Changes from adopted text to adopted text

Removed(33) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

Removed(34) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex V, Part B,

RemovedHAVE ADOPTED THIS DIRECTIVE:

RemovedArticle 1

RemovedObjective

Removed1. This Directive concerns the quality of water intended for human consumption for all in the Union. [Am. 36]

Removed2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean, and to provide universal access to water intended for human consumption. [Am. 163, 189, 207 and 215]

RemovedArticle 2

RemovedDefinitions

RemovedFor the purposes of this Directive:

Removed1. ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or for other food purposes, or other domestic purposes in both public and private premises, including food businesses, regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or, for spring waters, put in bottles or containers. [Am. 38]

Removed2. ‘domestic distribution system’ shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption in both public and private premises and the distribution network but only if they are not the responsibility of the water supplier, in its capacity as a water supplier, according to the relevant national law. [Am. 39 not concerning all languages]

Removed3. 'water supplier' shall mean an a legal entity supplying at least 10 m3 of water intended for human consumption a day as an average. [Am. 40]

Removed3a. 'very small water supplier' shall mean a water supplier supplying less than 50 m3 per day or serving less than 250 people. [Am. 41]

Removed4. 'small water supplier' shall mean a water supplier supplying less than 500 m3 per day or serving less than 5 000 2 500 people. [Am. 42]

Removed4a. 'medium water supplier' shall mean a water supplier supplying at least 500 m3 per day or serving at least 2 500 people. [Am. 43]

Removed5. '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]

Removed6. '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]

Removed7. '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]

Removed8. '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.

Removed8a. ‘food business’ shall mean a food business as defined in point (2) of Article 3 of Regulation (EC) No 178/2002. [Am. 47]

RemovedArticle 3

RemovedExemptions

Removed1. This Directive shall not apply to:

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

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

Removed1a. 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]

Removed1b. A producer of water intended for human consumption that is put into bottles or containers shall not be considered a water supplier.

RemovedProvisions 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]

Removed1c. 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]

Removed2. Member States may exempt from the provisions of this Directive:

Removed(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;

Removed(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.

Removed3. 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 4

RemovedGeneral obligations

Removed1. 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:

Removed(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;

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

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

Removed(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;

Removed(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;

Removed(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]

Removed2. 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]

Removed2a. 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]

Removed2b. 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]

RemovedArticle 5

RemovedQuality standards

Removed1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I, which shall not be less stringent than the values set out therein. [Am. 55]

Removed1a. 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. [Am. 56]

Removed2. A Member State shall set values for additional parameters not included in Annex I where the protection of human health within its national territory or part of it so requires. The values set shall, as a minimum, satisfy the requirements of Article 4(1)(a).

RemovedThe 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. [Am. 57]

RemovedArticle 6

RemovedPoint of compliance

RemovedThe parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A, and B and C, shall be complied with: [Am. 58]

Removed(a) in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the taps that are normally used for human consumption;

Removed(b) in the case of water supplied from a tanker, at the point at which it emerges from the tanker;

Removed(c) in the case of spring waters water intended for human consumption put into bottles or containers, at the point at which the water is put into the bottles or containers.; [Am. 59]

Removed(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. [Am. 60]

Removed1a. 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. [Am. 61]