Environmental Quality Standards (EQS) for priority substances and certain other pollutants

Version 24 December 2008 (L348/92)

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

PART A: Environmental Quality Standards (EQS) for Priority Substances in surface water

 CAS: Chemical  Abstracts Service.

 This parameter is the EQS expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all isomers.

 Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.

 This parameter is the EQS expressed  as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as ‘not applicable´, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.

 For the group of priority substances covered by brominated diphenylethers (No 5) listed in Decision No 2455/2001/EC, an EQS is established only for congener numbers 28, 47,  99, 100, 153 and 154.

 For cadmium and its compounds (No 6) the EQS values vary depending on the hardness of the water as specified in five class categories  (Class 1: < 40 mg CaCO3/l, Class 2: 40 to < 50 mg CaCO3/l, Class 3: 50 to < 100 mg CaCO3/l, Class 4: 100 to < 200 mg CaCO3/l and Class 5: ? 200 mg CaCO3/l).

 This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in the legislation that applied prior to
13 January 2009.

 DDT total comprises the  sum  of the  isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl)  ethane (CAS number  50-29-3;  EU number  200-024-3);  1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl)  ethane (CAS  number 789-02-6; EU number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl)  ethylene (CAS  number 72-55-9;
EU number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 72-54-8; EU number 200-783-0).

 If Member  States do not apply EQS for biota they shall introduce stricter EQS for water in order to achieve the same level of protection as the EQS for biota set out in Article 3(2) of this Directive. They shall notify the Commission and other Member States, through the Committee referred to in Article 21 of Directive 2000/60/EC, of the reasons and basis for using this approach, the alternative  EQS for water established, including the data and the methodology by which the alternative  EQS were derived, and the categories of surface water to which they would apply.

 For the group of priority substances of polyaromatic hydrocarbons (PAH) (No 28), each individual  EQS is applicable, i.e. the EQS for Benzo(a)pyrene, the EQS for the sum of Benzo(b)fluoranthene  and Benzo(k)fluoranthene and the EQS for the sum of Benzo(g,h,i)perylene and Indeno(1,2,3-cd)pyrene must be met.

PART B: APPLICATION OF THE EQS SET OUT IN PART A

1. Columns 4 and 5 of the table: For any given surface water body, applying the AA-EQS means that, for each representative monitoring point within the water body, the arithmetic mean of the concentrations measured at different times during the year does not exceed the standard. The calculation of the arithmetic mean, the analytical method used and, where there is no appropriate analytical method meeting the minimum performance criteria, the method of applying an EQS must be in accordance with implementing acts adopting technical specifications for chemical monitoring and quality of analytical results, in accordance with Directive 2000/60/EC.

2. Columns 6 and 7 of the table: For any given surface water body, applying the MAC-EQS means that the measured concentration at any representative monitoring point within the water body does not exceed the standard. However, in accordance with section 1.3.4 of Annex V to Directive 2000/60/EC, Member States may introduce statistical methods, such as a percentile calculation, to ensure an acceptable level of confidence and precision for determining compliance with the MAC-EQS. If they do so, such statistical methods shall comply with detailed rules laid down in accordance with the regulatory procedure referred to in Article 9(2) of this Directive.

3. With the exception of cadmium, lead, mercury and nickel (hereinafter ‘metals´) the EQS set up in this Annex are expressed as total concentrations in the whole water sample. In the case of metals the EQS refers to the dissolved concentration, i.e. the dissolved phase of a water sample obtained by filtration through a 0,45 μm filter or any equivalent pre-treatment. Member States may, when assessing the monitoring results against the EQS, take into account:
(a) natural background concentrations for metals and their compounds, if they prevent compliance with the EQS value; and
(b) hardness, pH or other water quality parameters that affect the bioavailability of metals.