Changes from plenary report to adopted text

AddedArticle 8 – paragraph 1 – subparagraph 3: For the purpose of the regular monitoring, as well as for the purpose of detecting new harmful substances through new investigations, Member States may use the monitoring carried out, and the investigation capacity provided for, in accordance with other Union legislation.

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

AddedArticle 8 – paragraph 4: deleted

AddedArticle 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:

AddedArticle 8 – paragraph 5 – subparagraph 1 – point a: deleted

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 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:

AddedArticle 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;

AddedArticle 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).

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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)

AddedArticle 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.

AddedArticle 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…

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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).

AddedArticle 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.

AddedArticle 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:

AddedArticle 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.

AddedArticle 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.

AddedArticle 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…

AddedAmendments 113, 165, 191, 208, 166, 192, 169, 195, 170, 196, 197, 220

AddedArticle 13 – paragraph 1

AddedAmendment: 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. / (a) identifying 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 and taking actions to improve access for those people and informing them about possibilities of connecting to the distribution network or about alternative means to have access to such water; / (aa) ensuring the public supply of water intended for human consumption; / (b) setting up and maintaining outdoors and indoors equipment, including refill points, for free access to water intended for human consumption in public spaces, particularly in areas of high footfall; this shall be done where technically feasible, in a manner that is proportionate to the need for such measures and taking into account specific local conditions, such as climate and geography; / (i) launching campaigns to inform citizens about the high quality of tap water and to raise awareness of the nearest designated refill point; / (ia) launching campaigns to encourage the general public to carry reusable water bottles and la…

AddedArticle 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.

AddedAmendments 173, 199 and 209

AddedArticle 13 – paragraph 2 a (new)

AddedAmendment: 2a. Where obligations laid down in 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 the capacities and size of the distribution network concerned.

AddedAmendments 174, 200 and 210

AddedArticle 13 – paragraph 2 b (new)

AddedAmendment: 2b. Taking into account the data collected under the provisions set out in point (a) of Article 15(1), the Commission shall collaborate with Member States and the European Investment Bank to support municipalities in the Union which lack the necessary capital in order to enable them to access technical assistance, available Union funding and long-term loans at a preferential interest rate, particularly for the purpose of maintaining and renewing water infrastructure in order to ensure the provision of high quality water, and to extend water and sanitation services to vulnerable and marginalised population groups.

AddedArticle 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.

AddedArticle 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:

AddedArticle 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;

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

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

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

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

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

AddedArticle 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;

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

AddedArticle 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;

AddedArticle 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);

AddedArticle 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.

AddedArticle 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.