Status box Agenda item: 1c Title: Preparations for the next CIS Work Programme: proposal to develop guidance on chemical monitoring of priority substances Version no.: 2 Date:31 May 2012 Version history: Version 1 was submitted to the Strategic Coordination Group ahead of its meeting in May 2012, and the Group agreed at that meeting to forward the proposal to the Water Directors. Version 2 has been retitled/formatted for the Water Directors and contains a minor edit (clarification in parenthesis) in section 3 regarding the requirement for alternative EQS but is otherwise unchanged. Author(s): Jorge Rodríguez Romero and Helen Clayton (ENV) The Water Directors are invited to: Support the proposal to develop further CIS guidance on chemical monitoring and priority substances as well as undertake supporting technical development work under the next CIS Work Programme. 1 Preparations for the next CIS Work Programme: proposal to develop guidance on chemical monitoring of priority substances 1. The assessment of chemical status – choice of matrix for EQS and monitoring The Commission is currently assessing the first generation of RBMP reported by the Member States. One of the important conclusions that can be drawn from the assessment is the lack of comparability in the assessment of chemical status. In principle, the assessment of chemical status under the WFD is straightforward: the concentrations of priority substances in water bodies need to be compared with environmental quality standards (EQS). If the concentrations of all substances are below the EQS, the water body is in good chemical status. If there is any concentration above the EQS, the water body fails to achieve good chemical status. The EU wide EQS should ensure the comparability of the assessments across all Member States. However, the implementation of this concept is complicated by a series of technical issues that hinder comparability significantly, namely: - The availability of analytical methods which are able to measure reliably the concentrations of substances at the level of the respective EQS. Priority substances are among the most dangerous for the aquatic environment. Their high toxicity is often reflected in very low EQS. These low levels can pose challenges to the state of the art analytical techniques. - Linked to the previous point, the matrix where the substances are measured can have a very important influence in the assessment of chemical status. The WFD provides for integral protection of the aquatic environment against chemical pollution, and of animal and human health via that environment. It provides for the establishment of appropriate EQS in water, sediment and/or biota. Some of the most dangerous priority substances are very hydrophobic and tend to bioaccumulate in sediment or in biota. The 2008 EQS Directive establishes only water EQS except for three substances for which a biota EQS is specified. The Directive also provides full flexibility for Member States to establish EQS (providing the same level of protection) and to monitor chemical status in other matrices. Given the lack of sufficiently sensitive analytical methods for hydrophobic substances in water, the choice of matrix often becomes a critical factor having a major impact on the assessment of chemical status and thus on the comparability of Member States' assessments: if Member States choose to monitor in biota, widespread failures are found whereas if the choice is to monitor in water, the analytical methods fail to detect the substance. In January 2012 the Commission proposed a number of modifications to the EQS Directive to solve this comparability issue. Based on the latest scientific developments in EQS setting (see CIS Guidance 27 on deriving EQS), biota standards were developed and proposed for bioaccumulative substances that are difficult to measure in water. As a result, the comparability issue and issues related to it are being discussed at the Council Working Group. The CIS Guidance Documents 19 and 25 already address various aspects of chemical monitoring for surface waters, sediment and biota. 2 2. The identification of the areas where further CIS guidance is needed Based on the elements mentioned above, DG Environment has identified the following items that merit consideration for further development of CIS guidance: a) Biota monitoring: issues such as species, age, size, part analysed, etc have been addressed in general terms in CIS guidance 25. Building on this, further guidance could be provided to recommend concrete solutions applicable to EU river basins. Considerations related to specific water categories should also be included (coastal waters vs freshwater). b) Setting EQS for other biota classes based on fish standards: in general biota standards have been set for fish. If Member States choose another biota class (e.g. mussels), a different EQS providing the same level of protection needs to be developed. A specific practical guidance for this purpose could be developed that is consistent with CIS Guidance 27, with various levels of complexity depending on the information available. c) Analytical methods for priority substances: the guidance 19 and 25 could be expanded and updated to include possible new priority substances and to update the methods available for the existing priority substances. The guidance could include the outcomes of the current work by CEN on the basis of the Mandate 424 (which includes the development of standard methods for 4 existing priority substances). Where appropriate analytical techniques are not available, specific actions should be recommended to develop suitable methods, within the CIS or through alternative means (e.g. CEN). The work would be carried out by the Working Group E on Chemical Aspects (points a and c through the Chemical Monitoring and Emerging Pollutants (CMEP) Sub-Group). 3. Additional technical development work Also in the context of the above discussion, it has become clear that some technical innovations could improve the representativeness of chemical monitoring results and circumvent the analytical difficulties associated with low water concentrations. Some progress has already been made in developing, for example, passive sampling techniques, but other innovative methods are emerging which can also address implementation challenges. However, they are not yet ready for routine application, not least because (in the case of passive sampling) alternative EQS would have to be developed. The CMEP could pursue this area of work to support the implementation of chemical monitoring requirements in the longer term. 4. The proposal The Water Directors are invited to support the proposal to develop further CIS guidance on chemical monitoring and priority substances as well as undertake supporting technical development work under the next CIS Work Programme. 3