Changes from plenary report to plenary report

RemovedRecital 2 c (new): (2c) Coherence between Directive 2000/60/EC of the European Parliament and of the Council1a and this Directive is necessary. / 1a Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

AddedThe Commission specifically regrets that the co-legislators did not agree on an empowerment to amend Annex II, which is particularly necessary in light of the need to update the monitoring requirements set out in Annex II to scientific and technical progress.

RemovedRecital 2 d (new): (2d) The requirements set out in this Directive should reflect the national situation and conditions of the water suppliers in the Member States.

AddedDECLARATION BY THE COMMISSION ON THE PROCEDURE OF ADOPTION OF IMPLEMENTING ACTS

RemovedRecital 3: (3) It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council68 and Directive 2001/83/EC of the European Parliament and of the Council69. However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. However, that obligation should not extend to the microbiological parameters set out in Part A of Annex I to this Directive. In the case of water intended for human consumption from public water supply or private wells put into bottles or containers intended for sale or used in the commercial manufacture, preparation or treatment of food, the water should, as a matter of principle, continue to comply with the provisions of this Directive until the point of compliance, and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council70. Where applicable food safety requirements are met, competent authorities in the Member States should have the power to authorise the reuse of water in food processing industries. / 68 Directive 2009/54/EC of …

AddedThe Commission underlines that it is contrary to the letter and to the spirit of Regulation (EU) No 182/2011 to invoke point (b) of the second subparagraph of Article 5(4), without proper justification. Recourse to this provision must respond to a specific need to depart from the rule of principle, which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established in Article 5(4), it cannot be simply seen as a "discretionary power" of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.

RemovedRecital 4: (4) Following the conclusion of the European citizens' initiative on the right to water (Right2Water)71 which called on the Union to increase its efforts to achieve universal access to water, a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed72 . It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited reliance on a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption and the implications this has for human health. In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, among vulnerable and marginalised groups, has limited or no access to affordable water intended for human consumption, which is also a commitment made under Sustainable Development Goal 6 of UN Agenda 2030. In this context, the European Parliament recognised a right of access to water intended for human consumption for all in the Union. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European C…

AddedSHORT JUSTIFICATION

RemovedRecital 4 a (new): (4a) In order to fulfil the ambitious goals set up under the United Nations' Sustainable Development Goal No 6, Member States should be obliged to implement action plans to ensure universal and equitable access to safe and affordable drinking water for all by 2030.

AddedThe Council position at first reading reflects the agreement reached between the Parliament and the Council in interinstitutional negotiations at early second reading stage, after legal-linguistic verification. Since the Committee on the Environment, Public Health and Food Safety (ENVI), at its vote of 18 February 2020, already confirmed the outcome of those interinstitutional negotiations, as your rapporteur I am proposing that ENVI recommend that the plenary confirm the position of the Council at first reading, without amending it.

RemovedRecital 4 b (new): (4b) The European Parliament adopted resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water.

RemovedAs acknowledged by the European Commission the proposal of recast takes into account the European Parliament resolution as adopted on September the 8th, 2015.

RemovedRecital 5: (5) The World Health Organisation (WHO) Regional Office for Europe conducted a detailed review of the list of parameters and parametric values laid down in Directive 98/83/EC in order to establish whether there is a need to adapt it in light of technical and scientific progress. In view of the results of that review74, enteric pathogens and Legionella should be controlled and six chemical parameters or parameter groups should be added. The WHO recommendations, which are based on the most up-to-date scientific data and evidence at international level, should be followed and the parametric values adjusted accordingly. For lead, the WHO noted that concentrations should be as low as reasonably practical, and for chromium, the value remains under WHO review.

RemovedRecital 5 a (new): (5a) Water intended for human consumption plays a fundamental role in the Union's ongoing efforts to strengthen the protection of human health and the environment against endocrine-disrupting chemicals. The regulation of endocrine-disrupting compounds in this Directive constitutes a promising step in line with the updated Union strategy on endocrine disruptors, which the Commission is obliged to deliver without any further delay.

RemovedRecital 6: deleted / (deleted)

RemovedWHO recommendation moved to Recital 5.

RemovedRecital 6 a (new): (6a) Where scientific knowledge is not sufficient to determine the human health risk, or absence thereof, of a substance present in water intended for human consumption, or the permissible value for the presence of that substance, it should be placed on a watchlist, on the basis of the precautionary principle, until there are clearer scientific data. Endocrine-disrupting substances in water intended for human consumption are a case in point, since, as scientific knowledge currently stands, they pose no potential risk to human health, but, in the light of their potential risk to the environment, it is warranted to place them on a watchlist. Accordingly, Member States should monitor such emerging parameters separately.

RemovedRecital 6 b (new): (6b) Indicator parameters have no direct public-health impact. However, they are important as a means of determining how water production and distribution facilities are functioning and of evaluating water quality. They can help to identify water treatment deficiencies and they also play an important role in increasing and maintaining consumer confidence in water quality. Therefore, they should be monitored by Member States.

RemovedRecital 7: (7) Where necessary for full implementation of the precautionary principle and to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I .

RemovedCreates consistency with the proposed approach in the file on the precautionary principle

RemovedRecital 8: (8) Preventive safety planning and risk-based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO’s Guidelines for Drinking Water Quality16. Those Guidelines, laying down the so-called "Water Safety Plan" approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost-effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should be based on the knowledge gained and actions carried out under Directive 2000/60/EC and should take into account more effectively the impact of climate change on water resources. A risk-based approach should consist of three components: first, an assessment by the Me…

RemovedRecital 8 a (new): (8a) Ineffective use of water resources, in particular leakage in the water supply infrastructure, leads to over exploitation of scarce resources of water intended for human consumption. This severely hinders the Member States in reaching the objectives set under Directive 2000/60/EC.

RemovedRecital 9: (9) The hazard assessment should take a holistic approach to risk assessment, founded on the explicit aim of reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of, or a risk of pollution of, water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazard and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazard identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council18), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). In accordance with Directive 2000/60/EC, those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source or risk, in cooperation with all stakeholders, including those responsible for pollutant or potential pollutant sources. Where a Member State finds, via the hazard assessment, that a parameter is not present in a given abs…

RemovedRecital 11: (11) The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens, in particular Legionella pneumophila, which accounts for most cases of Legionnaires’ disease in the Union. It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs and would contravene the principle of subsidiarity, a domestic distribution risk assessment is therefore more suited to address this issue, with a special focus on priority premises. In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials in contact with water intended for human consumption. …

RemovedRecital 12: (12) The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption or providing sufficient protection with regard to human health. National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. That situation stems from the fact that there are no minimum European hygiene standards for all products and materials in contact with water intended for human consumption, which is essential for fully ensuring mutual recognition between Member States. The removal of technical barriers and conformity of all products and materials in contact with water intended for human consumption at Union level can, therefore, only be effectively achieved by establishing minimum quality requirements at Union level. As a consequence, those provisions should be strengthened by means of a procedure for harmonisation of such products and materials. That work should draw on the experience gained and advances made by a number of Member States that have been working together for some years, in a concerted effort, to bring about regulatory convergence. / (deleted)

RemovedRecital 13: (13) Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive. Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers but, where necessary, Member States should clarify with which competent authorities the obligations stemming from the transposition of this Directive lie. A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual.

RemovedRecital 13 a (new): (13a) Given that water suppliers are both fragmented and numerous, encouragement and incentives should be offered for the use of common standards and practice for rapid exchange of data whenever necessary and in any event for the purposes of continuous monitoring. New technologies can boost this dynamic at a modest or, at any rate, reasonable cost, with a view ultimately to providing more information to end-users, both citizens and stakeholders, and improving dynamics between water suppliers. Data exchange should, in addition, help to reduce waste or, as far as possible, keep it within bounds.

RemovedWider ranging data exchange and facilitation thereof constitute added value, not least in terms of the safety and quality of water for human consumption, and the cost would probably not even be hard to meet. Lastly, data exchange could also be helpful in combating waste.

RemovedRecital 14: (14) The risk-based approach should be applied by all water suppliers, including small and medium-sized water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations. When applying the risk-based approach, security concerns and concerns relating to the ‘polluter pays’ principle should be taken into account. For smaller suppliers, the competent authority should support the monitoring operations by providing expert support.

RemovedRecital 14 a (new): (14a) In order to deliver the strongest protection for public health, Member States should ensure a clear and balanced distribution of responsibilities for the application of the risk-based approach in line with their national institutional and legal framework.

RemovedRecital 15: (15) In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted, and citizens who could be affected should be duly informed. In addition, in the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters, Member States should determine whether exceeding the values constitutes a potential risk to human health. To that end, Member States should take account of, in particular, the extent to which minimum requirements have not been met and the type of parameter concerned. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source.

RemovedNecessary for pressing reasons relating to the internal logic of the text.

RemovedRecital 15 a (new): (15a) It is important to prevent contaminated water causing a potential danger to human health. Therefore, the supply of such water should be prohibited or its use restricted.

RemovedRecital 16: (16) Member States should be authorised to grant derogations from this Directive. Derogations were initially used to allow Member States up to nine years to resolve a non-compliance with a parametric value. This procedure has proved to be useful for Member States, given the level of ambition of the Directive. It should be noted, however, that, in some cases, it has led to delays in remedial actions being taken, as the possibility for derogation was sometimes considered to be a transitional period. In the light of the fact, firstly, that the quality parameters in this Directive are to be strengthened and, secondly, that emerging pollutants are being increasingly detected, requiring stepped-up evaluation, monitoring and management actions, it remains, nonetheless, necessary to maintain a derogation procedure that is in keeping with those circumstances, provided that they do not constitute a potential risk to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. The provision in Directive 98/83/EC on derogations should therefore be amended so as to ensure faster and more effective compliance by Member States with the requirements of this Directive. Derogations granted by Member States pursuant to Article 9 of Directive 98/83/EC and still applicable at the date of entry into force of this Directive should continue to apply in accordance with the arrangements laid down b…

RemovedRecital 17: (17) The Commission, in its reply to the European citizens’ initiative ‘Right2Water’ in 201483, invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to "improve access to safe drinking water […] for the whole population through environmental policies"84. This is in line with Articles 1 and 2 of the Charter of Fundamental Rights of the European Union. This is also in line with UN Sustainable Development Goal 6 and the associated target to "achieve universal and equitable access to safe and affordable drinking water for all". The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons, lack of infrastructure or the specific situation of certain parts of the populations), quality, acceptability, or financial affordability. Concerning affordability of water, it is important to recall that, without prejudice to Article 9(4) of Directive 2000/60/EC, when setting water tariffs in accordance with the principle of recovery of costs set out in that Directive, Member States may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio-economic disadvantage. This Directive deals, in particular, with the aspects of access to water which are related to quality and availability. To address those aspects, as p…

RemovedRecital 18: (18) The European Parliament, in its Resolution on the "follow-up to the European citizens’ initiative Right2Water"86, "requested that Member States should pay special attention to the needs of vulnerable groups in society"87. The specific situation of minority cultures, such as Roma and Travellers, whether sedentary or not – in particular their lack of access to drinking water – was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies88 and the Council Recommendation on effective Roma integration measures in the Member States89. In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Taking into account the principle of recovery of costs set out in Directive 2000/60/EC, Member States should improve access to water for vulnerable and marginalised groups without jeopardising the supply of universally affordable high-quality water. Without prejudice to the right of the Member States to define those groups, they should at least include refugees, nomadic communities, homeless people and minority cultures such as Roma and Travellers, whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via t…

RemovedRecital 19: (19) The 7th Environment Action Programme to 2020 ‘Living well, within the limits of our planet’90, requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information that is comprehensible and relevant to consumers and easily accessible, for instance in a booklet, a website or a smart application. The up-to-date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as the outcome of actions taken to monitor water suppliers as regards water quality parameters and information on indicator parameters listed in Part Ba of Annex I. For very large water suppliers, additional information on, inter alia, management, tariff structure and treatment applied, should also be available on-line. The purpose of better consumer knowledge of relevant information and improved transparency should be to increase citizens' confidence in the water supplied to them, as well as in water services, and should lead to an increased use of tap water as drinking water, which could contribute to reduced plastic usage and litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole.

RemovedRecital 20: (20) For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information in an easily accessible manner, for instance on their invoice or by smart application on the volume consumed per year, changes in consumption, a comparison with average household consumption, where such information is available to the water supplier, the structure of the tariff charged by the water supplier, including the distribution of variable and fixed parts of it, as well as on the price per litre of water intended for human consumption, thereby allowing a comparison with the price of bottled water.

RemovedRecital 21: (21) The fundamental principles to be considered in the setting of water tariffs, without prejudice to Article 9(4) of Directive 2000/60/EC, namely recovery of costs for water services and polluter pays, are set out in that Directive. However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage levels – mainly due to such under-investment – have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. In line with the principle of subsidiarity, in order to raise awareness of this issue, the information related to it should be shared in a more transparent way with consumers.

RemovedRecital 22: (22) Directive 2003/4/EC of the European Parliament and of the Council91 aims at guaranteeing the right of access to environmental information in the Member States. It encompasses broad obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council92 is also of broad scope, covering the sharing of spatial information, including data-sets on different environmental topics. It is important that provisions of this Directive related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Directive on information to the public and on information on monitoring of implementation should be without prejudice to Directives 2003/4/EC and 2007/2/EC.

RemovedRecital 25: (25) Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gathered and data collected during the implementation of the Directive, on any available WHO recommendations, and on relevant scientific, analytical and epidemiological data.

RemovedRecital 28: (28) In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive, and take measures necessary under the changes set out under Article 10a. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom96 and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be delet…

RemovedArticle 1 – paragraph 1: 1. This Directive concerns the quality of water intended for human consumption for all in the Union.

RemovedNecessary for reasons related to the internal logic of the text. The introduction of the access to water (Article 13) was not reflected in Article 1 of the COM Proposal.

RemovedArticle 1 – paragraph 2: 2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean, and to promote universal access to water intended for human consumption.

RemovedNecessary for reasons related to the internal logic of the text. The introduction of the access to water (Article 13) was not reflected in Article 1 of the COM Proposal.

RemovedArticle 2 – paragraph 1 – point 1: 1. ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or for other food purposes, or other domestic purposes in both public and private premises, including food businesses, regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or put in bottles or containers.

RemovedArticle 2 – paragraph 1 – point 2: (Does not affect the English version.)

RemovedArticle 2 – paragraph 1 – point 3: 3. 'water supplier' shall mean a legal entity supplying at least 10 m3 of water intended for human consumption a day as an average.

RemovedArticle 2 – paragraph 1 – point 3 a (new): 3a. 'very small water supplier' shall mean a water supplier supplying less than 50 m3 per day or serving less than 250 people.

RemovedArticle 2 – paragraph 1 – point 4: 4. 'small water supplier' shall mean a water supplier supplying less than 500 m3 per day or serving less than 2 500 people.

RemovedArticle 2 – paragraph 1 – point 4 a (new): 4a. 'medium water supplier' shall mean a water supplier supplying at least 500 m3 per day or serving at least 2 500 people.

RemovedArticle 2 – paragraph 1 – point 5: 5. 'large water supplier' shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 25 000 people.

RemovedArticle 2 – paragraph 1 – point 6: 6. 'very large water supplier' shall mean a water supplier supplying at least 20 000 m3 per day or serving at least 100 000 people.

RemovedArticle 2 – paragraph 1 – point 7: 7. 'priority premises' shall mean large non-household premises with many people, in particular vulnerable people, potentially exposed to water-related risks, such as hospitals, healthcare institutions, retirement homes, schools, universities and other education facilities, crèches and nurseries, sport, recreation, leisure and exhibition facilities, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States.

RemovedArticle 2 – paragraph 1 – point 8 a (new): 8a. ‘food business’ shall mean a food business as defined in point (2) of Article 3 of Regulation (EC) No 178/2002.

RemovedNecessary for pressing reasons relating to the internal logic of the text. This definition clarifies the meaning of the term in this Directive and ensures consistency with the legislation already in place.

RemovedArticle 3 – paragraph 1 a (new): 1a. For water used in food businesses for the manufacture, processing, preservation or marketing of products or substances intended for human consumption, only Articles 4, 5, 6 and 11 of this Directive shall apply. However, none of the articles of this Directive shall apply where an operator of a food business can demonstrate to the satisfaction of the competent national authorities that the quality of the water it uses does not affect the hygiene of the products or substances resulting from its activities and that such products or substances comply with Regulation (EC) No 852/2004 of the European Parliament and of the Council1a. / 1a Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 3 – paragraph 1 b (new): 1b. A producer of water intended for human consumption that is put into bottles or containers shall not be considered a water supplier. / Provisions of this Directive shall apply to water intended for human consumption put into bottles or containers insofar as they are not covered by obligations under other Union legislation.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 3 – paragraph 1 c (new): 1c. Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Articles 1 to 7 and 9 to 12 of this Directive and its Annexes.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 4 – paragraph 1 – point c: (c) Member States have taken all other measures necessary to comply with the requirements set out: / (i) in Articles 4 to 12 of this Directive for water intended for human consumption supplied to the final consumers from a distribution network or from a tanker; / (ii) in Articles 4, 5 and 6 and Article 11(4) of this Directive for water intended for human consumption put into bottles or containers in a food business; / (iii) in Articles 4, 5, 6 and 11 of this Directive for water intended for human consumption produced and used in a food business for the production, processing and distribution of food.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 4 – paragraph 2: 2. Member States shall ensure that the measures taken to implement this Directive adhere fully to the precautionary principle and in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption .

RemovedThe link to theprecautionary principle should be made explicit in this Article as,particularly with the introduction of the risk-based approach, this principleshould underpin the approach to the obligations upon Member States throughoutthis Directive

RemovedArticle 4 – paragraph 2 a (new): 2a. Member States shall take measures to ensure that competent authorities carry out an assessment of the water leakage levels on their territory and of the potential for improvements in water leakage reduction in the drinking water sector. That assessment shall take into account relevant public health, environmental, technical and economic aspects. Member States shall adopt, by 31 December 2022, national targets to reduce the leakage levels of water suppliers in their territory by 31 December 2030. Member States may provide meaningful incentives to ensure that water suppliers in their territory meet the national targets.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 4 – paragraph 2 b (new): 2b. If a competent authority in charge of the production and distribution of water intended for human consumption hands over the management of all or part of the water production or supply activities to a water supplier, the contract between the competent authority and the water supplier shall specify each party’s responsibilities under this Directive.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 5 – paragraph 1: 1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I.

RemovedNecessary for pressing reasons relating to the internal logic of the text.

RemovedArticle 5 – paragraph 1 a (new): 1a. The values set pursuant to paragraph 1 shall not be less stringent than those set out in Parts A, B and Ba of Annex I. As regards the parameters set out in Part Ba of Annex I, the values shall be set only for monitoring purposes and for the sake of ensuring that the requirements set out in Article 12 are met.

RemovedNecessary for pressing reasons relating to the internal logic of the text.

RemovedArticle 5 – paragraph 2 – subparagraph 1 a (new): The Member States shall take all necessary measures to ensure that the treatment agents, the materials, and the disinfection procedures used for disinfection purposes in water supply systems do not adversely affect the quality of water intended for human consumption. Any contamination of water intended for human consumption from the use of such agents, materials and procedures shall be minimised without, however, compromising the effectiveness of the disinfection.

RemovedNecessary for pressing reasons relating to the internal logic of the text.

RemovedArticle 6 – paragraph 1 – introductory part: The parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A, B and C, shall be complied with:

RemovedArticle 6 – paragraph 1 – point c: (c) in the case of water intended for human consumption put into bottles or containers, at the point at which the water is put into the bottles or containers;

RemovedArticle 6 – paragraph 1 – point c a (new): (ca) in the case of water used in a food business where water is supplied by a water supplier, at the point of delivery in the food business.

RemovedArticle 6 – paragraph 1 a (new): 1a. In the case of water covered by point (a) of paragraph 1, Member States shall be deemed to have fulfilled their obligations under this Article, where it can be established that non-compliance with the parameters provided for in Article 5 is caused by a private distribution system or the maintenance thereof, except as regards priority premises.

RemovedArticle 7 – paragraph 1 – point a: (a) a hazard assessment of bodies of water or parts of bodies of water used for the abstraction of water intended for human consumption, carried out by Member States in accordance with Article 8;

RemovedArticle 7 – paragraph 1 – point b: (b) a supply risk assessment carried out by the water suppliers in each water supply system for the purposes of safeguarding and monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C;

RemovedArticle 7 – paragraph 1 a (new): 1a. Member States may adapt the implementation of the risk-based approach, without compromising the objective of this Directive concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or accessibility of water supply zone.

RemovedArticle 7 – paragraph 1 b (new): 1b. Member States shall ensure a clear and appropriate distribution of responsibilities between stakeholders, as defined by the Member States, for the application of the risk-based approach with regard to the bodies of water used for the abstraction of water intended for human consumption and domestic distribution systems. Such distribution of responsibilities shall be tailored to their institutional and legal framework.

RemovedArticle 7 – paragraph 2: 2. Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, taking account of the requirement, provided for in Article 7 of Directive 2000/60/EC, for Member States to identify bodies of water, and updated where necessary.

RemovedArticle 7 – paragraph 3: 3. Supply risk assessments shall be carried out by water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary.

RemovedArticle 7 – paragraph 3 a (new): 3a. Pursuant to Articles 8 and 9 of this Directive, Member States shall take the necessary corrective measures under the programmes of measures and river basin management plans provided for in Articles 11 and 13 of Directive 2000/60/EC respectively.

RemovedArticle 7 – paragraph 4: 4. Domestic distribution risk assessments in the premises referred to in Article 10(1) shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary.

RemovedArticle 8 – title: Hazard assessment, monitoring and management of bodies of water used for the abstraction of water intended for human consumption

RemovedArticle 8 – paragraph 1 – introductory part: 1. Without prejudice to Directive 2000/60/EC, in particular Articles 4 to 8, Member States shall, in cooperation with their competent water authorities, ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements:

RemovedArticle 8 – paragraph 1 – point a: (a) identification of and geo-references for all abstraction points in the bodies or parts of bodies of water covered by the hazard assessment. Given that the data referred to in this point are potentially sensitive, in particular in the context of public health protection, the Member States shall ensure that such data are protected and communicated only to the relevant authorities;

RemovedArticle 8 – paragraph 1 – point b: (b) mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC;

RemovedThis would go beyond the scope of the Drinking Water Directive in terms of protected areas (nature protection and nutrient sensitive areas are also part of protected areas under Art. 6). Drinking water protected areas have to be identified according to Art. 7, no need for a reference to Art. 6.

RemovedArticle 8 – paragraph 1 – point c: (c) identification of hazards and possible pollution sources affecting the bodies of water, or parts of bodies of water, covered by the hazard assessment. Such identification of pollution sources shall be regularly updated in accordance with Article 7. To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive;

RemovedArticle 8 – paragraph 1 – point d – introductory part: (d) regular monitoring in the bodies or parts of bodies of water covered by the hazard assessment of pollutants that are relevant for the water supply and that are selected from the following lists:

RemovedArticle 8 – paragraph 1 – point d – point iv: (iv) parameters for monitoring purposes only in Part Ca of Annex I, or other relevant pollutants such as, microplastics, provided that a methodology to measure microplastics as specified in Article 11(5b) is in place, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive.

RemovedArticle 8 – paragraph 1 – subparagraph 1 a (new): Very small water suppliers may be exempted from the requirements referred to in points (a), (b) and (c) of this paragraph, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters referred to in those points. This exemption shall be reviewed by the competent authority at least every three years and updated where necessary.

RemovedArticle 8 – paragraph 3: deleted / (deleted) / (deleted)

RemovedArticle 8 – paragraph 4: deleted

RemovedArticle 8 – paragraph 5– subparagraph 1 – introductory part: On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders:

RemovedArticle 8 – paragraph 5 – subparagraph 1 – point a: (a) prevention measures to avoid treatment or reduce the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC, as well as measures to reduce leakages in the system;

RemovedArticle 8 – paragraph 5 – subparagraph 1 – point a a (new): (aa) ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take preventive measures to reduce or avoid the level of treatment required and to safeguard the water quality, including measures referred to in point (d) of Article 11(3) of Directive 2000/60/EC as well as additional measures deemed necessary on the basis of the monitoring carried out under point (d) of paragraph 1 of this Article;

RemovedArticle 8 – paragraph 5 – subparagraph 1 – point b: (b) mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source and avoid any additional treatment, when prevention measures are considered not viable or not effective enough to address the pollution source in a timely manner;

RemovedIn some Member States, water operators do not have the legal powers to decide and implement preventive or mitigation measures alone because this power is with the public authorities. To ensure consistency with provisions of Article 7.3 in the Water Framework Directive, preventive measures should be preferred when possible to reduce the level of treatment required.

RemovedArticle 8 – paragraph 5 – subparagraph 1 – point b a (new): (ba) where measures set out in points (aa) and (b) have not been deemed sufficient to provide adequate protection for human health, require water suppliers to carry out additional monitoring of certain parameters at the point of abstraction or treatment, if strictly necessary to prevent health risks.

RemovedArticle 8 – paragraph 5 a (new): 5a. Member States shall inform water suppliers using the body or parts of bodies of water covered by the hazard assessment of the results of the monitoring carried out under point (d) of paragraph 1 and may, on the basis of those monitoring results, and of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC: / (a) allow water suppliers to decrease the monitoring frequency of certain parameters, or the number of parameters being monitored, without requiring them to carry out a supply risk assessment, provided that the parameters concerned are not core parameters within the meaning of point 1 of Part B of Annex II, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water; / (b) where a water supplier is allowed to decrease the monitoring frequency as referred to in point (a), continue to regularly monitor those parameters in the body of water covered by the hazard assessment.

RemovedArticle 9 – title: Supply risk assessment, monitoring and management

RemovedArticle 9 – paragraph 1 – subparagraph 1: Member States shall ensure that water suppliers perform a supply risk assessment in accordance with Part C of Annex II, providing for the possibility to adjust the monitoring frequency for any parameter listed in Annex I, parts A, B and Ba that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water.

RemovedArticle 9 – paragraph 1 – subparagraph 2: For those parameters Member States shall ensure that water suppliers can deviate from the sampling frequencies set out in Annex II, part B, in accordance with the specifications set out in Part C of Annex II, and depending on their occurrence in the raw water and the treatment set-up.

RemovedArticle 9 – paragraph 1 – subparagraph 3: To that end, water suppliers shall take into account the results of the hazard assessment carried out in accordance with Article 8 of this Directive and of the monitoring carried out pursuant to Article 7(1) and Article 8 of Directive 2000/60/EC.

RemovedArticle 9 – paragraph 1 a (new): 1a. Member States may exempt very small water suppliers from paragraph 1, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters and deems there to be no risk to human health as a result of such exemptions, and without prejudice to the authority’s obligations under Article 4. / The exemption shall be reviewed by the competent authority every three years or when any new pollution hazard is detected in the catchment area, and updated where necessary.

RemovedArticle 9 – paragraph 2: 2. Supply risk assessments shall be the responsibility of the water suppliers who shall ensure that they comply with this Directive. To this end, water suppliers may request the support of competent authorities. / Member States may require competent authorities to approve or monitor water suppliers’ supply risk assessments.

RemovedArticle 9 – paragraph 2 a (new): 2a. On the basis of the results of the supply risk assessment carried out pursuant to paragraph 1, Member States shall ensure that water suppliers establish a water safety plan tailored to the risks identified and proportionate to the size of the water supplier. By way of example, that water safety plan may concern the use of materials in contact with water, water treatment products, possible risks stemming from leaking pipes, or measures to adapt to present and future challenges, such as climate change, and shall be further specified by the Member States.

RemovedArticle 10 – title: Domestic distribution risk assessment, monitoring and management

RemovedArticle 10 – paragraph 1 – introductory part: 1. Member States shall ensure that a domestic distribution risk assessment is performed in priority premises, comprising the following elements:

RemovedArticle 10 – paragraph 1 – point a: (a) an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption;

RemovedArticle 10 – paragraph 1 – point b – subparagraph 1: (b) regular monitoring of the parameters listed in Annex I, part C, in priority premises where specific risks to water quality have been identified during the assessment performed under point (a).

RemovedArticle 10 – paragraph 1 – point b – subparagraph 2: With regard to the regular monitoring, Member States shall ensure access to installations in priority premises for the purposes of sampling and may set up a monitoring strategy, in particular as regards Legionella pneumophila;

RemovedArticle 10 – paragraph 1 – point c: (c) a verification of whether the performance of products and materials in contact with water intended for human consumption is adequate in relation to the protection of human health.

RemovedArticle 10 – paragraph 1 – point c a (new): (ca) a verification of whether the materials used are suitable for contact with water intended for human consumption and whether the requirements specified in Article 11 are met.

RemovedArticle 10 – paragraph 2: 2. Where Member States consider, on the basis of the assessment carried out under paragraph 1(a), that there is a risk to human health stemming from the domestic distribution system in priority premises or from the related products and materials, or where monitoring carried out in accordance with paragraph 1(b) demonstrates that the parametric values set out in Annex I, part C, are not met, Member States shall ensure that appropriate measures are taken to eliminate or reduce the risk of non-compliance with the parametric values set out in Part C of Annex I. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 10 – paragraph 2 a (new): 2a. With a view to reducing the risks connected to domestic distribution across all the domestic distribution systems, Member States shall: / (a) encourage owners of public and private premises to carry out a domestic distribution risk assessment; / (b) inform consumers and owners of public and private premises about measures to eliminate or reduce the risk of non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system; / (c) duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring; / (d) promote training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products and materials in contact with water; and / (e) for Legionella, in particular Legionella pneumophila, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks of the disease.

RemovedArticle 10 a (new): Article 10a / Minimum hygiene requirements for products, substances and materials in contact with water intended for human consumption / 1. Member States shall take all necessary measures to ensure that substances and materials for the manufacture of all new products in contact with water intended for human consumption, placed on the market and used for abstraction, treatment or distribution, or the impurities associated with such substances: / (a) do not directly or indirectly reduce the protection of human health provided for in this Directive; / (b) do not affect the smell or taste of water intended for human consumption; / (c) are not present in water intended for human consumption at a concentration above the level necessary to achieve the purpose for which they are used; and / (d) do not promote microbial growth. / 2. For the purposes of ensuring the harmonised application of paragraph 1, by ... [three years after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by laying down the minimum hygiene requirements and the list of substances that are used for production of materials in contact with water intended for human consumption, and are approved in the Union, including specific migration limits and special conditions of use wherever applicable. The Commission shall regularly review and update this list in line with the latest scientific and technological develo…

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 11 – paragraph 1: 1. Member States shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out, in order to check that it meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples shall be taken so that they are representative of the quality of the water consumed throughout the year. In addition, Member States shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 11 – paragraph 5 a (new): 5a. Member States shall communicate to the Commission the results of the monitoring carried out in accordance with the monitoring of parameters listed in Part Ca of Annex I by ... [three years from the date of entry into force of this Directive], and thereafter once a year. / The Commission is empowered to adopt delegated acts in accordance with Article 19 in order to amend this Directive by updating the substances included on the watch list set out in Part Ca of Annex I. The Commission may decide to add substances where there is a risk of such substances being present in water intended for human consumption and posing a potential risk to human health, but in respect of which scientific knowledge has not demonstrated a risk to human health. To that end, the Commission shall make use in particular of the scientific research of the WHO. The addition of any new substance shall be duly justified under Article 1 of this Directive.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 11 – paragraph 5 b (new): 5b. By ... [one year after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by adopting a methodology to measure the microplastics listed in the watch list set out in Part Ca of Annex I.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 12 – paragraph 1: 1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 at the point of compliance referred to in Article 6 is immediately investigated in order to identify the cause.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 12 – paragraph 2 – subparagraph 2: In case of non-compliance with the parametric values set out in Annex I, part C, remedial action shall include the measures set out in Article 10(2a).

RemovedArticle 12 – paragraph 3 – subparagraph 2: Member States shall consider a failure to meet the minimum requirements for parametric values set out in Annex I, parts A and B, as a potential danger to human health, except where the competent authorities consider the non-compliance with the parametric value to be trivial.

RemovedArticle 12 – paragraph 4 – introductory part: 4. In the cases described in paragraphs 2 and 3, where the non-compliance with the parametric values is considered to be a potential danger to human health, Member States shall as soon as possible take all of the following measures:

RemovedArticle 12 – paragraph 4 – subparagraph 1 a (new): The measures referred to in points (a), (b) and (c) shall be taken in cooperation with the water supplier concerned.

RemovedArticle 12 – paragraph 5: 5. Where non-compliance is established at the point of compliance, the competent authorities or other relevant bodies shall decide what action under paragraph 3 shall be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedArticle 12 a (new): Article 12a / Derogations / 1. Member States may provide for derogations from the parametric values set out in Part B of Annex I, or set in accordance with Article 5(2), up to a maximum value to be determined by them, provided that such derogations do not constitute a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Such derogations shall be limited to the following cases: / (a) a new water supply zone; / (b) a new source of pollution detected in a water supply zone or parameters newly searched or detected. / Derogations shall be limited to as short a time as possible and shall not exceed three years in duration, towards the end of which period Member States shall conduct a review to determine whether sufficient progress has been made. / In exceptional circumstances, a Member State may grant a second derogation in respect of points (a) and (b) of the first subparagraph. Where a Member State intends to grant such a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. Such second derogation shall not exceed three years in duration. / 2. Any derogation granted in accordance with paragraph 1 shall specify the following: / (a) the grounds for the derogation; / (b) the parameter concerned, previous relevant monitoring results, and the maximum permissible value unde…

RemovedArticle 13 – paragraph 1: 1. Without prejudice to Article 9 of Directive 2000/60/EC and to the principles of subsidiarity and proportionality, Member States shall, whilst taking into account the local and regional perspectives and circumstances for water distribution, take all necessary measures to improve universal access for all to water intended for human consumption and promote its use on their territory. / To this end, Member States shall identify people without access, or with limited access, to water intended for human consumption, including vulnerable and marginalised groups, and reasons for lack of access, assessing possibilities to improve access for those people and informing them clearly about possibilities of connecting to the distribution network or about alternative means to have access to such water. / Member States shall also take measures, such as: / (a) setting up and maintaining outdoor or indoor equipment, including refill points, for free access to water intended for human consumption in public spaces, where doing so proves technically feasible and proportionate in relation to the need for such measures. Such measures shall also take account of specific local conditions, such as climate and geography; / (i) launching campaigns to inform citizens about the high quality of tap water; / (ia) launching campaigns to encourage the general public to carry reusable water bottles and launching initiatives to raise awareness of the location of refill points; / (iii) encouraging the provisi…

RemovedArticle 13 – paragraph 2 – subparagraph 1: On the basis of the information gathered under paragraph 1(a), Member States shall take measures that they consider necessary and appropriate to ensure access to water intended for human consumption for vulnerable and marginalised groups.

RemovedArticle 13 – paragraph 2 a (new): 2a. Where obligations under this Article are incumbent on local public authorities under national law, Member States shall ensure that such authorities have the means and resources to ensure access to water intended for human consumption and that any measures in that regard are proportionate to: / (i) the resources of the distribution network concerned; / (ii) the size of the network; and / (iii) the expected benefits.

RemovedArticle 14 – paragraph 1: 1. Member States shall ensure that adequate, up-to-date and accessible information on water intended for human consumption is available, online or in other user-friendly ways, to all persons supplied, in accordance with Annex IV, while complying with applicable data protection rules.

RemovedArticle 14 – paragraph 2 – subparagraph 1 – introductory part: Member States shall ensure that all persons supplied receive regularly and at least once a year, and in the most appropriate and easily accessible form (for instance on their invoice or by smart applications) as determined by the competent authorities, the following information:

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point a – introductory part: (a) where costs are recovered through a tariff system, information on the tariff charged per cubic metre of water intended for human consumption, including the distribution of fixed and variable costs;

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point a – point i: deleted

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point a – point ii: deleted

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point a – point iii: deleted

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point a – point iv: deleted

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point a a (new): (aa) information on the quality of water intended for human consumption, including the indicator parameters;

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point b: (b) where the costs are recovered through a tariff system, the price of the supply of water intended for human consumption per cubic metre, and the price invoiced per litre; where the costs are not recovered through a tariff system, the total annual costs borne by the water system to ensure compliance with this Directive, accompanied by contextual and relevant information on how water intended for human consumption is supplied to the area;

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point b a (new): (ba) the treatment and distribution of water intended for human consumption;

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point c: (c) the volume consumed by the household, at least per year or per billing period, together with yearly trends of household consumption, if technically feasible and only if this information is available to the water supplier;

RemovedArticle 14 – paragraph 2 – subparagraph 1 – point d: (d) comparisons of the yearly water consumption of the household with an average consumption for a household, when applicable in accordance with point (c);

RemovedArticle 14 – paragraph 2 – subparagraph 2: Member States shall set out a clear division of responsibilities with regard to the provision of information under the first subparagraph between water suppliers, stakeholders and competent local bodies. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Directive by specifying the format of, and modalities to present, the information to be provided under the first subparagraph.

RemovedArticle 15 – paragraph 1 – subparagraph 1 – point d: (d) set up, and update annually thereafter, a data set containing information on drinking water incidents that have caused potential risk to human health, regardless of whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected at least 1 000 people, including the causes of those incidents and remedial actions taken in accordance with Article 12.

RemovedArticle 15 – paragraph 4 – subparagraph 1: 4. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Directive by specifying the format of, and modalities to present, the information to be provided in accordance with paragraphs 1 and 3, including detailed requirements regarding the indicators, the Union-wide overview maps and the Member State overview reports referred to in paragraph 3.

RemovedArticle 15 – paragraph 4 – subparagraph 2: deleted

RemovedArticle 17 – paragraph 2 – point b: (b) provisions related to access to water set out in Article 13 and the share of the population without access to water;

RemovedArticle 17 – paragraph 2 – point c: (c) provisions concerning the information to be provided to the public under Article 14 and Annex IV, including a user friendly overview at Union level of the information listed in point 7 of Annex IV..

RemovedArticle 17 – paragraph 2 a (new): 2a. The Commission shall, no later than ... [five years after the final deadline for transposition of this Directive] — and afterwards where appropriate —submit a report to the European Parliament and to the Council on the potential threat to sources of water intended for human consumption from microplastics, medicines and, if necessary, other newly occurring pollutants and on the appropriate associated potential health risks. The Commission is empowered to adopt, if necessary, delegated acts in accordance with Article 19 in order to supplement this Directive by establishing maximum levels for microplastics, medicinal products and other newly occurring pollutants in water intended for human consumption.

RemovedIt is important to monitor newly occurring substances in drinking water and to be able to introduce parameter values where a health risk is identified. An EU-wide standard approach to setting or deriving maximum levels is necessary to ensure the same level of protection throughout the EU.

RemovedArticle 18 – paragraph 2 a (new): 2a. By ... [five years after the date of entry into force of this Directive], the Commission shall review whether Article 10a has led to a sufficient level of harmonisation of hygienic requirements on materials and products in contact with water intended for human consumption and, if necessary, take further appropriate measures.

RemovedArticle 23 – paragraph 2: 2. Derogations granted by Member States in accordance with Article 9 of Directive 98/83/EC that are still applicable by [end-date for transposition of this Directive] shall remain applicable until the end of their duration.

RemovedThe changed value for BPA in this amendment seeks to correct a typing mistake made by the Commission in transposing the WHO recommendations.

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedAnnex II – part B – point 1 – paragraph 1: Escherichia coli (E. coli) and enterococci are considered 'core parameters' and may not be subject to a supply risk assessment in accordance with part C of this Annex. They shall always be monitored at the frequencies set out in Table 1 of point 2.

RemovedAnnex II – part D – point 2 a (new): 2a. samples for Legionella in domestic distribution systems shall be taken at risk points for proliferation of and/or exposure to Legionella pneumophila. Member States shall establish guidelines for sampling methods for Legionella;

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedAnnex II a (new): Minimum hygiene requirements for substances and materials for the manufacture of new products coming into contact with water intended for human consumption: / (a) a list of substances approved for use in the manufacture of materials, including, but not limited to, organic materials, elastomers, silicones, metals, cement, ion exchange resins and composite materials, and products made therefrom. / (b) specific requirements for the use of substances in materials and products made therefrom. / (c) specific restrictions on the migration of certain substances into water intended for human consumption. / (d) hygiene rules regarding other properties required for compliance. / (e) basic rules to verify compliance with points (a) to (d). / (f) rules concerning sampling and analysis methods to verify compliance with points (a) to (d).

RemovedNecessary for pressing reasons relating to the internal logic of the text and for more clarity.

RemovedAnnex IV – title: INFORMATION TO THE PUBLIC

RemovedAnnex IV – paragraph 1 – introductory part: The following information shall be accessible to consumers on-line or in equally user-friendly and customized ways:

RemovedAnnex IV – paragraph 1 – point 1: (1) identification of the relevant water supplier, the area and number of people supplied, and the method of water production;

RemovedAnnex IV – paragraph 1 – point 2 – introductory part: (2) a review of the most recent monitoring results per water supplier, for parameters listed in Annex I, parts A , B and Ba , including frequency relevant to the area of interest to the person supplied, together with and the parametric value set in accordance with Article 5.The monitoring results must not be older than:

RemovedAnnex IV – paragraph 1 – point 3: (3) in case of potential danger to human health as determined by competent authorities following an exceedance of the parametric values set in accordance with Article 5, information on the potential danger to human health and the associated health and consumption advice or a hyperlink providing access to such information;

RemovedAnnex IV – paragraph 1 – point 4: deleted

RemovedAnnex IV – paragraph 1 – point 5: (5) information on the indicator parameters listed in part Ba of Annex 1 and associated parametric values; / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedAnnex IV – paragraph 1 – point 6: (6) advice to consumers including on how to reduce water consumption where appropriate and use water responsibly according to local conditions;

RemovedAnnex IV – paragraph 1 – point 7: (7) for large and very large water suppliers, annual information on:

RemovedAnnex IV – paragraph 1 – point 7 – point a: (a) the overall performance of the water system in terms of efficiency, including leakage levels as determined by the Member States;

RemovedAnnex IV – paragraph 1 – point 7 – point b: (b) information on management model and the ownership structure of the water supply by the water supplier

RemovedAnnex IV – paragraph 1 – point 7 – point d: (d) where costs are recovered through a tariff system, information on the structure of the tariff per cubic meter of water, including fixed and variable costs as well as costs related to measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(4), treatment and distribution of water intended for human consumption, and costs related to measures for the purposes of Article 13, where such measures have been taken by water suppliers;

RemovedAnnex IV – paragraph 1 – point 7 – point e: (e) the amount of investment undertaken, under way and planned, as well as the financing plan;

RemovedAnnex IV – paragraph 1 – point 7 – point g: (g) summary and statistics of consumer complaints, and how they are resolved;

RemovedAnnex IV – paragraph 1 – point 8: (8) access to historical data for information under points (2) and (3), dating back up to 10 years, and not earlier than the date of transposition of this Directive upon request.

RemovedAccess to high quality drinking water remains an important issue for EU citizens and one which affects their daily lives, their health and their activities. The Drinking Water Directive is one of the pillars of current EU water legislation. Initially drafted at the end of the 1980s, today this text ensures a compliance rate of over 99 % with regard to high-quality water supply in the EU. However, Directive 98/83/EC has been in force for 20 years and has not undergone any significant recasts since then. This revised directive thus aims to align drinking water quality standards with the most up-to-date scientific data and to adapt the legislative framework in order better to meet new challenges, such as climate change and the transition to a circular economy.

RemovedIn its REFIT evaluation, the Commission identified four areas with room for improvement, namely the list of parameters, the use of a risk-based approach, the need for greater transparency and consumer access to information on the water they consume and lastly, the materials which come into contact with drinking water. Your rapporteur fully supports these priorities and proposes a number of amendments as summarised below.

RemovedUpdating drinking water quality parameters

RemovedThe quality parameters set out in Annex I are the cornerstone of this directive. They set the level of ambition of the text in order to achieve its very purpose, namely the quality of water for human consumption. The parameters have not been revised in depth since 1998, which prompted the European office of the World Health Organisation (WHO) to issue some recommendations with a view to updating the list of parameters and parametric values laid down in Directive 98/83/EC. While your rapporteur endorses the Commission’s approach incorporating most of the WHO recommendations for updating the list of parameters, he does not support the proposals to adopt a stricter framework for several parameters in accordance with the precautionary principle. Based as they are on the most comprehensive scientific state of the art, the WHO recommendations on water for human consumption provide the necessary human health safeguards. However, the setting of stricter parametric values for some substances, without any broad scientific consensus, would entail higher costs for all drinking water operators, starting with water suppliers which might carry out additional treatment. On the other hand, the introduction of values for new parameters, as proposed by the Commission (e.g. endocrine disruptors and microplastics), raises two issues. Firstly, since these values are based on environmental criteria, it is doubtful whether they are relevant in terms of their application to a text concerning human health. Endocrine disruptors are a case in point. Secondly, despite the growing interest they are arousing, research on microplastics is still at an early stage. In the absence of any firm evidence and of an analytical method validated by the scientific community, in your rapporteur’s view this parameter should not be added to the text. Applying the precautionary principle and in keeping with the Water Framework Directive (2000/60/EC), he proposes introducing a list of parameters that should be placed on a ‘watch list’ in order to contribute to the improvement of scientific knowledge and anticipate the management of emerging pollutants.

RemovedLetting Member States retain responsibility for compliance with water quality standards

RemovedOnce ambitious quality standards have been established, compliance with those standards is a prerequisite for achieving the purpose of this directive in practice. Since it is an EU directive, and in accordance with the principle of subsidiarity, your rapporteur believes that Member States should retain responsibility for enforcing these minimum quality requirements. To that end, he wishes to make the Member States responsible, in particular through their national drinking water authorities, for assessing the risks to human health in the event of non-compliance with the parametric values. Should those values be exceeded, this does not constitute per se a potential risk to human health. That depends on the type of parameter concerned (whether or not it is a basic parameter) and the level of non-compliance.

RemovedFurthermore, your rapporteur takes the view that the derogations should be maintained, whilst adapting them to circumstances and encouraging swifter, more effective compliance by Member States. This revised directive is very ambitious and takes a new (risk-based) approach which warrants a necessary period of adjustment for Member States and for water suppliers. Removing the option to use derogations could have a counter-productive effect, by encouraging water suppliers to prioritise curative treatments to the detriment of prevention measures. That would run counter to the rationale behind the risk-based approach.

RemovedA complete risk-based approach

RemovedPartially introduced in the 2015 revision, on a non-binding basis, the complete risk-based approach as proposed by the Commission on the basis of WHO recommendations is fully endorsed by your rapporteur. This will mean better water management to prevent the risk of pollution as early as possible and thus avoid or reduce the treatment of water intended for human consumption at the end of the chain. Several adjustments are deemed necessary.

RemovedFirst of all, the sharing of responsibilities between the various stakeholders responsible for water (the state, competent authorities, water suppliers, those responsible for pollution or the risk of pollution, citizens) could be clarified, in particular in Articles 7 to 10 of the draft revision. Accordingly, the risk-based approach should be applied in the light of the subsidiarity, precautionary and ‘polluter pays’ principles.

RemovedThe dovetailing of the draft directive with other EU legislation in the field of water policy could also be improved. The implementation of the risk-based approach is closely linked to the objectives and provisions of the Water Framework Directive (2000/60/EC), in particular with regard to the hazard assessment and potential sources of pollution. As regards the implementation of the hazard assessment and risk management for the bodies of water used for the abstraction of water intended for human consumption, this could be somewhat clarified to ensure appropriate synergy between the two directives and avoid overlapping.

RemovedThe implementation of the risk-based approach should also be proportional to the size and resources of water suppliers. This will substantially alter the way in which water suppliers operate. It will involve investments in infrastructure and will generate new operational costs, which have not been adequately taken into account in the Commission’s impact assessment. One example of this is the cost of sampling for the monitoring of water quality. Your rapporteur thus proposes a number of adaptation measures for small and medium-scale water suppliers whose resources are more limited.

RemovedWhile your rapporteur agrees with the finding that a number of health problems relating to water intended for human consumption are linked to domestic distribution systems (in buildings), which calls for fresh measures, he takes the view that the Commission proposal is not fully consistent with the subsidiarity principle. In particular, the measures relating to risk assessment across all domestic distribution networks appear to encroach upon the prerogatives of the Member States.

RemovedYour rapporteur supports an ambitious approach when it comes to priority premises accessed by large numbers of people or sensitive groups of individuals (government departments, schools, hospitals, etc.). For the rest, and for most domestic distribution systems, your rapporteur believes that greater information should be given to consumers and building owners, to encourage those responsible to take the necessary measures.

RemovedHarmonisation of materials and products that come into contact with water

RemovedThe provisions of Directive 98/83/EC concerning the equipment and materials that come into contact with water did not succeed in removing the obstacles to the internal market. Mutual recognition between Member States does not work. This is due, in particular, to the lack of minimum hygiene requirements for such products and materials. Doubts have been raised as to how this directive dovetails with Regulation (EU) No 305/2011 on construction materials. The latter does not cover all products and materials in contact with water and does not enable minimum quality requirements to be established, that being a prerequisite for fully ensuring mutual recognition between Member States. Uncertainties also remain with regard to the scope and time frame of the mandate given to the European Committee for Standardisation (CEN).

RemovedIn order to remove these obstacles and ensure the safety of products and materials in contact with water, your rapporteur prefers to take an approach geared to harmonisation and the establishment of minimum quality standards. This work should draw on the relevant experience gained and advances made by a number of Member States.

RemovedAccess to water for all

RemovedThis new article is an important step forward and is based on the goal of achieving universal and equitable access to safe and affordable drinking water for all and on the European Citizens’ Initiative ‘Right2Water’. Your rapporteur supports this and proposes several adjustments to ensure that this provision complies with the principle of subsidiarity and proportionality. First of all, he believes that the provisions of the directive should prioritise access to high-quality and affordable water for all and thus avoid any unnecessary and unjustified safety measures which might increase the price of water for all consumers.

RemovedIn accordance with the principle of cost recovery under Directive 2000/60/EC, according to which ‘water pays for water’, your rapporteur also takes the view that the provisions of this article should not lead to disproportionate costs for the local government authorities in charge of water, which would have a knock-on effect on consumers’ water bills. Accordingly, a number of measures should be encouraged at Member State level.

RemovedTransparency and information for consumers

RemovedTransparency concerning water quality information and how it is provided to consumers is likely to encourage water operators to make every effort to meet their obligations in this area. In your rapporteur’s view, such information is necessary, provided that it is comprehensible, relevant and easily accessible to consumers. Furthermore, public information should not be implemented in such a way as to reduce public confidence in water intended for human consumption.