EU strengthens water quality regulatory framework with new obligations on pollutants

On 20 April, Directive (EU) 2026/805 of the European Parliament and of the Council of 30 March 2026 amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC, was published in the OJEU.  on the protection of groundwater against pollution and deterioration, and Directive 2008/105/EC on environmental quality standards in the field of water policy.

The new regulation introduces relevant modifications to the European regulatory framework on water, in particular in relation to the identification and control of pollutants, the updating of environmental quality standards and the strengthening of monitoring mechanisms.

The Directive is part of the objectives of the European Green Deal and the "Zero Pollution" Action Plan, and responds to the need to adapt current regulations to scientific advances and the emergence of new risks for bodies of water, both surface and groundwater.

Among the main amendments introduced by the Directive are the following:

• The lists of priority substances and pollutants in surface and groundwater are reviewed and supplemented, introducing new, stricter environmental quality standards, incorporating emerging pollutants and providing for the possibility of establishing standards for the sum of substances, especially for groups such as PFAS, bisphenols or pesticides.
• Attention to contaminants of growing concern, such as PFAS, certain pharmaceutical products or microplastics, is reinforced, and the development of methodologies for their control and eventual regulation is encouraged.
• More advanced evaluation methods are introduced, promoting the use of monitoring techniques, cumulative risk analysis derived from mixtures of substances and uses of new monitoring technologies, including digital tools or remote sensing.
• The scope of surface water chemical status is expanded to include watershed-specific pollutants.
• Mechanisms for harmonising threshold values and standards applicable to certain pollutants are introduced, as well as measures aimed at improving the comparability of the status of water bodies between Member States.
• Monitoring and reporting obligations are strengthened by increasing the frequency and systematisation of the information that Member States must provide.
• The concept of "deterioration of status" of water bodies is defined, incorporating the interpretation of the Court of Justice of the European Union, and the conditions under which certain activities can be considered compatible with this principle are specified.

The approval of this directive anticipates a strengthening of the regulatory framework applicable to water quality and the control of pollutants. Without prejudice to the fact that any further development of the regulation and the terms under which the Member States proceed to transpose it will have to be analysed (for which they have until 21 December 2027), companies will have to analyse the possible impact of the new regulated substances on their discharges, emissions or activities, as well as their adaptation to future more demanding standards.