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Plenary report, 3 December 2020

On the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)

Report A-9-2020-0241 · (06230/3/2020 – C90354/2020 – 2017/0332(COD))

Committee on the Environment, Public Health and Food Safety · Rapporteur: Christophe Hansen

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AI:In short

The report recommends that Parliament approve the Council's first-reading position on a directive on the quality of water intended for human consumption (recast). The Council position reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second reading stage. The report takes note of two Commission statements annexed to the resolution, on delegated acts and on the procedure for adopting implementing acts.

Position. The committee recommends that Parliament approve the Council position at first reading without amending it, since the position reflects the agreement reached in interinstitutional negotiations and the committee had already confirmed that outcome.

Key points

  1. Parliament approves the Council position at first reading on the directive on the quality of water intended for human consumption (recast).
  2. Parliament takes note of the Commission statements annexed to the resolution.
  3. Parliament notes that the act is adopted in accordance with the Council position.
  4. The Commission regrets that the co-legislators limited its power to modify the annexes of the revised Drinking Water Directive to Annex III, while it had sought to modify Annexes I to IV.
  5. The Commission specifically regrets that the co-legislators did not agree on a power to amend Annex II, which it says is needed to update monitoring requirements to scientific and technical progress.
  6. The Commission states that invoking point (b) of the second subparagraph of Article 5(4) of Regulation (EU) No 182/2011 without proper justification is contrary to the letter and spirit of that regulation.
  7. The Commission says recourse to that provision must respond to a specific need to depart from the rule that it may adopt a draft implementing act when no opinion is delivered, and must be interpreted restrictively and justified.
  8. The rapporteur proposes that the Committee on the Environment, Public Health and Food Safety recommend that the plenary confirm the Council position at first reading without amending it.

Who is affected

  • People relying on water intended for human consumption, covered by the directive on its quality.
  • The Commission, whose powers to modify the directive's annexes are limited to Annex III.
  • The co-legislators, Parliament and the Council, whose choice on implementing acts is criticised by the Commission.

Figures and deadlines

  • Annex III: the only annex the Commission may modify under the revised Drinking Water Directive.
  • Annexes I to IV: the annexes the Commission had sought a power to modify in its original proposal.
  • Annex II: the annex the Commission specifically regrets it cannot amend.
  • Article 5(4), second subparagraph, point (b), of Regulation (EU) No 182/2011: the provision whose invocation the Commission says must be justified.

Legal basis. Article 294(7) of the Treaty on the Functioning of the European Union.

Written by AI from the full text · every figure comes from the text · ¶ opens the paragraph · 25 Sept 2026 · Report a problem

Full text

Draft european parliament legislative resolution 18 paragraphs

(06230/3/2020 – C90354/2020 – 2017/0332(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–having regard to the Council position at first reading (06230/3/2020 – C90354/2020),

–having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council and the United Kingdom House of Commons, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–having regard to the opinion of the European Economic and Social Committee of 12 July 2018,

–having regard to the opinion of the Committee of the Regions of 16 May 2018,

–having regard to its position at first reading on the Commission proposal to Parliament and the Council (COM(2017)0753),

–having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

–having regard to Rule 67 of its Rules of Procedure,

–having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A9-0241/2020),

Read the rest (6 paragraphs)

1.Approves the Council position at first reading;

2.Takes note of the Commission statements annexed to this resolution;

3.Notes that the act is adopted in accordance with the Council position;

4.Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

5.Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

6.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Annex to the legislative resolution 5 paragraphs

DECLARATION BY THE COMMISSION ON DELEGATED ACTS IN THE DRINKING WATER DIRECTIVE

The Commission regrets the decision of the co-legislators to limit its empowerment to modify the annexes of the revised Drinking Water Directive to Annex III, whereas the Commission had sought an empowerment to modify Annexes I to IV in its original proposal.

The Commission specifically regrets that the co-legislators did not agree on an empowerment to amend Annex II, which is particularly necessary in light of the need to update the monitoring requirements set out in Annex II to scientific and technical progress.

DECLARATION BY THE COMMISSION ON THE PROCEDURE OF ADOPTION OF IMPLEMENTING ACTS

The Commission underlines that it is contrary to the letter and to the spirit of Regulation (EU) No 182/2011 to invoke point (b) of the second subparagraph of Article 5(4), without proper justification. Recourse to this provision must respond to a specific need to depart from the rule of principle, which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established in Article 5(4), it cannot be simply seen as a "discretionary power" of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.

Short justification 1 paragraph

The Council position at first reading reflects the agreement reached between the Parliament and the Council in interinstitutional negotiations at early second reading stage, after legal-linguistic verification. Since the Committee on the Environment, Public Health and Food Safety (ENVI), at its vote of 18 February 2020, already confirmed the outcome of those interinstitutional negotiations, as your rapporteur I am proposing that ENVI recommend that the plenary confirm the position of the Council at first reading, without amending it.

Procedure pages

How the committees handled the text, and how their members voted on it.

Procedure – committee responsible 1 paragraph
TitleQuality of water intended for human consumption (recast)
References06230/3/2020 – C9-0354/2020 – 2017/0332(COD)
Date of Parliament’s first reading – P number28.3.2019 T8-0320/2019
Commission proposalCOM(2017)0753 - C8-0019/2018
Receipt of Council position at first reading announced in plenary13.11.2020
Committee responsible Date announced in plenaryENVI 13.11.2020
Rapporteurs Date appointedChristophe Hansen 18.7.2019
Discussed in committee21.10.20196.11.20192.12.201920.1.2020
Date adopted1.12.2020
Result of final vote+: –: 0:73 2 5
Members present for the final voteNikos Androulakis, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurelia Beigneux, Monika Beňová, Sergio Berlato, Alexander Bernhuber, Malin Björk, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Bas Eickhout, Cyrus Engerer, Eleonora Evi, Agnès Evren, Pietro Fiocchi, Andreas Glück, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Joanna Kopcińska, Peter Liese, Sylvia Limmer, Javi López, César Luena, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Dan-Ştefan Motreanu, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Stanislav Polčák, Jessica Polfjärd, Luisa Regimenti, Frédérique Ries, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Ivan Vilibor Sinčić, Linea Søgaard-Lidell, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Michal Wiezik, Tiemo Wölken, Anna Zalewska
Substitutes present for the final voteSven Giegold, Karin Karlsbro, Ulrike Müller, Andrey Slabakov
Date tabled3.12.2020
Final vote by roll call in committee responsible 3 paragraphs

73 · For

EPP
Traian Băsescu, Nathalie Colin-Oesterlé, Christian Doleschal, Agnès Evren, Adam Jarubas, Ewa Kopacz, Esther de Lange, Peter Liese, Fulvio Martusciello, Liudas Mažylis, Dolors Montserrat, Dan-Ştefan Motreanu, Ljudmila Novak, Stanislav Polčák, Jessica Polfjärd, Christine Schneider, Edina Tóth, Pernille Weiss, Michal Wiezik
S&D
Nikos Androulakis, Marek Paweł Balt, Monika Beňová, Simona Bonafè, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Cyrus Engerer, Jytte Guteland, Javi López, César Luena, Alessandra Moretti, Sándor Rónai, Günther Sidl, Petar Vitanov, Tiemo Wölken
RENEW
Pascal Canfin, Andreas Glück, Martin Hojsík, Jan Huitema, Karin Karlsbro, Ulrike Müller, Frédérique Ries, Nicolae Ştefănuță, Linea Søgaard-Lidell, Nils Torvalds, Véronique Trillet-Lenoir
ID
Simona Baldassarre, Aurelia Beigneux, Marco Dreosto, Catherine Griset, Joëlle Mélin, Luisa Regimenti, Silvia Sardone
GREENS/EFA
Margrete Auken, Bas Eickhout, Sven Giegold, Pär Holmgren, Yannick Jadot, Tilly Metz, Ville Niinistö, Grace O'Sullivan
ECR
Sergio Berlato, Pietro Fiocchi, Joanna Kopcińska, Rob Rooken, Andrey Slabakov, Alexandr Vondra, Anna Zalewska
GUE/NGL
Anja Hazekamp
No group
Eleonora Evi, Athanasios Konstantinou, Ivan Vilibor Sinčić

2 · Against

ID
Sylvia Limmer
GUE/NGL
Mick Wallace

5 · Abstained

EPP
Alexander Bernhuber
ID
Teuvo Hakkarainen
GUE/NGL
Malin Björk, Petros Kokkalis, Silvia Modig