What changed between the adopted text of 23 Oct 2018 and the adopted text of 28 Mar 2019

Added:Minimum hygiene requirements for products, substances and materials in contact with water intended for human consumption

Added: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:

Added:(a) do not directly or indirectly reduce the protection of human health provided for in this Directive;

Added:(b) do not affect the smell or taste of water intended for human consumption;

Added:(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

Added:(d) do not promote microbial growth.

Added: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 developments.

Added:3. In order to support the Commission in adopting and amending the delegated acts pursuant to paragraph 2, a standing committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers.

Added:4. Materials in contact with water intended for human consumption, which are covered by other Union legislation, such as Regulation (EU) No 305/2011 of the European Parliament and of Council, shall comply with paragraphs 1 and 2 of this Article. [Am. 102]

Added:Article 11

Added:Monitoring

Added: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 the water available to consumers 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. [Am. 103]

Added:2. To meet the obligations imposed in paragraph 1, appropriate monitoring programmes shall be established in accordance with Annex II, Part A for all water intended for human consumption. Those monitoring programmes shall consist of the following elements:

Added:(a) monitoring of the parameters listed in Annex I, parts A and B, and of the parameters set in accordance with Article 5(2), in accordance with Annex II, and, where a supply risk assessment is performed, in accordance with Article 9;

Added:(b) monitoring of the parameters listed in Annex I, part C, for the purposes of the domestic distribution risk assessment, as provided for under Article 10(1)(b);

Added:(c) monitoring, for the purposes of the hazard assessment, as provided for under Article 8(1)(d).

Added:3. The sampling points shall be determined by the competent authorities and shall meet the relevant requirements set out in Annex II, part D.

Added:4. Member States shall comply with the specifications for the analyses of parameters set out in Annex III , in accordance with the following principles:

Added:(a) methods of analysis other than those specified in Annex III, Part A, may be used, provided that it can be demonstrated that the results obtained are at least as reliable as those produced by the methods specified by providing the Commission with all relevant information concerning such methods and their equivalence;

Added:(b) for those parameters listed in Annex III, Part B, any method of analysis may be used provided that it meets the requirements set out therein.

Added:5. Member States shall ensure that additional monitoring is carried out on a case-by-case basis of substances and micro-organisms for which no parametric value has been set in accordance with Article 5, if there is reason to suspect that they may be present in amounts or numbers which constitute a potential danger to human health.

Added: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.

Added: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. [Am. 104]

Added: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. [Am. 105]

Added:Article 12

Added:Remedial action and restrictions in use

Added: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. [Am. 106]

Added:2. If, despite the measures taken to meet the obligations imposed in Article 4(1), water intended for human consumption does not meet the parametric values set in accordance with Article 5, the Member State concerned shall ensure that the necessary remedial action is taken as soon as possible to restore its quality and shall give priority to their enforcement action, having regard inter alia to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health.

Added: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 points (a) to (f) of Article 10(2a). [Am. 107]

Added:3. Regardless of whether any failure to meet the parametric values has occurred, Member States shall ensure that any supply of water intended for human consumption which constitutes a potential danger to human health is prohibited or its use restricted and that any other remedial action is taken that is necessary to protect human health.

Added:Member States shall automatically consider any 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. [Am. 108]

Added: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: [Am. 109]

Added:(a) notify all affected consumers of the potential danger to human health and its cause, of the exceedance of a parametric value and of the remedial actions taken, including prohibition, restriction or other action;

Added:(b) give, and regularly update, the necessary advice to consumers on conditions of consumption and use of the water, taking particular account of potential vulnerable groups;

Added:(c) inform consumers once it has been established that there is no longer a potential danger to human health and inform them that the service has resumed back to normal.

Added:The measures referred to in points (a), (b) and (c) shall be taken in cooperation with the water supplier concerned. [Am. 110]

Added: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. [Am. 111]

Added:Article 12a

Added:Derogations

Added: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:

Added:(a) a new water supply zone;

Added:(b) a new source of pollution detected in a water supply zone or parameters newly searched or detected.

Added: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.

Added: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.

Added:2. Any derogation granted in accordance with paragraph 1 shall specify the following:

Added:(a) the grounds for the derogation;

Added:(b) the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;

Added:(c) the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;

Added:(d) an appropriate monitoring scheme, with an increased monitoring frequency where necessary;

Added:(e) a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing; and

Added:(f) the required duration of the derogation.

Added:3. If the competent authorities consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with Article 12(2) is sufficient to remedy the problem within 30 days, the information provided for in paragraph 2 of this Article need not be specified in the derogation.

Added:In that event, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authorities or other relevant bodies in the derogation.

Added:4. Recourse may no longer be had to paragraph 3, if failure to comply with any one parametric value for a given water supply has occurred on more than 30 days on aggregate during the previous 12 months.

Added:5. Any Member State which has had recourse to the derogations provided for in this Article shall ensure that the population affected by any such derogation is promptly informed in an appropriate manner of the derogation and of the conditions governing it. In addition, the Member State shall, where necessary, ensure that advice is given to particular population groups for which the derogation could present a special risk.

Added:The obligations referred to in the first subparagraph shall not apply in the circumstances described in paragraph 3 unless the competent authorities decide otherwise.

Added:6. With the exception of derogations granted in accordance with paragraph 3, a Member State shall inform the Commission within two months of any derogation concerning an individual supply of water exceeding 1 000 m3 a day as an average or serving more than 5 000 people, including the information specified in paragraph 2.

Added:7. This Article shall not apply to water intended for human consumption offered for sale in bottles or containers. [Am. 112]

Added:Article 13

Added:Access to water intended for human consumption