26 Amendments of Birgit COLLIN-LANGEN related to 2017/0332(COD)
Amendment 130 #
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council68 and Directive 2001/83/EC of the European Parliament and of the Council69. However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. In the case of water intended for human consumption from public water supply or private wells put into bottles or containers intended for sale or used in the commercial manufacture, preparation or treatment of food, the water should as a matter of principle continue to comply with the provisions of this Directive until the point of compliance (i.e. until the point of use, i.e. the tap), and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council70. _________________ 68 Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (R;(recast) (OJ. L 164, 26.6.2009, p. 45). 69 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ. L 311, 28.11.2001, p. 67). 70 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ. L 31, 1.2.2002, p. 1).
Amendment 144 #
Proposal for a directive
Recital 5
Recital 5
(5) 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 review74, 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 ten year. The scientifically based WHO recommendations should apply be fore the values become more stringentllowed. _________________ 74 Drinking Water Parameter Cooperation Project of the WHO Regional Office for Europe "Support to the revision of Annex I Council Directive 98/83/EC on the quality of water intended for human consumption (Drinking Water Directive) Recommendation", 11 September 2017..
Amendment 164 #
Proposal for a directive
Recital 8
Recital 8
(8) Preventive safety planning and risk- based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO’s Guidelines for Drinking Water Quality76. Those Guidelines, laying down the so-called "Water Safety Plan" approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost- effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should consist of three components: first, an assessment by the Member State of the hazards associated with the abstraction area ("hazard assessment"), in line with the WHO’s Guidelines and Water Safety Plan Manual77; second, a possibility for the water supplier to adapt monitoring to the main risks ("supply risk assessment"); and third, an assessment by the Member State of the possible risks stemming from the domestic distribution systems (e.g. Legionella or lead) ("domestic distribution risk assessment"). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities and, water suppliers and other stakeholders. _________________ 76 Guidelines for drinking water quality, Ffourth Eedition, World Health Organisation, 2011 http://www.who.int/water_sanitation_healt h/publications/2011/dwq_guidelines/en/ind ex.html 77 Water Safety Plan Manual: step-by-step risk management for drinking water suppliers, World Health Organisation, 2009, http://apps.who.int/iris/bitstream/10665/75 141/1/9789241562638_eng.pdf
Amendment 190 #
Proposal for a directive
Recital 14
Recital 14
(14) The risk-based approach should gradually be applied by all water suppliers, including small water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations. When applying the risk-based approach, security concerns should be taken into account. For smaller suppliers, the competent authority should support the monitoring operations.
Amendment 194 #
Proposal for a directive
Recital 15
Recital 15
(15) In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately 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 thatn the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by Member States a, Member States should determine whether the exceedance of the values constitutes a potential dangerrisk 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.
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation, processing or production, or for other food purposes, or other domestic purposes in both public and private premises , including food businesses, regardless of its origin and whether it is supplied from a distribution network, from private wells, supplied from a tanker or, for spring waters, put in bottles .
Amendment 269 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'water supplier' shall mean an public or private entity supplying at least 10 m3 of water intended for human consumption a day as an average.
Amendment 321 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
The Member States shall take all necessary measures to ensure that the treatment agents, materials and disinfection procedures used in water supply systems do not adversely affect drinking water quality. The resulting contaminations must be minimised without, however, compromising the effectiveness of disinfection.
Amendment 338 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that the supply, treatment and distribution of water intended for human consumption is subject to aare adapted to local circumstances and appropriate. A risk-based approach shall be adopted, composed of the following elements:
Amendment 398 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – introductory part
Article 8 – paragraph 5 – subparagraph 1 – introductory part
On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders, or ensure that those measures are taken by the water suppliers:
Amendment 417 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Article 9 Derogations Member States may provide for derogations from the parametric values set out in Annex I, Part B, or set under Article 5(3), up to a maximum value to be determined by them, provided such derogations do not constitute a potential danger to human health and the supply of drinking water in the area concerned cannot otherwise be maintained by any other reasonable means. Authorisations for derogations should be for as short a time as possible and may not exceed three years; towards the end of the authorisation period, a review shall be carried out to gauge 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. This second authorisation of a derogation shall not exceed three years. (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 decide on this request within three months. (3) The authorisation of derogations under paragraph 1 or 2 shall include information on the following points: (a) the reason for the derogation, (b) the parameter concerned, previous relevant monitoring results and the maximum permitted value provided for the derogation, (c) the geographical area, the quantity of water delivered per day, the population concerned and whether relevant food businesses are affected or not, (d) an appropriate monitoring programme, if necessary with an increased frequency of monitoring, (e) a summary of the corrective action plan, including a timetable for the work, an estimate of the costs and provisions for review, and (f) the duration of the derogation required. (4) Where the competent authorities consider that non - compliance with a parameter value is immaterial and that the problem can be remedied by means of corrective action within 30 days in accordance with Article 8 (2), Paragraph 3 need not be applied, in which case the competent authorities or other relevant authorities shall specify only the maximum permissible value for the parameter concerned and the period allowed to remedy the problem. (5) Recourse to paragraph 4 is no longer possible if a parameter value for a given water supply has not been complied with during the previous 12 months for a total of more than 30 days. (6) Member States which make use of the derogations provided for in this Article shall ensure that the population affected by the derogation is informed promptly and adequately of the derogation and associated conditions. In addition, Member States shall ensure that, where necessary, advice is given to particular categories of persons for whom the derogation might pose a particular risk. Those obligations shall not apply to the case referred to in paragraph 4 unless the competent authorities decide otherwise. (7) Except in the case of derogations under paragraph 4, Member States shall inform the Commission, within two months, of derogations relating to a water supply of more than 1 000 m³ per day on average or more than 5 000 persons and add the information required in paragraph 3. (8) This Article shall not apply to water intended for human consumption, which is offered for sale in bottles or other containers.
Amendment 431 #
Proposal for a directive
Article 10 – paragraph 1 – point b – paragraph 2
Article 10 – paragraph 1 – point b – paragraph 2
Amendment 449 #
Proposal for a directive
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) 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, if this is appropriate and reasonable in a supply zone, in addition to the measures referred to in points (a) and (b);
Amendment 458 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Minimum requirements for products and materials in contact with water 1. Member States shall take all necessary measures to ensure that substances and materials for the manufacture of new products in contact with water intended for human consumption used for abstraction, treatment or distribution, or the impurities associated with such substances: (a) do not directly or indirectly reduce the protection of human health provided for in this Directive; (b) do not affect the smell or taste of water intended for human consumption; (c) are not present in water at a concentration in excess of that required for the attainment of the intended target; and (d) do not promote microbial growth. 2. For the purposes of paragraph 1, the Commission shall be empowered to 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 and materials in contact with water intended for human consumption approved in the EU. 3. Materials coming into contact with water intended for human consumption covered by other Union acts, such as Regulation (EC) No 305/2011 of the European Parliament and of the Council, fulfill the requirements set out in paragraphs 1 and 2.
Amendment 483 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Member States shall automatically considerdecide, in the case of any failure to meet the minimum requirements for parametric values set out in Annex I, parts A and B, whether this failure is as a potential danger to human health.
Amendment 508 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Without prejudice to Article 9 of Directive 2000/60/EC and the principle of proportionality, 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 inter alia:
Amendment 530 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) setting up and maintaining outdoors and or indoors equipment for free access to water intended for human consumption in public spaces; these measures must be adapted to local conditions such as climate and geography.
Amendment 561 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
On the basis of the information gathered under paragraph 1(a), Member States shall take all necessary and appropriate measures to ensure access to water intended for human consumption for vulnerable and marginalised groups.
Amendment 597 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point i
Article 14 – paragraph 2 – subparagraph 1 – point a – point i
Amendment 600 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point ii
Article 14 – paragraph 2 – subparagraph 1 – point a – point ii
Amendment 614 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point iii
Article 14 – paragraph 2 – subparagraph 1 – point a – point iii
Amendment 630 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a a (new)
Article 14 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) information on water quality;
Amendment 689 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 739 #
Proposal for a directive
Annex II – part B – point 2 – table 1
Annex II – part B – point 2 – table 1
Table 1 Minimum frequency of sampling and analysis for compliance monitoring Volume (m3) of water distributed Minimum number of samples per year or produced each day within a supply zone ≤ 10 Microbiological Chemical parameters parameters (Group (Group B) A) < 10* >0 >0 ≥ 10 10a ≤ 100 4a 1 > 100 ≤ 1 000 12a 10a 1 > 1 000 ≤ 10 000 50b 12b 1 +3 +1 for each 1 000 m3/d for each 4 500 m3/d and and part thereof of part thereof of the total the total volume volume > 10 000 ≤ 100000 3 +1 for each 10 000 m3/d 365 > 100 000 365 and part thereof of the total volume > 100000 12 +1 for each 25 000 m3/d and part thereof of the total volume a: all samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high. b: at least 10 samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high. *: The Member State may leave it up to the competent supervisory authority to decide which parameters are to be investigated and how often. The key parameters must be examined at least once a year.
Amendment 748 #
Proposal for a directive
Annex II a (new)
Annex II a (new)
Minimum hygiene requirements for substances and materials for the manufacture of new products coming into contact with water intended for human consumption: (a) A list of substances approved for use in the manufacture of materials, including, but not limited to, organic materials, elastomers, silicones, metals, cement, ion exchange resins and composite materials, and products made therefrom. (b) Specific requirements for the use of substances in materials and products made therefrom. (c) Specific restrictions on the migration of certain substances into the drinking water. (d) Hygiene rules regarding other properties required for compliance. (e) Basic rules to verify compliance with (a) to (d). (f) Rules concerning sampling and analysis methods to verify compliance with (a) to (d).
Amendment 770 #
Proposal for a directive
Annex IV – paragraph 1 – point 2 – introductory part
Annex IV – paragraph 1 – point 2 – introductory part
(2) the most recent monitoring results for parameters listed in Annex I, parts A and B, including frequency and location of sampling points, relevant to the area of interest to the person supplied, together with the parametric value set in accordance with Article 5. The monitoring results must not be older than: