EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Directive (EU) No 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast), includes minimum hygiene requirements for materials that come into contact with water intended for human consumption.

The Commission Delegated Regulation (EU) …/… [OP: please fill in the reference of C(2023)7004] establishes the procedure to assess whether a product covered by this regulation complies with the hygiene requirements set out in Article 11 of Directive (EU) 2020/2184.

This Commission Delegated Regulation establishes harmonised specifications for a conspicuous, clearly legible and indelible marking to be used to indicate that products coming into contact with water intended for human consumption comply with Article 11 of Directive (EU) 2020/2184.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

The Commission carried out targeted consultations with stakeholders in the water sector during the drawing up of this Regulation.

The Commission consulted Member States’ experts in meetings of the expert group on the implementation of the Drinking Water Directive. The Commission also discussed this Regulation with Member States’ experts in meetings of the expert group’s subgroup on materials that come into contact with drinking water. The last meeting of the Drinking Water Expert Group took place on 16 June 2023 where stakeholders were invited to comment on this Regulation.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

In line with Article 11(11) of Directive (EU) 2020/2184, the Commission is empowered to establish harmonised specifications for a conspicuous, clearly legible and indelible marking to be used to indicate that products that come into contact with water intended for human consumption comply with Article 11 of Directive (EU) 2020/2184.

Article 1 sets out the marking requirements and the rules for displaying the marking. Article 2 establishes the date of entry into force. The application of this Regulation will be delayed by two years after its entry into force to align it with the rest of the drinking water contact materials package.

COMMISSION DELEGATED REGULATION (EU) …/...

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supplementing Directive (EU) No 2020/2184 of the European Parliament and of the Council by establishing harmonised specifications for the marking of products that come into contact with water intended for human consumption

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption 1 , and in particular Article 11(11) thereof,

Whereas:

(1)Article 11 of Directive (EU) 2020/2184 requires Member States to ensure that certain materials that come into contact with water intended for human consumption do not directly or indirectly compromise the protection of human health, adversely affect the colour, odour or taste of the water, enhance microbial growth, or leach contaminants into the water at levels that are higher than necessary in view of the intended purpose of the material.

(2)In accordance with Article 11(11) of the Directive (EU) 2020/2184, the Commission is to adopt delegated acts to establish harmonised specifications for a conspicuous, clearly legible and indelible marking to be used to indicate that a product that comes into contact with water intended for human consumption is in conformity with Article 11 of that Directive. A product for which a EU declaration of conformity has been issued in accordance with Commission Delegated Regulation (EU) …/… [OP: please fill in the reference of C(2023)7004] is to be accompanied by the marking established in this Regulation.

(3)The harmonised specifications for the position and design of the marking apply to products that are intended to be used in new installations or, in the case of repairs works or reconstruction, in existing installations for the abstraction, treatment, storage or distribution of water intended for human construction and that are intended to come into contact with such water.

(4)In order to be sufficiently visible and clearly identified, a minimum size for the marking should be set out and the marking should be composed of a symbol and an information text.

HAS ADOPTED THIS REGULATION:

Article 1

1.The marking referred to in Article 11(11) of Directive (EU) 2020/2184 (the ‘marking’) shall include the symbol reproduced in the Annex. The symbol shall be at least 5 mm high.  

Where the symbol of the minimum size cannot be affix on the product, it shall be affixed to the packaging and to the documentation.

The symbol shall be visibly affixed to one or more surfaces of the product, on any technical and administrative documents accompanying the product (the ‘documentation’) and on the packaging of the product.

2.The marking on the documentation and on the packaging of the product shall also include the following information text:

‘SUITABLE FOR DRINKING WATER’.

3.The information text referred to in paragraph 3 shall be clearly visible and shall be placed below the symbol, in upper case and in Helvetica Bolt with a minimum font size of 5 mm.

The information text shall be written in the official languages of the Member State where the product is placed on the market unless that Member State provides otherwise.

Additional languages may be used for the information text than those required by the Member States, provided that the same information appears in all languages used.

Where the information text is translated into another language than the required languages referred to in the second subparagraph, the translated text shall be placed below the information text in those required languages.

4.The colour and presentation of the marking shall be such that the symbol stands out clearly.

5.Other labelling may be affixed to the product, documentation and packaging provided that the visibility, legibility and meaning of the marking is not impaired.

6.All elements of the marking shall be located close to the other labelling on the product, on the documentation and on the packaging.

Article 2

Entry into force

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

It shall apply from 31 December 2026.

Done at Brussels,