Chemical status is determined from the defined EU-wide environmental quality standards for the 33 priority substances currently listed in the EC Water Framework Directive and 8 other substances regulated on a European-wide basis under the older Directive on pollution caused by certain dangerous substances discharged into the aquatic environment (Directive 2006/11/EC, formerly: 76/464) and the action value for nitrate 50 mg/l nitrate under the EU Nitrates Directive. The provisions of the Environmental Quality Standard (EQS) Directive 2008/105/EC and the Nitrates Directive were adopted into Annex 7 of the Surface Waters Ordinance in 2011. The environmental quality standards Directive 2008/105/EG was updated in 2013 (2013/39/EU), and now regulates a total of 45 priority substances, which shall be included into the Surface Waters Ordinance by 2015. The standards for the 12 new priority substances will come into force in 2018. Additionally standards for eleven "old" substances have been amended.
The chemical status is assessed in two classes: If the environmental quality standards is complied with, the status is "good", otherwise it is "not good". "Good chemical status" is an environmental for all waterbodies - "natural", "artificial" and "heavily modified" ones. These are labeled blue for “good” and red for “not good chemical status”. Priority substances must be measured if there are any emissions.
There are two kinds of environmental quality standards: An annual average standard (AA-EQS) is set for all priority substances. For selected ones with high acute toxicity, a maximum allowable concentration (MAC-EQS) is additionally specified, which must not be exceeded in all samples. A MAC-EQS is considered necessary where the ratio of acute to chronic toxicity is less than 12. For hexachlorobenzene, hexachlorobutadiene and mercury, which highly accumulate within the food chain, an environmental quality standard for biota was additionally defined. The Member States are at liberty to specify an environmental quality standard for water corresponding to this biota figure for analytical monitoring. Germany has choosen this for HCB and hexchlorobutadiene, but not for mercury due to methodological problems.
The environmental quality standard for coastal waters and seas were set using test results for marine organisms as well. If such tests are not available the inland surface water standard is just devided by 10 to derive a coastal and sea standard. The marine protection conventions prompted the objective of phasing out emissions of priority hazardous substances within one generation. 21 of the 45 priority substances are prioritized as hazardous.
The EC Water Framework Directive stipulated that the priority substances listed in Annex X should be revised every four years. This was extended to 6 years in accordance with the management plans by Directive 2013/39/EU. The new Directive has reduced the level of monitoring required for the so-called ubiquitous, non degradable and widespread dispersed substances, including mercury and dioxins. Also new is the mandatory watch list with a maximum of 14 substances. For the first upcoming list diclofenac and the two hormones E2 and EE2 are already nominated by the directive. The watch list must be updated every 2 years, and a substance must not remain on the list for more than 4 years.