Changes from plenary report to plenary report

RemovedEXPLANATORY STATEMENT

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.