This document is an excerpt from the EUR-Lex website
Document 52018AR0924
Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption
Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption
Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption
COR 2018/00924
OJ C 361, 5.10.2018, p. 46–71
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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5.10.2018 |
EN |
Official Journal of the European Union |
C 361/46 |
Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption
(2018/C 361/08)
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I. RECOMMENDATIONS FOR AMENDMENTS
Amendment 1
Recital 2, insert a new recital before 1998/83 recital 6.
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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Minimum requirements for essential and preventive health-related minimum quality standards and parametric values in water intended for human consumption are necessary if minimum environmental-quality goals to be achieved in connection with other EU-level provisions and measures are to be defined so that the sustainable use of water intended for human consumption may be safeguarded and promoted. These include in particular appropriate water protection measures to ensure that surface and groundwater is kept clean; |
Reason
This recital combines parts of deleted recitals 5 and 8. It is critically important to manage the adverse effects from environmental pollution sources, for example waste water, industry and agriculture, which can affect the quality of water bodies to varying extents, by setting environmental quality standards based on the polluter pays and the precautionary principles. Ultimately the degree of contamination will be determined by the extent to which drinking-water quality has to be assured in the short, medium and long term. Management of drinking-water resources that favours an ‘end-of-pipe’ solution should be rejected on health grounds. Ensuring the quality of water intended for human consumption calls for appropriate strategies and measures in various environmental categories, to which the provisions of Article 7 are relevant. The WHO health-based assessment of parametric values is based on a preventive health approach (see also new recital 16, which discontinues derogations under Article 9 of Directive 98/83/EC), and allocation means that drinking water is supplied without adverse health effects for a limited period of time. Article 12 (new) of the proposal also repeals this preventive approach.
Amendment 2
Recital 5
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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The World Health Organisation (WHO) Regional Office for Europe conducted a detailed review of the list of parameters and parametric values laid down in Directive 98/83/EC in order to establish whether there is a need to adapt it in light of technical and scientific progress. In view of the results of that review, enteric pathogens and Legionella should be controlled, six chemical parameters or parameter groups should be added, and three representative endocrine disrupting compounds should be considered with precautionary benchmark values. For three of the new parameters, parametric values that are more stringent than the ones proposed by the WHO, yet still feasible, should be laid down in light of the precautionary principle. For lead, the WHO noted that concentrations should be as low as reasonably practical, and for chromium, the value remains under WHO review; therefore, for both parameters, a transitional period of 10 years should apply before the values become more stringent. |
The World Health Organisation (WHO) Regional Office for Europe conducted a detailed review of the list of parameters and parametric values laid down in Directive 98/83/EC in order to establish whether there is a need to adapt it in light of technical and scientific progress. In view of the results of that review, enteric pathogens and Legionella should be controlled, nine chemical parameters or parameter groups should be added, including three representative endocrine disrupting compounds, and the recommended WHO guideline values should be considered. For lead, the WHO noted that concentrations should be as low as reasonably practical, and for chromium, the value remains under WHO review; therefore, for both parameters, a transitional period of 10 years should apply before the values become more stringent. |
Reason
The Commission proposal does not give a definition of ‘precautionary benchmark values’. In section 5 of the explanatory memorandum, under the heading ‘Detailed explanation on how the WHO recommendations concerning parameters and parametric values for the proposal were taken into account’, the Commission notes that according to the WHO there is currently no evidence of risks to health from drinking water containing the three endocrine-disrupting compounds, and that risks are unlikely. The way the Commission has set the concentrations for these three substances is neither transparent nor explainable in scientific terms. It would therefore be advisable — and justifiable in view of the health requirement (water for human consumption) — to take the proposed WHO guideline values as the parametric values.
Amendment 3
Insert part of 1998/83 recitals 13 and 16 after new recital 5.
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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The parametric values are based on the scientific knowledge available and generally on the World Health Organization Guidelines for drinking-water quality. The precautionary principle has also been taken into account and the values thus represent a high level of health protection; |
Reason
The clear information about parametric values contained in 1998/83 recitals 13 and 16 should be kept. In conjunction with Article 18 (‘Review of Annexes’), it should be unequivocally established that parametric values are based on the available scientific findings and the precautionary principle. This also relates to new Article 12(3), under which the Member States must ‘automatically’ consider any breach of the parametric values as a potential danger to human health. As already set out for Amendment 1 above, the WHO health-based assessment of parametric values takes a preventive approach to health risks (see also new recital 16, which discontinues derogations under Article 9 of Directive 98/83/EC) rather than one of tackling an immediate potential danger. There is a conflict with the WHO approach here.
Amendment 4
Recital 9
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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The hazard assessment should be geared towards reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazards identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). Those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source, in cooperation with water suppliers and stakeholders. |
The hazard assessment should be geared towards reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazards identified (e.g. microplastics (particles between 1 nm and 5 mm in size with a high polymer content), nitrate levels, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). Those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source, in cooperation with water suppliers and stakeholders. To this end, the Member States should introduce legislative and regulatory provisions that prompt local and regional authorities and water service operators to equip themselves with tools to monitor the effects of investment-related choices. The impact of abstraction and the pressure of discharges on water bodies must be the main benchmarks for devising uniform environmental forecasting and management models that can help assess — in more than purely socioeconomic terms — the optimum environmental sustainability conditions for action taken on networks and plants to ensure appropriate integrated water services, reflecting the socioeconomic activities characterising the areas in question. |
Reason
Microplastics are a major source of pollution that should be monitored by the Member States. The definition proposed above is the one used by the Swedish Environmental Protection Agency. Furthermore, the expression ‘nitrate levels’ is preferable to ‘nitrates’, since chemically speaking, only ‘nitrate’ is correct, and it is nitrate levels that are meant in this context.
Amendment 5
Recital 11
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. |
The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. |
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However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens. It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs, a domestic distribution risk assessment is therefore more suited to address this issue. In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials, and verifying the performance of construction products in contact with water intended for human consumption on the basis of their declaration of performance in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council. The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council is also to be supplied together with the declaration of performance. On the basis of this assessment, Member States should take all necessary measures to ensure, inter alia, that appropriate control and management measures (e.g. in case of outbreaks) are in place, in line with the guidance of the WHO, and that the migration from construction products does not endanger human health. However, without prejudice to Regulation (EU) No 305/2011, where these measures would imply limits to the free movement of products and materials in the Union, these limits need to be duly justified and strictly proportionate, and not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. |
However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens. It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs, a domestic distribution risk assessment is therefore more suited to address this issue. In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials, and verifying the substances released into water intended for human consumption from products and materials. |
Reason
We would recommend that the verification of substances from products and materials released into water for human consumption not be governed by Regulation (EU) No 305/2011 (the Construction Products Regulation). Parametric criteria or parametric values for the migration of substances from construction products into drinking water are set as health requirements, and under the Construction Products Regulation there are currently no harmonised standards for testing criteria and performance in relation to health requirements, only a declaration of performance. Declarations of performance indicating the level or class of performance cannot be drawn up and presented for manufacturers in particular. Moreover, it cannot be established from CE-marking, or for CE-marked construction products placed on the market, whether the declaration of performance (e.g. of mechanical strength) also demonstrates that there is no danger to human health as a result of substance migration into drinking water. Materials other than construction products can release substances into water. The suitability of the Construction Products Regulation is therefore limited, and all materials should be tested and regulated. However, verified information on product-related migration of substances into drinking water is available with the system agreed between four Member States (4MS initiative), which provides a proven and notified basis for introducing a single EU-wide assessment scheme for materials and products that come into contact with drinking water. The aim should be to enshrine these health requirements and other relevant direct requirements in the EU Drinking Water Directive in the future. The parties to the 4MS initiative are Germany, France, the Netherlands and the United Kingdom. See also Amendment 13 and Amendment 14 (to Article 10(1)(c)).
Amendment 6
Recital 12
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption. National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. The removal of technical barriers may only be effectively achieved by establishing harmonised technical specifications for construction products in contact with water intended for human consumption under Regulation (EU) No 305/2011. That Regulation allows for the development of European standards harmonising the assessment methods for construction products in contact with water intended for human consumption and for threshold levels and classes to be set in relation to the performance level of an essential characteristic. To that end, a standardisation request specifically requiring standardisation work on hygiene and safety for products and materials in contact with water intended for human consumption under Regulation (EU) No 305/2011 has been included in the 2017 standardisation Work Programme, and a standard is to be issued by 2018. The publication of this harmonised standard in the Official Journal of the European Union will ensure a rational decision-making for placing or making available on the market safe construction products in contact with water intended for human consumption. As a consequence, the provisions on equipment and material in contact with water intended for human consumption should be deleted, partly replaced by provisions related to the domestic distribution risk assessment and complemented by relevant harmonised standards under Regulation (EU) No 305/2011. |
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Reason
Given that Regulation (EU) No 305/2011 does not provide for harmonisation of the basic health and hygiene requirement (Annex I, point 3(e)) with respect to product and testing standards, which means that it does not harmonise the performance information for substances released into water for human consumption, it can be argued against using the rules of that Regulation for preventing risks to human health (see also Article 10(1)(c)). A previous initiative to harmonise standards here has already failed. The solution we recommend is to include health requirements directly in the EU Drinking Water Directive. See also Amendment 13 and Amendment 14 (to Article 10(1)(c)).
Amendment 7
Recital 15
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately ï investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted. In addition, it is important to clarify that failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by Member States as a potential danger to human health. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source. |
In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately ï investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted. In addition, it is important to clarify that failure to meet the minimum requirements for values relating to microbiological and chemical parameters may in individual cases be considered by Member States as a potential danger to human health. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source. |
Reason
It is not advisable for breaches of the parametric values to be automatically considered a potential danger to human health. As already set out under Amendment 1 above, the WHO health assessment of parametric values is based on a preventive health approach (see also new recital 16, which discontinues derogations under Article 9 of Directive 98/83/EC) and not on an immediate potential danger, so there is a contradiction here. Moreover, this would complicate communication with consumers and lead to fear and loss of trust, which could encourage more use of bottled water in the future. This would go against the intention of the proposal for a directive. We recommend reinstating the provisions of Article 9 of Directive 98/83/EC (‘Derogations’).
Amendment 8
Article 2(3), (4), (5), (6) and (9)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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3. ‘water supplier’ shall mean an entity supplying at least 10 m3 of water intended for human consumption a day as an average. |
3. ‘water supplier’ shall mean a clearly defined entity supplying at least 10 m3 of water intended for human consumption a day as an average. |
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4. ‘small water supplier’ shall mean a water supplier supplying less than 500 m3 per day or serving less than 5 000 people. |
4. ‘small water supplier’ shall mean a clearly defined water supplier supplying less than 500 m3 per day or serving less than 50 000 people. |
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5. ‘large water supplier’ shall mean a water supplier supplying at least 500 m3 per day or serving at least 5 000 people. |
5. ‘medium-sized water supplier’ shall mean a clearly defined water supplier supplying at least 500 m3 per day or serving at least 50 000 and up to 500 000 people. |
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6. ‘very large water supplier’ shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 50 000 people. |
6. ‘large water supplier’ shall mean a clearly defined water supplier supplying at least 1 250 m3 per day or serving at least 500 000 and up to 1 500 000 people |
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7. ‘priority premises’ shall mean large premises with many users potentially exposed to water-related risks, such as hospitals, healthcare institutions, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States. |
7. ‘very large water supplier’ shall mean a clearly defined water supplier supplying at least 5 000 m3 per day or serving at least 1 500 000 people. |
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8. ‘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. |
8. ‘priority premises’ shall mean large premises with many users potentially exposed to water-related risks, such as hospitals, healthcare institutions, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States. |
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9. ‘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. |
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10. 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. |
Reason
An intermediate category of large suppliers needs to be introduced (500 000 to 1 500 000 people). It is recommended that Article 2(3) to Article 2(6) should cover water supply plants that are essentially unitary and thus clearly definable supply entities. Dispersed, non-integrated water supply plants of a supplier are not what is meant here. Since Article 3(2)(b) describes water suppliers providing less than 10 m3 a day or serving fewer than 50 persons, this definition should be incorporated into Article 2 for the sake of completeness.
Amendment 9
Article 5(1)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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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. |
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. |
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In the case of the indicator parameters listed in Annex I Part C, the values may be used, as a purely indicative reference, only to comply with obligations under Article 12. |
Reason
The indicator parameters listed in Annex I Part C of Directive 98/83/EC are deleted in the current proposal for a directive on the grounds that they do not provide health-related information. However, odour and taste should be considered health requirements for water quality and they affect the acceptability of a drinking behaviour.
Amendment 10
Article 7(1)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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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: |
Member States shall ensure that the supply, treatment and distribution of water intended for human consumption is subject to an appropriate, proportional and locally relevant risk-based approach, in accordance with the WHO guidelines for drinking-water quality and with European standard EN 15975-2, composed of the following elements: |
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Member States shall ensure a clear and balanced allocation of responsibilities for hazard and risk assessment in relation to water suppliers, taking into account national institutional and legal frameworks as well as the subsidiarity principle. |
Reason
To ensure that a risk-based approach is adopted based on recognised international procedures, reference should be made to the required underlying standards, the WHO guidelines including the water safety plan, and European standards EN 15975-2 (Security of drinking water supply — Guidelines for risk and crisis management).
Proportionality should be the guiding principle for the risk-based approach. Parameters should be appropriate and locally relevant, due to additional economic and technical cost. There is no evidence that the proposed frequencies and parameters list will lead to a higher degree of health protection.
The European Commission introduces risk-based analyses of water catchment areas, drinking water production and distribution and in-house installations, with room for Member States to fill this out. The division of responsibilities still needs to be clarified, particularly when it comes to the role of drinking water companies.
Amendment 11
Article 8(1)(d)(iv)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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other relevant pollutants, such as microplastics, 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. |
other relevant pollutants, such as microplastics (particles between 1 nm and 5 mm in size with a high polymer content), 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. |
Reason
Microplastics are a major source of pollution that should be monitored by the Member States. The definition proposed above is the one used by the Swedish Environmental Protection Agency.
Amendment 12
Article 8(4)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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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. |
In such cases where a water supplier is allowed to decrease the monitoring frequency as referred to in paragraph 3 (b), Member States shall continue to regularly monitor those parameters in the body of water covered by the hazard assessment. |
Reason
The reference should be corrected: this concerns paragraph 3(b).
Amendment 13
Article 10(1)(c)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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a verification of whether the performance of construction products 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. |
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Reason
We recommend omitting this clause, Since Regulation (EU) No 305/2011 does not provide for harmonisation of the basic hygiene and health requirement (Annex I, point 3(e)) with respect to product and testing standards or for harmonisation of the performance information concerning substances released into water for human consumption, and therefore cannot justifiably be referred to for preventing risks to human health. See also Amendments 5 and 6.
Amendment 14
Article 10(2)(c)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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take other measures, such as appropriate conditioning techniques, in cooperation with water suppliers, to change the nature or properties of the water before it is supplied so as to eliminate or reduce the risk of non-compliance with the parametric values after supply; |
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Reason
This measure, whereby suppliers change water before it is supplied through the domestic distribution system so that it complies with the parametric values set out in Annex I Part C, is impracticable. Rather, domestic distribution systems must be designed technically and physically so that the parametric values are complied with in accordance with Annex I Part C.
Amendment 15
Article 10(2)(d)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring; |
duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk of non-compliance from reoccurring; |
Reason
It should be made clear what risk is meant.
Amendment 16
Article 12(3)
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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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. |
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. |
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Member States shall automatically consider any 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. |
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Reason
It is over-regulation to automatically qualify any case of non-compliance with the minimum requirement of a parametric value — for instance a single Coliform bacterium, turbidity or exceeding the chemical parameter by 10 % — as a potential danger per se. Firstly, the WHO health assessment of parametric values is based on a preventive health approach (see also new recital 16, which discontinues derogations under Article 9 of Directive 98/83/EC) and not on an immediate potential danger. This clause contradicts the WHO approach. Secondly, Coliform bacteria as well as turbidity, to take two examples, are indicators of potential impurities from decanting. It should be borne in mind that in any case of non-compliance with parametric values consumer information is required, which is likely to provoke uncertainty, fear and loss of confidence in drinking water among consumers and thus increase the consumption of bottled water. This goes against the fundamental objectives of the directive. It should also be considered that in a given case it may not always be possible to take direct measures, e.g. owing to technical factors. (See also Amendment 17, on deleting Article 9 (‘Derogations’) of Directive 98/83/EC.)
Amendment 17
New article headed ‘Derogations’ after Article 12
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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Article xx — Derogations (Article 9 of Directive 98/83/EC) 1. Member States may provide for derogations from the parametric values set out in Annex I, Part B, or set in accordance with Article 5(2), up to a maximum value to be determined by them, provided no derogation constitutes 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. |
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Derogations shall be limited to as short a time as possible and shall not exceed three years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. Where a Member State intends to grant a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. No such second derogation shall exceed three years. |
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2. In exceptional circumstances, a Member State may ask the Commission for a third derogation for a period not exceeding three years. The Commission shall take a decision on any such request within three months. |
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3. Any derogation granted in accordance with paragraphs 1 or 2 shall specify the following: |
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4. 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 requirements of paragraph 3 need not be applied. 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. |
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5. Recourse may no longer be had to paragraph 4 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. |
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6. Any Member State which has 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. These obligations shall not apply in the circumstances described in paragraph 4 unless the competent authorities decide otherwise. |
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7. With the exception of derogations granted in accordance with paragraph 4 a Member State shall inform the Commission within two months of any derogation concerning an individual supply of water exceeding 500 m3 a day as an average or serving more than 5 000 persons, including the information specified in paragraph 3. |
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8. This Article shall not apply to water intended for human consumption offered for sale in bottles or containers. |
Reason
Provided non-compliance with a parametric value does not entail a potential risk to health, it is recommended that the previous rules contained in Article 9 of Directive 98/83/EC on derogations be retained. Not every case of non-compliance constitutes an immediate risk to health, and the WHO health assessment of parametric values is based on a preventive health approach (see also new recital 16, which discontinues derogations under Article 9 of Directive 98/83/EC).
Amendment 18
Article 13
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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Access to water intended for human consumption |
Access to water intended for human consumption |
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1. Without prejudice to Article 9 of Directive 2000/60/EC, Member States shall take all necessary measures to improve access for all to water intended for human consumption and promote its use on their territory. This shall include all of the following measures: |
1. Without prejudice to Article 9 of Directive 2000/60/EC, Member States shall take all necessary measures to improve access for all to water intended for human consumption and promote its use on their territory. With consideration of geographical remoteness in rural and island communities, this shall include all of the following measures: |
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2. On the basis of the information gathered under paragraph 1(a), Member States shall take all necessary measures to ensure access to water intended for human consumption for vulnerable and marginalised groups. |
2. On the basis of the information gathered under paragraph 1(a), Member States shall take all necessary measures together with the relevant public authorities at regional and local level to ensure access to water intended for human consumption for vulnerable and marginalised groups. |
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Particular attention shall be paid to giving local authorities an influence on the measures to ensure access to water. It must also be possible to use private water sources, provided they are monitored and meet quality requirements. |
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In case those groups do not have access to water intended for human consumption, Member States shall immediately inform them of the quality of the water they are using and of any action that can be taken to avoid adverse effects on human health resulting from any contamination of that water. |
In case those groups do not have access to water intended for human consumption, Member States shall immediately inform them of the quality of the water they are using and of any action that can be taken to avoid adverse effects on human health resulting from any contamination of that water. |
Reason
Access to water for human consumption is essentially an aspect of public service provision. In many Member States local authorities are legally responsible for providing the population with an adequate supply of drinking water. If there is a question about the quality of drinking water and access to it, then the Member States should be free to evaluate the situation themselves. However consideration of additional barriers by certain local and regional authorities and its resource implications need to be addressed with the involvement of these authorities, making access to water more equitable to vulnerable parts of the population.
Amendment 19
Annex I, Part B — Chemical parameters — Pesticides — Notes
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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‘Pesticides’ means:
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‘Pesticides’ means:
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The parametric value applies to each individual pesticide. |
The parametric value applies to each individual pesticide. |
Reason
Regulation (EC) No 1107/2009 provides for rules governing ‘relevant’ metabolites, and the English version of the proposal for the annex to the EU Drinking Water Directive of 1 February also reads ‘and their relevant metabolites (…)’. It is recommended that the translation of ‘relevant’ be changed in the German version. [Translator’s note: the proposed change does not affect the English text.]
Amendment 20
New Annex I, Part D
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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Part D: Indicator parameters [Insert table from Annex I, Part C of Directive 98/83/EC] |
Reason
The indicator parameters listed in Annex I Part C of Directive 98/83/EC are deleted in the current proposal for a directive on the grounds that they do not provide health-related information. However, odour and taste should be considered health requirements for water quality and they affect the acceptability of a drinking behaviour. Other indicator parameters are set out with reference to technical and treatment specifications: thus for example iron, manganese and turbidity are required with reference to corrosion, and TOC and pH with reference to disinfectant use. We would recommend re-incorporating the indicator parameters as a table in Annex I, Part D. The indicator parameters should accordingly be taken into account as an ancillary amendment in Annex III, Part B, Table 1, with reference to the performance characteristics.
Amendment 21
Proposal for an amendment to Commission document COM(2017) 753 final — Part 1
Article 14
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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Information to the public |
Information to the public |
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1. Member States shall ensure that adequate and up-to-date information on water intended for human consumption is available online to all persons supplied, in accordance with Annex IV. |
1. Member States shall ensure that adequate and up-to-date information on water intended for human consumption is available online to all persons supplied, in accordance with Annex IV. |
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2. Member States shall ensure that all persons supplied receive regularly and at least once a year, and in the most appropriate form (for instance on their invoice or by smart applications) without having to request it, the following information: |
2. Member States shall ensure that all persons supplied receive regularly and at least once a year, and in the most appropriate form (for instance on their invoice or by smart applications) without having to request it, the following information: |
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The Commission may adopt implementing acts specifying the format of, and modalities to present, the information to be provided under the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2). |
The Commission may adopt implementing acts specifying the format of, and modalities to present, the information to be provided under the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2). |
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3. Paragraphs 1 and 2 are without prejudice to Directives 2003/4/EC and 2007/2/EC. |
3. Paragraphs 1 and 2 are without prejudice to Directives 2003/4/EC and 2007/2/EC. |
Reason
The requirements in Article 14 are too far-reaching. The information given to households should focus on the quality of water intended for human consumption. Elements not related to drinking water quality (waste water, confidential documents about treatment stages, etc.) should not be included.
Amendment 22
Proposal for an amendment to Commission document COM(2017) 753 final — Part 1
Annex IV
Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)
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Text proposed by the Commission |
CoR amendment |
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INFORMATION TO THE PUBLIC TO BE PROVIDED ONLINE |
INFORMATION TO THE PUBLIC TO BE PROVIDED ONLINE |
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The following information shall be accessible to consumers on-line in a user-friendly and customised way: |
The following information shall be accessible to consumers on-line in a user-friendly and customised way: |
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Those parametric values and other non-ionised compounds and trace elements may be displayed with a reference value and/or an explanation; |
Those parametric values and other non-ionised compounds and trace elements may be displayed with a reference value and/or an explanation; |
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Reason
The requirements set out in Article 14 for very large water suppliers to annually inform consumers must include both information about quality requirements regarding water for human consumption and transparent information for consumers about water quantity delivered and the attendant cost structures. Information about investment costs in relation to ensuring water services must also be included, as these also have an influence on costs for consumers. Further information requirements are not directly related to water services for consumers. Additional information that touches on critical areas of infrastructure related to public security should be appropriately taken into account. Information on water supply services that is not closely linked to the water quality/quantity supplied or the attendant necessary cost structures should not be provided to consumers. Data on waste water treatment cannot be directly equated to drinking water usage; doing so would be misleading and would lead to queries among consumers. Information that is broadly categorised as relating to critical infrastructure, and to the ability of society to function, should not be made public, so as to avoid detrimental effects on such infrastructure.
II. POLICY RECOMMENDATIONS
THE EUROPEAN COMMITTEE OF THE REGIONS
General comments
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1. |
welcomes the European Commission’s proposal for a recast of Council Directive 98/83/EC on the quality of water intended for human consumption so as to ensure high-quality drinking water for consumers in the EU Member States in line with current scientific and technical findings; |
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2. |
supports the European Commission’s objectives of protecting the quality of drinking water from adverse effects to human health, through monitoring and through the minimum requirements to be complied with under the directive. Local and regional authorities in the Member States have a key role to play through monitoring and preventive and remedial measures in achieving and guaranteeing for consumers the high quality of drinking water required under the directive; |
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3. |
welcomes in particular the Commission’s proposals in response to the European Citizens’ Initiative ‘Right to Water’ which aim at ensuring universal access to clean and healthy drinking water as an essential public service, with specific measures to improve such access for vulnerable and marginalised groups; |
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4. |
believes that minimum requirements for basic and preventive health-related minimum quality standards and parametric values are required to ensure a sustainable supply of water for human consumption, since they determine the minimum targets for the environmental quality standards that are necessary according to the polluter pays and precautionary principles. From a consumer perspective, measures that prioritise the provision of clean surface water and groundwater, in line with the objectives of EU environmental policy (Article 191(2) TFEU) and in particular the current Water Framework Directive, are the first essential step which must be supplemented, where necessary, by end-of-pipe measures; |
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5. |
advocates a close link between the quality of drinking-water resources and the requirements of the Water Framework Directive, in particular its Article 7. Cooperation between local and regional authorities in the Member States and water supply companies is important here and should be supported, with a view to recognising the dangers arising from use of drinking-water resources, preventing them by addressing their causes and adopting measures to combat them. This is appropriate given the objective of ensuring a sustainable supply of high-quality drinking water for consumers. The European Commission introduces risk-based analyses of water catchment areas, drinking water production, and distribution and in-house installations, with room for Member States to further specify this. The division of responsibilities still needs to be clarified, particularly when it comes to the role of drinking water companies. This preferably takes place at Member State level, so that proper account can be taken of national legal frameworks and the subsidiarity principle; |
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6. |
shares the European Commission’s view that in order to ensure high-quality drinking water, the risk-based approach to preventing adverse effects should be framed more comprehensively and efficiently than under Directive 98/83/EC on the quality of drinking water. The WHO Water Safety Plan concept, the general principles of European standard EN 15975-2 for a hazard assessment of bodies of water, a risk analysis of water supply by the water supplier, and a risk assessment of domestic distribution systems are justifiably laid down as the main principles of water supply. Risk assessment and risk management should allow more efficient drinking water provision, depending on local and regional conditions, and so guarantee high-quality drinking water for the consumer. The Member States, and above all their local and regional authorities, are required to ensure the quality of drinking water for consumers. It is important for a risk-based approach to be tailored to national circumstances; |
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7. |
recognises that high environmental standards and sustainable land management are key determinants on the water environment and quality of drinking water. In that regard all levels of government should continue to support activities related to land decontamination and combating diffuse pollution especially in the farming and forestry sectors; |
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8. |
in order to be able to check the quality of all materials and chemicals that come into contact with drinking water —such as the pipes in the distribution network or pulverised coal used in the purification— a regulatory framework with health and hygiene criteria is required. Because there is no European framework, the requirements differ per Member State. The proposal for the Directive does not provide a solution to the lack of harmonisation of this regulation. The Committee considers it important that a testing framework be included in the Drinking Water Directive to guarantee the quality of products and materials that come into contact with drinking water, for the protection of drinking water quality; |
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9. |
notes the crucial importance of analyses and information about both advances and successes in danger and risk evaluation and in polluter-based measures. Any resulting reports about drinking water and consumer information must be targeted and effective and the adaptation of reporting obligations to the new requirements of the directive planned by the European Commission must reflect this. It must be clear that all water for human consumption must meet the minimum quality standards for drinking water under the requirements and that information provided under the directive must therefore not lead to competition between water suppliers, because consumers in can in many case not choose between different suppliers. Water as a common good cannot give rise to competition; |
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10. |
the Commission proposes to extend the provision of information to consumers with subjects that are separate from drinking water quality, such as tariffs, leakage losses and organisation. The Committee is of the opinion that this does not belong in the Drinking Water Directive, which focuses on water quality and the protection of public health. Member States must be able to fill in the information on other topics themselves. Information about the quality of the drinking water must — as is now happening — be shared via the websites of the drinking water companies, to ensure that it is up-to-date and relevant to the specific delivery area. Focus therefore the provision of information to consumers on water quality and the protection of public health; |
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11. |
notes with concern that a recent study (1) has showed that more than 70 % of tap water samples collected in Europe and more than 80 % collected globally tested positive for the presence of micro-plastic, and agrees with the call on the European Commission to consider a ban of micro-plastics which are intentionally added to products and for which viable alternatives exist (2); |
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12. |
endorses the European Commission’s objective of improving access to water for human consumption for the whole of Europe’s population and of implementing this through the Member States. Access to water for human consumption is a fundamental component of public service provision. While competition in the water network is impossible for scientific and technological reasons, ethical considerations also rule out such competition. |
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13. |
may raise, in certain cases/countries the question of compliance with the subsidiarity and proportionality principles, given that the essential intention is to require the Member States to take measures to allow free access to and use of drinking water and make it available in all public spaces, and to guarantee access to drinking water for vulnerable and marginalised groups as it has been already achieved at national, regional and local level, since sufficient rules are in place at these levels. It is therefore questionable to what extent there is further need for action at EU level and to what extent the objective could be better achieved by the EU; |
Specific comments
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14. |
notes that water suppliers providing less than 10 m3 a day or supplying water to fewer than 50 people, unless the water is supplied as part of a commercial or public activity, are not covered by these provisions. We must call for consumers supplied by such providers to receive drinking water of the same quality and the same level of health protection as provided for under this directive. To avoid a lower level of health protection, the Commission is urged to also regulate such suppliers proportionately and to introduce exceptions from the terms of the directive for Member States where there is no expectation of values being exceeded; |
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15. |
considers that reporting requirements and monitoring frequencies for drinking-water suppliers providing less than 500 m3 per day should be proportionate and effective. Member States should be allowed to introduce derogations from the provisions if the limit values are not expected to be exceeded; |
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16. |
would advocate defining and listing in Article 2 all suppliers covered by the directive in respect of their size; |
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17. |
believes that the WHO guidelines for drinking-water quality should be made the single basis for assessing parametric values in terms of their health effects. The parametric values are based on available scientific data and findings, comply with the precautionary principle and ensure a high level of health protection, allowing water for human consumption to be used safely over a lifetime; |
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18. |
notes that the Commission proposal does not define the concept of ‘precautionary benchmark values’. No convincing assessment is provided with reference to the WHO guidelines for drinking-water quality, which could lead to uncertainty about the quality of drinking water for consumers and have a negative effect on consumer acceptance; |
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19. |
criticises the proposal for a directive for setting lower parametric values than those recommended by the WHO. This conflicts with the approach for other regulated parameters, which are based on the WHO guidelines. It also creates uncertainty for consumers and could provoke concerns not just about basic levels of health protection but also about what a substance’s relevance to health means. There is only so far either of these can be fully explained to the consumer. Loss of consumer confidence is only likely to encourage more use of bottled water in the future, which would go against the intention of the proposal for a directive; |
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20. |
underlines that there is growing concern about the potentially harmful effects of micro-plastics in water intended for human consumption; while further research is necessary in order to establish the precise nature of the effects of these substances, and to establish reliable and effective measuring methods, the CoR deems it important to give Member States and water suppliers the opportunity to monitor the presence of micro-plastics to the extent possible, and calls on the European Commission to support relevant research activities; |
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21. |
does not share the view that any breach of the parametric values should be automatically considered to pose a threat to human health, as provided for in Article 12(3). Rather, the extent of the breach in each individual case should determine the health risk: with respect to proportionality, the preventive approach of the WHO, which takes allocation into account, guarantees that in cases where the parametric value is exceeded drinking water is supplied without adverse health effects for a limited period of time. The precautionary principle is a key element of Directive 98/83/EC and would be abandoned in future under the current directive. In practice, when a parametric value is exceeded suppliers are often not even in a position to take measures that would be fully effective immediately or to offer an alternative supply immediately. Consumers could in that case judge the quality of the drinking water as deficient, and loss of trust could result in increased use of bottled water. This would go against the intention of the proposal for a directive. The European Commission is therefore asked to reinstate the deleted provisions of Article 9 of Directive 98/83/EC (‘Derogations’); |
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22. |
in view of the lack of European and national instructions on monitoring the asbestos levels in public drinking water, the indicator parameters in Annex I should be adopted in line with the principles of preventive health protection. The equipment-specific and technical parameters and parametric values are set out here, which can prevent possible release of asbestos fibres as a result of water with a corrosive effect. It should be accompanied by incentives to replace cement-asbestos pipes with another suitable material, given its critical importance in the event of subsidence caused by earthquakes or other events; |
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23. |
does not support the European Commission’s proposal to delete the indicator parameters in Annex I, and asks for the indicator parameters in Annex I Part C of Directive 98/83/EC to be restored and included with the parametric values in Annex I of the proposal. The indicator parameters establish health requirements for drinking water with reference to odour, taste and treatment processes. Non-compliance with an indicator parameter has an impact on water quality and on consumer acceptance, which in turn can result in increased use of bottled water. This would contradict the intention of the proposal for a directive; |
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24. |
does not agree with the European Commission’s proposal to regulate requirements for materials in contact with drinking water through the Construction Products Regulation (Regulation (EU) No 305/2011). Materials other than construction products can release substances into water, lowering water quality and thus compromising a high level of health protection for consumers. Regulation (EU) No 305/2011 currently lacks the necessary harmonisation of the basic hygiene and health requirement (Annex I, point 3(e)) for materials and products in contact with drinking water. No harmonised standards currently exist for testing and performance in relation to health requirements, and declarations of performance in relation to these cannot be drawn up and backed up for manufacturers. Moreover, it cannot be established for CE-marked construction products placed on the market whether the performance declaration (e.g. on mechanical strength) also confirms that there is no danger to human health as a result of substance migration into drinking water; |
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25. |
advocates testing and regulating under the Drinking Water Directive all materials and products that have come into contact with drinking water based on the requirements of the directive, in compliance with the minimisation principle and the precautionary principle. This will ensure that the level of health protection in relation to drinking-water quality is not compromised. Verified information on product-related migration of substances into drinking water is available through the system agreed between four Member States (4MS initiative), which provides a proven and notified basis for introducing a single EU-wide assessment scheme for materials and products that come into contact with drinking water; |
Brussels, 16 May 2018.
The President of the European Committee of the Regions
Karl-Heinz LAMBERTZ
(1) Orb media report based on studies from the University of Minnesota and the State University of New York, March 2018.
(2) Reiterating the call of the EP – ENVE – draft report of 27 March 2018 (2018/2035 (INI)).