Changes from plenary report to plenary report

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.