Annexes to COM(2018)847 - Delegated acts of the Commission under Directive 2008/105/EC on environmental quality standards in the field of water policy

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dossier COM(2018)847 - Delegated acts of the Commission under Directive 2008/105/EC on environmental quality standards in the field of water policy.
document COM(2018)847 EN
date December 17, 2018
Annex I to the Directive, i.e. specifications relating to the fraction 4 in which the water environmental quality standards are defined and specifications relating to the assessment of compliance with the environmental quality standards for metals.


2. LEGAL BASIS

This report is required under Article 9a(2) of Directive 2008/105/EC as amended by Directive 2013/39/EU. Pursuant to this provision, the power to adopt delegated acts referred to in Article 3(8) is conferred on the Commission for a period of six years from 13 September 2013 and the Commission is required to prepare 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 is automatically extended for periods of an identical duration, unless the European Parliament or the Council oppose such extension in accordance with Article 9a.


3. EXERCISE OF THE DELEGATION

A similar empowerment was included in the original version of Directive 2008/105/EC but not used before the Directive was amended by ordinary legislative procedure in 2013. The 2013 amendment made some changes to the text in point 3 of Part B of Annex I to reflect technical advances relating to the assessment of compliance with the environmental quality standards for metals, in particular to acknowledge the introduction of bioavailable annual average environmental quality standards for two metals in freshwaters, and the progress made on bioavailability modelling.


The scientific and technical developments since then have not yet required any further adaptation of point 3 of Part B of Annex I, therefore the Commission has not exercised its delegated power during the reporting period. However, it may be necessary to use the delegated power in future, in particular since the need to take account of relevant scientific or technical developments might not coincide with the timing of other possible future amendments to the Directive.


4. CONCLUSION

The Commission has not exercised the delegated power conferred on it under Directive 2008/105/EC but may need to do so in the future. It invites the European Parliament and the Council to take note of this report.

(1)

 OJ L 348, 24.12.2008, p. 84–97

(2)

 OJ L 226, 24.8.2013, p. 1–17

(3)

 OJ L 327, 22.12.2000, p. 1–73

(4)

i.e. whole water or dissolved fraction.