Changes from adopted text to adopted text

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

Added5. 'large water supplier' shall mean a water supplier supplying at least 500 5 000 m3 per day or serving at least 5 000 25 000 people. [Am. 44]

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.

Added6. 'very large water supplier' shall mean a water supplier supplying at least 5 000 20 000 m3 per day or serving at least 50 000 100 000 people. [Am. 45]

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.

Added7. 'priority premises' shall mean large non-household premises with many users 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. [Am. 46]

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.

Added8. 'vulnerable and marginalised groups' shall mean people isolated from society, as a result of discrimination or of a lack of access to rights, resources, or opportunities, and who are more exposed to a range of possible risks relating to their health, safety, lack of education, engagement in harmful practices, or other risks, compared to the rest of society.

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.

Added8a. ‘food business’ shall mean a food business as defined in point (2) of Article 3 of Regulation (EC) No 178/2002. [Am. 47]

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.

AddedArticle 3

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.

AddedExemptions

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

Added1. This Directive shall not apply to:

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:

Added(a) natural mineral waters recognised as such by the responsible authority, as referred to in Directive 2009/54/EC;

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;

Added(b) waters which are medicinal products within the meaning of Directive 2001/83/EC.

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).

Added1a. 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 Council. [Am. 48]

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;

Added1b. A producer of water intended for human consumption that is put into bottles or containers shall not be considered a water supplier.

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.

AddedProvisions 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. [Am. 49]

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.

Added1c. 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. [Am. 50]

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)

Added2. Member States may exempt from the provisions of this Directive:

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.

Added(a) water intended exclusively for those purposes for which the competent authorities are satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned;

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…

Added(b) water intended for human consumption from an individual supply providing less than 10 m3 a day as an average or serving fewer than 50 persons, unless the water is supplied as part of a commercial or public activity.

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.

Added3. Member States that have recourse to the exemptions provided for in paragraph 2(b) shall ensure that the population concerned is informed thereof and of any action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption. In addition, when a potential danger to human health arising out of the quality of such water is apparent, the population concerned shall promptly be given appropriate advice.

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.

AddedArticle 4

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.

AddedGeneral obligations

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.

Added1. Without prejudice to their obligations under other Union provisions, Member States shall take the measures necessary to ensure that water intended for human consumption is wholesome and clean. For the purposes of the minimum requirements of this Directive, water intended for human consumption shall be wholesome and clean if it meets all the following conditions:

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).

Added(a) it is free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health;

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.

Added(b) it meets the minimum requirements set out in Annex I, Parts A and B;

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:

Added(c) Member States have taken all other measures necessary to comply with the requirements set out:

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.

Added(i) in Articles 5 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;

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.

Added(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;

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…

Added(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. [Am. 51]

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

Added2. 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. [Am. 52]

RemovedArticle 13 – paragraph 1

Added2a. 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. [Am. 53]

RemovedAmendment: 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…

Added2b. 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. [Am. 54]