Article 8b Watch list

The watch list shall contain a maximum of 10 substances, groups of substances, or indicators of pollution at any one time and shall indicate the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs for the competent authorities. The substances to be included in the watch list shall be selected from amongst the 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. The watch list shall include substances of emerging concern.

On the basis of the scientific reports prepared by ECHA in accordance with paragraph 1a, 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 costs are available. By 1 December 2027, the Commission shall identify such methods of sampling and analysis.

When updating the watch list, the Commission shall remove any substance or indicator from the watch list for which a risk-based assessment as referred to in Article 16(2) of Directive 2000/60/EC can be conducted without additional monitoring data. However, an individual substance, group of substances, or indicator may be kept on the watch list for another period of maximum three years where additional monitoring data are needed to assess the risk to the aquatic environment.

Each updated watch list shall also include one or more additional substances, groups of substances, or indicators for which the Commission considers, on the basis of the scientific reports of ECHA, that there could be a widespread risk to or via the aquatic environment, subject to the updated watch list containing a maximum of 10 substances, groups of substances, or indicators, in accordance with paragraph 1.

Microplastics and indicators of antimicrobial resistance shall not be kept on the 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.

Each Member State shall select at least one monitoring station, plus one station if it has more than one million inhabitants, plus the number of stations equal to its geographical area in km2 divided by 60 000 , rounded to the nearest integer, plus the number of stations equal to its population divided by five million, 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 no less than twice per year when carried out in water and no less than once per year when carried out in sediment or biota. When higher frequencies are required, as for substances that are sensitive to climatic or seasonal variabilities, the increase in frequency shall be set out and technically justified in the implementing act establishing the watch list adopted pursuant to paragraph 1.

Where a Member State is in a position to generate and provide the Commission with 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 monitoring matrices and the methods of analysis referred to in the implementing act establishing the watch list, as well as with Commission Directive 2009/90/EC ( 14 ).

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, this assessment by ECHA shall be taken into account in the review of the lists of substances in Annex I or Part C of Annex II to this Directive, in accordance with Article 16 of Directive 2000/60/EC.