Changes from adopted text to adopted text

Removed1. Member States shall ensure that, natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4, 5, 12, 13, and 14, when one of the following conditions is fulfilled:

Removed(a) they have a sufficient interest;

Removed(b) they maintain the impairment of a right, where the administrative procedural law of the relevant Member State requires this as a precondition.

Removed2. Member States shall determine at what stage decisions, acts or omissions may be challenged.

Removed3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.

RemovedTo that end, the interest of any non-governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purposes of paragraph 1(a).

RemovedSuch organisations shall also be deemed to have rights capable of being impaired for the purposes of paragraph 1(b).

Removed4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.

Removed5. Any such review procedure referred to in paragraph 1 and 4 shall be fair, equitable, timely and not prohibitively expensive.

RemovedMember States shall ensure that information is made available to the public on access to administrative and judicial review procedures.

RemovedArticle 17

RemovedEvaluation

Removed1. The Commission shall, by [12 years after the end-date for transposition of this Directive], carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:

Removed(a) the experience gathered with the implementation of this Directive;

Removed(b) the data sets from Member States set up in accordance with Article 15(1) and the Union-wide overviews compiled by the European Environment Agency in accordance with Article 15(3);

Removed(c) relevant scientific, analytical and epidemiological data;

Removed(d) World Health Organisation recommendations, where available.

Removed2. In the context of the evaluation, the Commission shall pay particular regard to the performance of this Directive concerning the following aspects:

Removed(a) the risk-based approach set out in Article 7;

Removed(b) provisions related to access to water set out in Article 13 and the share of the population without access to water; [Am. 132]

Removed(c) provisions concerning the information to be provided to the public under Article 14 and Annex IV, including a user friendly overview at Union level of the information listed in point 7 of Annex IV. [Am. 133]

Removed2a. The Commission shall, no later than ... [five years after the final deadline for transposition of this Directive] — and afterwards where appropriate — submit a report to the European Parliament and to the Council on the potential threat to sources of water intended for human consumption from microplastics, medicines and, if necessary, other newly occurring pollutants and on the appropriate associated potential health risks. The Commission is empowered to adopt, if necessary, delegated acts in accordance with Article 19 in order to supplement this Directive by establishing maximum levels for microplastics, medicinal products and other newly occurring pollutants in water intended for human consumption. [Am. 134]

RemovedArticle 18

RemovedReview and amendment of Annexes

Removed1. At least every five years, the Commission shall review Annex I in the light of scientific and technical progress .

RemovedThe Commission shall, on the basis of Member States' hazard and domestic distribution risk assessments contained in the data sets set up pursuant to Article 15, review Annex II and assess whether there is a need to adapt it or to introduce new monitoring specifications for the purposes of those risk assessments.

Removed2. The Commission is empowered to adopt delegated acts in accordance with Article 19 amending Annexes I to IV where necessary, to adapt them to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments pursuant to Article 8(1)(d) and Article 10(1)(b).

Removed2a. By ... [five years after the date of entry into force of this Directive], the Commission shall review whether Article 10a has led to a sufficient level of harmonisation of hygienic requirements on materials and products in contact with water intended for human consumption and, if necessary, take further appropriate measures. [Am. 135]

RemovedArticle 19

RemovedExercise of the delegation

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. The power to adopt delegated acts referred to in Article 18(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Directive].

Removed3. The delegation of power referred to in Article 18(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Removed4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

Removed5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed6. A delegated act adopted pursuant to Article 18(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

RemovedArticle 20

RemovedCommittee procedure

Removed1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Removed2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

RemovedArticle 21

RemovedPenalties

RemovedMember States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by … [2 years after entry into force of this Directive], notify the Commission of those rules and those measures and shall notify it of any subsequent amendment affecting them.

RemovedArticle 22

RemovedTransposition

Removed1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2 and 5 to 21 and Annexes I to IV by … [2 years after entry into force of this Directive] . They shall immediately communicate the text of those measures to the Commission.

RemovedWhen Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated .

Removed2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

RemovedArticle 23

RemovedRepeal

Removed1. Directive 98/83/EC, as amended by the instruments listed in Annex V, Part A, is repealed with effect from [day after the date in the first subparagraph of Article 22(1)], without prejudice to the obligations of the Member States relating to the timelimits for the transposition into national law of the Directives set out in Annex V, Part B.

RemovedReferences to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VI.

Removed2. Derogations granted by Member States in accordance with Article 9 of Directive 98/83/EC that are still applicable by [end-date for transposition of this Directive] shall remain applicable until the end of their duration. They may not be renewed further. [Am. 136]

RemovedArticle 24

RemovedEntry into force

RemovedThis Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

RemovedArticle 25

RemovedAddressees

RemovedThis Directive is addressed to the Member States.

RemovedDone at ...,