Text · Plenary report

On the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)

Report A-9-2020-0241 · 06230/3/2020 – C90354/2020 – 2017/0332(COD)

Kind: Plenary report A-9-2020-0241
Date: 3 December 2020
Committee: Committee on the Environment, Public Health and Food Safety
Rapporteur: Christophe Hansen
Dossier: 2017-0332

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Formats: Official page PDF Word
Reference: 06230/3/2020 – C90354/2020 – 2017/0332(COD)

Formats: Official page PDF Word
Reference: 06230/3/2020 – C90354/2020 – 2017/0332(COD)

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In short

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The report recommends that Parliament approve the Council's first-reading position on a directive on the quality of water intended for human consumption (recast). The Council position reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second reading stage. The report takes note of two Commission statements annexed to the resolution, on delegated acts and on the procedure for adopting implementing acts.

Position. The committee recommends that Parliament approve the Council position at first reading without amending it, since the position reflects the agreement reached in interinstitutional negotiations and the committee had already confirmed that outcome.

Key points

Parliament approves the Council position at first reading on the directive on the quality of water intended for human consumption (recast).
Parliament takes note of the Commission statements annexed to the resolution.
Parliament notes that the act is adopted in accordance with the Council position.
The Commission regrets that the co-legislators limited its power to modify the annexes of the revised Drinking Water Directive to Annex III, while it had sought to modify Annexes I to IV.
The Commission specifically regrets that the co-legislators did not agree on a power to amend Annex II, which it says is needed to update monitoring requirements to scientific and technical progress.
The Commission states that invoking point (b) of the second subparagraph of Article 5(4) of Regulation (EU) No 182/2011 without proper justification is contrary to the letter and spirit of that regulation.
The Commission says recourse to that provision must respond to a specific need to depart from the rule that it may adopt a draft implementing act when no opinion is delivered, and must be interpreted restrictively and justified.
The rapporteur proposes that the Committee on the Environment, Public Health and Food Safety recommend that the plenary confirm the Council position at first reading without amending it.

Who is affected

People relying on water intended for human consumption, covered by the directive on its quality.
The Commission, whose powers to modify the directive's annexes are limited to Annex III.
The co-legislators, Parliament and the Council, whose choice on implementing acts is criticised by the Commission.

Figures and deadlines

Annex III: the only annex the Commission may modify under the revised Drinking Water Directive.
Annexes I to IV: the annexes the Commission had sought a power to modify in its original proposal.
Annex II: the annex the Commission specifically regrets it cannot amend.
Article 5(4), second subparagraph, point (b), of Regulation (EU) No 182/2011: the provision whose invocation the Commission says must be justified.

Legal basis. Article 294(7) of the Treaty on the Functioning of the European Union.

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Draft european parliament legislative resolution

(06230/3/2020 – C90354/2020 – 2017/0332(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–having regard to the Council position at first reading (06230/3/2020 – C90354/2020),

–having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council and the United Kingdom House of Commons, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–having regard to the opinion of the European Economic and Social Committee of 12 July 2018,

–having regard to the opinion of the Committee of the Regions of 16 May 2018,

–having regard to its position at first reading on the Commission proposal to Parliament and the Council (COM(2017)0753),

–having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

–having regard to Rule 67 of its Rules of Procedure,

–having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A9-0241/2020),

1.Approves the Council position at first reading;

2.Takes note of the Commission statements annexed to this resolution;

3.Notes that the act is adopted in accordance with the Council position;

4.Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

5.Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

6.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Short justification

The 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.

Back matter, 1

Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.

Annex to the legislative resolution 5 blocks

DECLARATION BY THE COMMISSION ON DELEGATED ACTS IN THE DRINKING WATER DIRECTIVE

The Commission regrets the decision of the co-legislators to limit its empowerment to modify the annexes of the revised Drinking Water Directive to Annex III, whereas the Commission had sought an empowerment to modify Annexes I to IV in its original proposal.

The 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.

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

The 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.

Procedure pages and committee votes

How the committees handled the text and how their members voted on it. Collapsed.

Procedure – committee responsible 1 block

Table from the text: Title
Title	Quality of water intended for human consumption (recast)
References	06230/3/2020 – C9-0354/2020 – 2017/0332(COD)
Date of Parliament’s first reading – P number	28.3.2019 T8-0320/2019
Commission proposal	COM(2017)0753 - C8-0019/2018
Receipt of Council position at first reading announced in plenary	13.11.2020
Committee responsible Date announced in plenary	ENVI 13.11.2020
Rapporteurs Date appointed	Christophe Hansen 18.7.2019
Discussed in committee	21.10.2019	6.11.2019	2.12.2019	20.1.2020
Date adopted	1.12.2020
Result of final vote	+: –: 0:	73 2 5
Members present for the final vote	Nikos Androulakis, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurelia Beigneux, Monika Beňová, Sergio Berlato, Alexander Bernhuber, Malin Björk, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Bas Eickhout, Cyrus Engerer, Eleonora Evi, Agnès Evren, Pietro Fiocchi, Andreas Glück, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Joanna Kopcińska, Peter Liese, Sylvia Limmer, Javi López, César Luena, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Dan-Ştefan Motreanu, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Stanislav Polčák, Jessica Polfjärd, Luisa Regimenti, Frédérique Ries, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Ivan Vilibor Sinčić, Linea Søgaard-Lidell, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Michal Wiezik, Tiemo Wölken, Anna Zalewska
Substitutes present for the final vote	Sven Giegold, Karin Karlsbro, Ulrike Müller, Andrey Slabakov
Date tabled	3.12.2020

Final vote by roll call in committee responsible 3 blocks

73 · For

EPP: Traian Băsescu, Nathalie Colin-Oesterlé, Christian Doleschal, Agnès Evren, Adam Jarubas, Ewa Kopacz, Esther de Lange, Peter Liese, Fulvio Martusciello, Liudas Mažylis, Dolors Montserrat, Dan-Ştefan Motreanu, Ljudmila Novak, Stanislav Polčák, Jessica Polfjärd, Christine Schneider, Edina Tóth, Pernille Weiss, Michal Wiezik
S&D: Nikos Androulakis, Marek Paweł Balt, Monika Beňová, Simona Bonafè, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Cyrus Engerer, Jytte Guteland, Javi López, César Luena, Alessandra Moretti, Sándor Rónai, Günther Sidl, Petar Vitanov, Tiemo Wölken
RENEW: Pascal Canfin, Andreas Glück, Martin Hojsík, Jan Huitema, Karin Karlsbro, Ulrike Müller, Frédérique Ries, Nicolae Ştefănuță, Linea Søgaard-Lidell, Nils Torvalds, Véronique Trillet-Lenoir
ID: Simona Baldassarre, Aurelia Beigneux, Marco Dreosto, Catherine Griset, Joëlle Mélin, Luisa Regimenti, Silvia Sardone
GREENS/EFA: Margrete Auken, Bas Eickhout, Sven Giegold, Pär Holmgren, Yannick Jadot, Tilly Metz, Ville Niinistö, Grace O'Sullivan
ECR: Sergio Berlato, Pietro Fiocchi, Joanna Kopcińska, Rob Rooken, Andrey Slabakov, Alexandr Vondra, Anna Zalewska
GUE/NGL: Anja Hazekamp
No group: Eleonora Evi, Athanasios Konstantinou, Ivan Vilibor Sinčić

2 · Against

ID: Sylvia Limmer
GUE/NGL: Mick Wallace

5 · Abstained

EPP: Alexander Bernhuber
ID: Teuvo Hakkarainen
GUE/NGL: Malin Björk, Petros Kokkalis, Silvia Modig

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Permalink: https://news.eu-parl.st-solutions.dev/texts/A-9-2020-0241
Official source: The text on the European Parliament’s website
Data source: EP Open Data API: document record
Licensed CC BY 4.0.
Retrieved: 25 September 2026

Cite as

European Parliament (2020). “RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)”. Text, 3 December 2020. docId A-9-2020-0241, reference A9-0241/2020. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-9-2020-0241 (retrieved 25 September 2026). Official source: The text on the European Parliament’s website, https://www.europarl.europa.eu/doceo/document/A-9-2020-0241_EN.html. Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/A-9-2020-0241 (CC BY 4.0).

BibTeX

@misc{epw-text-a-9-2020-0241,
  author = {{European Parliament}},
  title = {{RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)}},
  year = {2020},
  date = {2020-12-03},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-9-2020-0241}},
  url = {https://news.eu-parl.st-solutions.dev/texts/A-9-2020-0241},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId A-9-2020-0241, reference A9-0241/2020. Official source: https://www.europarl.europa.eu/doceo/document/A-9-2020-0241\_EN.html. Data: EP Open Data API: document record (CC BY 4.0)}
}