoring shall not be less than once per yearthree months.
Amendment 160 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
Notwithstanding the first subparagraph, following the date of entry into force of this Directive, Member States shall include the revised list of priority substances and their EQS into their first update of the river basin management plan pursuant to Article 13 of Directive 2000/60/EC.
Amendment 167 #
Proposal for a directive
Annex I – table – row 25
Annex I – table – row 25
Directive 2000/60/EC
Annex I – table – row 25
Annex I – table – row 25
(25) not applicable not applicable Octylphenols X
Amendment 192 #
Proposal for a directive
Annex I – table – row 48 a (new)
Annex I – table – row 48 a (new)
Directive 2000/60/EC
Annex X – table – row 48 a (new)
Annex X – table – row 48 a (new)
(48a) 15687-27-1 239-784-6 Ibuprofen
Amendment 201 #
Proposal for a directive
Annex I – footnote 4
Annex I – footnote 4
Directive 2000/60/EC
Annex X – footnote 4
Annex X – footnote 4
Amendment 221 #
Proposal for a directive
Annex II – footnote 5
Annex II – footnote 5
Directive 2008/105/EC
Annex I – Part A – footnote 5
Annex I – Part A – footnote 5
5 For the group of priority substances covered by brominated diphenylethers (No 5), the EQS should be compared with the sum of the concentrations of congener numbers 28, 47, 99, 100, 153 and 154. At the next review of the list of priority substances, the Commission shall review the EQS for brominated diphenylethers based on all relevant congeners of brominated diphenylethers.