Changes from adopted text to adopted text

RemovedArticle 7

RemovedRisk-based approach to water safety

Removed1. Member States shall ensure that the supply, treatment and distribution of water intended for human consumption is subject to a risk-based approach, composed of the following elements:

Removed(a) a hazard assessment of bodies of water or parts of bodies of water used for the abstraction of water intended for human consumption, carried out by Member States in accordance with Article 8; [Am. 62]

Removed(b) a supply risk assessment carried out by the water suppliers in each water supply system for the purposes of safeguarding and monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C; [Am. 63]

Removed(c) a domestic distribution risk assessment, in accordance with Article 10.

Removed1a. Member States may adapt the implementation of the risk-based approach, without compromising the objective of this Directive concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or accessibility of water supply zone. [Am. 64]

Removed1b. Member States shall ensure a clear and appropriate distribution of responsibilities between stakeholders, as defined by the Member States, for the application of the risk-based approach with regard to the bodies of water used for the abstraction of water intended for human consumption and domestic distribution systems. Such distribution of responsibilities shall be tailored to their institutional and legal framework. [Am. 65]

Removed2. Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, taking account of the requirement, provided for in Article 7 of Directive 2000/60/EC, for Member States to identify bodies of water, and updated where necessary. [Am. 66]

Removed3. Supply risk assessments shall be carried out by very large water suppliers and large water suppliers by [3 years after the end-date for transposition of this Directive], and by small water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary. [Am. 67]

Removed3a. Pursuant to Articles 8 and 9 of this Directive, Member States shall take the necessary corrective measures under the programmes of measures and river basin management plans provided for in Articles 11 and 13 of Directive 2000/60/EC respectively. [Am. 68]

Removed4. Domestic distribution risk assessments in the premises referred to in Article 10(1) shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary. [Am. 69]

RemovedArticle 8

RemovedHazard assessment, monitoring and management of bodies of water used for the abstraction of water intended for human consumption [Am. 70]

Removed1. Without prejudice to Articles 6 and 7 of Directive 2000/60/EC, in particular Articles 4 to 8, Member States shall, in cooperation with their competent water authorities, ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements: [Am. 71]

Removed(a) identification of and geo-references for all abstraction points in the bodies or parts of bodies of water covered by the hazard assessment. Given that the data referred to in this point are potentially sensitive, in particular in the context of public health protection, the Member States shall ensure that such data are protected and communicated only to the relevant authorities; [Am. 72]

Removed(b) mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC, and the protected areas referred to in Article 6 of that Directive; [Am. 73]

Removed(c) identification of hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. Such research and identification of pollution sources shall be regularly updated to detect new substances that affect micro-plastics, notably PFAS. To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive; [Am. 216]

Removed(d) regular monitoring in the bodies or parts of bodies of water covered by the hazard assessment of relevant pollutants that are relevant for the water supply and that are selected from the following lists: [Am. 75]

Removed(i) parameters listed in parts A and B of Annex I to this Directive;

Removed(ii) groundwater pollutants listed in Annex I to Directive 2006/118/EC of the European Parliament and of the Council, and pollutants and indicators of pollution for which threshold values have been established by Member States in accordance with Annex II to that Directive;

Removed(iii) priority substances and certain other pollutants listed in Annex I to Directive 2008/105/EC of the European Parliament and of the Council;

Removed(iv) parameters for monitoring purposes only in Part Ca of Annex I, or other relevant pollutants, such as microplastics, provided that a methodology to measure microplastics as specified in Article 11(5b) is in place, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive. [Am. 76]

RemovedMember States shall select from points (i) to (iv) for monitoring the parameters, substances or pollutants that are considered relevant in light of the hazards identified under point (c) or in light of the information provided by the water suppliers in accordance with paragraph 2.

RemovedFor 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. [Am. 217]

RemovedVery small water suppliers may be exempted from the requirements referred to in points (a), (b) and (c) of this paragraph, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters referred to in those points. This exemption shall be reviewed by the competent authority at least every three years and updated where necessary. [Am. 77]

Removed2. Those water suppliers that monitor their raw water for the purposes of operational monitoring shall be required to inform the competent authorities of trends and of unusual concentrations of monitored parameters, substances or pollutants.

Removed3. Member States shall inform water suppliers using the body of water covered by the hazard assessment of the results of the monitoring carried out under paragraph 1(d) and may, on the basis of those monitoring results:

Removed(a) require water suppliers to carry out additional monitoring or treatment of certain parameters;

Removed(b) allow water suppliers to decrease the monitoring frequency of certain parameters, without being required to carry out a supply risk assessment, provided that they are not core parameters within the meaning of Annex II, part B, point 1, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water. [Am. 78]

Removed4. In such cases where a water supplier is allowed to decrease the monitoring frequency as referred to in paragraph 2(b), Member States shall continue to regularly monitor those parameters in the body of water covered by the hazard assessment. [Am. 79]

Removed5. 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, or ensure that those measures are taken by the water suppliers: [Am. 80]

Removed(a) prevention measures to reduce the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC; [Am. 178]

Removed(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; [Am. 82]

Removed(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;. [Am. 83]

Removed(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. [Am. 84]

RemovedMember States shall regularly review any such measure.

Removed5a. 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:

Removed(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;

Removed(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. [Am. 85]

RemovedArticle 9

RemovedSupply risk assessment, monitoring and management [Am. 86]

Removed1. 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, and B and Ba that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water. [Am. 87]

RemovedFor 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 Annex II, part C of Annex II, and depending on their occurrence in the raw water and the treatment set-up. [Am. 88]

RemovedTo that end, water suppliers shall be required to 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. [Am. 89]

Removed1a. 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.

RemovedThe 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. [Am. 90]

Removed2. Supply risk assessments shall be approved by the competent authorities 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.

RemovedMember States may require competent authorities to approve or monitor water suppliers’ supply risk assessments. [Am. 91]

Removed2a. 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. [Am. 92]

RemovedArticle 10

RemovedDomestic distribution risk assessment, monitoring and management [Am. 93]

Removed1. Member States shall ensure that a domestic distribution risk assessment is performed in priority premises, comprising the following elements: [Am. 94]

Removed(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, in particular where water is supplied to the public in priority premises; [Am. 95]

Removed(b) regular monitoring of the parameters listed in Annex I, part C, in priority premises where the potential danger to human health is considered highest. Relevant parameters and premises for monitoring shall be selected on the basis of specific risks to water quality have been identified during the assessment performed under point (a). [Am. 96]

RemovedWith regard to the regular monitoring, Member States shall ensure access referred to installations in priority premises for the first subparagraph, Member States purposes of sampling and may set up a monitoring strategy focusing on priority premises, in particular as regards Legionella pneumophila; [Am. 97]

Removed(c) a verification of whether the performance of construction products and materials in contact with water intended for human consumption is adequate in relation to the essential characteristics linked to the basic requirement for construction works specified in point 3(e) of Annex I to Regulation (EU) No 305/2011 protection of human health. [Am. 98]

Removed(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. [Am. 99]

Removed2. 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.:

Removed(a) take appropriate measures to eliminate or reduce the risk of non-compliance with the parametric values set out in Annex I, part C;