68 Amendments of Nessa CHILDERS related to 2017/0332(COD)
Amendment 118 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the quality of water intended for human consumption (recast) (Text with EEA relevance)
Amendment 122 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 98/83/EC set the legal framework to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. This Directive should pursue the same objective. To that end, it is necessary to lay down at Union level the minimum requirements with which water intended for that purpose must comply. Member States should take theall necessary measures to ensure that water intended for human consumption is free from any micro- organisms and parasites and from substances which, in certain cases, constitute a potential danger to human health, and that it meets those minimum requirements.
Amendment 131 #
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 put into bottles or containers intended for sale or used in the manufacture, preparation or treatment of food, the water should comply with the provisions of this Directive until the point of compliance (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 . Where applicable food safety requirements are met, national authorities should have the power to authorise the reuse of water in food processing industries. _________________ 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 (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 134 #
Proposal for a directive
Recital 4
Recital 4
(4) Following the conclusion of the European citizens' initiative on the right to water (Right2Water)71 , a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed72 . It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited relianceinconsistent application onf a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption and the implications this has for human health. In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, - especially amongst vulnerable and marginalised groups, - has no access to water intended for human consumption, which is alsoinconsistent with the recognition that access to water is a basic right essential for the realisation of all human rights. It is also inconsistent with a commitment made under Sustainable Development Goal 6 of UN Agenda 2030. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European Court of Auditors' Special Report on water infrastructure73 . _________________ 71 72COM(2014) 177 final COM(2014) 177 final 72 SWD(2016) 428 final SWD(2016) 428 final 73 Special report of the European Court of Auditors SR 12/2017: "Implementing the Drinking Water Directive: water quality and access to it improved in Bulgaria, Hungary and Romania, but investment needs remains substantial".
Amendment 157 #
Proposal for a directive
Recital 7
Recital 7
(7) Where necessary to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I in line with the full application of the precautionary principle. Member States should take such measures in cooperation with public health and environmental stakeholders, as well as with those responsible for the relevant sources or potential sources of pollution.
Amendment 162 #
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 theall potential 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 ensuresshould be founded upon a continuous exchange of information between competent authorities and, public health and environmental stakeholders, those responsible for pollution sources, as well as water suppliers. _________________ 76 Guidelines for drinking water quality, Fourth Edition, 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 168 #
Proposal for a directive
Recital 9
Recital 9
(9) The hazard assessment should be geared towardstake a holistic approach to risk assessment, founded on the explicit aim of reducing the level of treatment required for the production of water intended for human consumption, for instance byprimarily via preventative measures which reducinge the pressures causing the pollution - or risks of pollution - of water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazards and all 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 Council78 ), 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). TIn line with Directive 2000/60/CE, 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 stakeholderpublic health and environmental stakeholders, as well as those responsible for pollutant or potential pollutant sources. _________________ 78 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
Amendment 173 #
Proposal for a directive
Recital 10
Recital 10
(10) As regards the hazard assessment, Directive 2000/60/EC requires Member States to identify water bodies used for the abstraction of water intended for human consumption, monitor them, and take the necessary measures to avoid deterioration in their quality in order to reduce the level of purification treatment required in the production of water that is fit for human consumption, based on the principle that preventative measures should always be favoured over additional treatment. To avoid any duplication of obligations, Member States should, when carrying out the hazard assessment, clarify where responsibilities lie across the competent authorities and should make use of the monitoring carried out under Articles 7 and 8 of Directive 2000/60/EC and Annex V to that Directive and of the measures included in their programmes of measures pursuant to Article 11 of Directive 2000/60/EC.
Amendment 175 #
Proposal for a directive
Recital 11
Recital 11
(11) 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. 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 Council79 in contact with drinking water. The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council80 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 WHO81 , 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. _________________ 79 Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5). products and materials in contact with water does not endanger human health. _________________ 80 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 81 "Legionella and the prevention of Legionellosis", World Health Organisation, 2007, http://www.who.int/water_sanitation_healt h/emerging/legionella.pdf
Amendment 181 #
Proposal for a directive
Recital 12
Recital 12
(12) 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 or providing sufficient protections with regard to human health. 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 Programme82 , 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. _________________ 82 and has serious implications in terms of ensuring satisfactory minimum standards of protection for human health. This situation stems from the fact that there are currently no minimum European hygiene standards for all products and materials in contact with water intended for human consumption, that being essential for fully ensuring mutual recognition between Member States. The removal of technical barriers and conformity of all products and materials in contact with water intended for human consumption at Union level may therefore only be effectively achieved by establishing minimum quality requirements at Union level. As a consequence, those provisions should be strengthened by means of a procedure for harmonisation of such products and materials. That work should draw on the experience gained and advances made by a number of Member States that have been working together for some years, in a concerted effort, to bring about regulatory convergence. SWD(2016) 185 final
Amendment 184 #
Proposal for a directive
Recital 13
Recital 13
(13) Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive. Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers, but where necessary, Member States should clarify where the obligations stemming from the transposition of this Directive lie amongst competent authorities. A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual.
Amendment 189 #
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, as well as the precautionary, polluter pays, and cost recovery principles, should be taken into account.
Amendment 200 #
Proposal for a directive
Recital 17
Recital 17
(17) The Commission, in its reply to the European citizens’ initiative ‘Right2Water’ in 201483 , invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to "improve access to safe drinking water […] for the whole population through environmental policies"84 . This is in line with Articles 1 and 2 of the Charter of Fundamental Rights of the European Union. It is also founded upon Principle 20 of the European Pillar of Social Rights and UN General Assembly Resolutions No 64/292 and No 68/157, which explicitly recognise that access to drinking water is a basic right essential for the realisation of all human rights. This is also in line with UN Sustainable Development Goal 6 and the associated target to "achieve universal and equitable access to safe and affordable drinking water for all". The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons,obstacles of geography, financial affordability, or a lack of infrastructure for the specific situation of certain parts of the populations), as well as quality, and acceptability, or. Concerning financial affordability. Concerning affordability of water, it is important to recall that, when setting water tariffs in accordance with the principle of recovery of costs and the polluter pays principle set out in Directive 2000/60/EC, Member States mayshould have regard to the variation in the economic and social conditions of the population and may thereforeshould either adopt social tariffs or take alternative measures to safeguarding populations at a socio- economic disadvantage. This Directive deal, such as through the provision of water banks, min particular,imum water quotas or water solidarity funds. This Directive deals with the aspects of access to water which are related to quality and availaccessibility. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights85 that states that "everyone has the right to access essential services of good quality, including water", Member States should be required to tackle the issue of universal access to water at national level whilst enjoying some discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance with freely accessible fountaby ensuring a sufficient number of freely accessible designated refill points in cities, and towns and at promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants. _________________ 83 84awareness raising campaigns for the general public of the location of these refill points; at encouraging the free provision of water intended for human consumption in public buildings, restaurants, shopping and recreational centres, as well as, in particular, areas of transit and large footfall such as at train stations and airports. _________________ 83 COM(2014)177 final COM(2014)177 final 84 COM(2014)177 final, p. 12. COM(2014)177 final, p. 12. 85 Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C 428/09) of 17 November 2017 (OJ C 428, 13.12.2017, p. 10).
Amendment 209 #
Proposal for a directive
Recital 18
Recital 18
(18) The European Parliament, in its Resolution on the "follow-up to the European citizens’ initiative Right2Water"86 , "requested that Member States should pay special attention to the needs of vulnerable groups in society"87 . The specific situation of minority cultures, such as Roma, Sinti, and Travellers, Kalé, Gens du voyage etc., whether sedentary or not – in particular their lack of access to drinking water and sanitation – was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies88 and the Council Recommendation on effective Roma integration measures in the Member States89 . The 2016 report from the Fundamental Rights Agency highlights that every third Roma household surveyed lives in a house without tap water and every other Roma family lives without a toilet, shower or bathroom inside their dwelling. A report from the European Roma Rights Centre shows that 40% of Roma surveyed have to climb over fences, cross highways or be confronted by stray dogs while trying to get daily water, which often has not been tested for safety and is exposed to contaminants. It is also of particular concern that a proportion of people in the EU in or facing poverty are at risk of losing access to water due to reasons of financial affordability. For example, the 2013 Report "Our Right to Water: Case Studies on Austerity and Privatisation in Europe"2a found that 5,000 people in Bulgaria are unable to afford their water bills, risking disconnection from the water supply. In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Without prejudice to the right of the Member States to define those groups, they should at least include people in or at risk of poverty, refugees, nomadic communities, homeless people and minority cultures such as Roma, Sinti, and Travellers, Kalé, Gens du voyage, etc., whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via tankers (trucks and cisterns) and ensuring the necessary infrastructure for camps. _________________ 2aRight to Water for All: Case Studies on Austerity and Privatisation in Europe http://www.foodandwatereurope.org/wp- content/uploads/2010/06/FoodandWaterE uropeOurRightToWAter.pdf 86 P8_TA(2015)0294 87 P8_TA(2015)0294, paragraph 62. 88 COM(2014) 209 final 89 Council Recommendation (2013/C 378/01) of 9 December 2013 on effective Roma integration measures in the Member States (OJ C 378, 24.12.2013, p. 1).
Amendment 219 #
Proposal for a directive
Recital 19
Recital 19
(19) The 7th Environment Action Programme to 2020 ‘Living well, within the limits of our planet’90 , requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information is easily accessible, for instance on a website and understandable by the public, for instance in a booklet, or on a website or smart application whose link should be actively distributed. The up- to- date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as information on, where applicable, annual turnover and shareholder dividends, as well as indicators (iron, hardness, minerals, etc.), which often influence consumers' perception of tap water. To that end, the indicator parameters of Directive 98/83/EC that did not provide health-related information should be replaced by on-line information on those parameters. For very large water suppliers, additional information on, inter alia, energy efficiency, management, governance, cost structure, and treatment applied, should also be available on-line. It is assumed that bBetter consumer knowledge and improved transparency will contributehelp to increasinge citizens' confidence in the water supplied to them. This in turn is expected, and will help to lead to an increased use of tap water, thereby contributing to reduced plastic litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole. _________________ 90 Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354, 28.12.2013, p. 171).
Amendment 226 #
Proposal for a directive
Recital 20
Recital 20
(20) For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information (for instance on their invoice or by smart applications) on the volume consumed, the cost structure of the tariff charged by the water supplier, including variable and fixed costs, as well as on the price per litre of water intended for human consumption, thereby allowing afor an easy comparison with the price of bottled water. Information should also be provided on the overall performance of the water system, with particular regard to leakage rates, which should be expressed in terms of cubic metres of water produced/km of pipe per day.
Amendment 231 #
Proposal for a directive
Recital 21
Recital 21
(21) The principles to be considered in the setting of water tariffs, namely recovery of costs for water services and polluter pays, are set out in Directive 2000/60/EC. However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage rates and low levels of energy efficiency – mainly due to such under- investment – have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. Current leakage rates in the EU are high, at 23% in public water suppliers1a. Reduction of water losses should be encouraged at Union level for three reasons. Firstly, such measures will reduce the risks to public health which come from potential contamination of water due to leakages and will also prevent the need for water suppliers to carry out additional treatment, in line with the risk-based approach established in Article 7. Secondly, given that 4% of global electricity is consumed by the water industry, a figure which is expected to double by 2040, such measures should also be encouraged to improve the efficiency of water infrastructure in line with the EU Action Plan for the Circular Economy. Finally, these measures will also contribute towards lowering unnecessary costs for the water supplier, local authorities, and consumers alike, in line with the objective of this Directive to improve universal access to water. In line with the principle of subsidiarity, thatis issue should be addressed by introducing measures to evaluate and set targets at Member State level for reducing the leakage rate of water suppliers on their territory, as well as increasing transparency and consumer information on leakage rates and energy efficiency. _________________ 1a SWD(2017)0449, p.9
Amendment 242 #
Proposal for a directive
Recital 26
Recital 26
(26) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote universal access to safe drinking water and, as a result, uphold the principles relating to health care and sanitation, access to services of general economic interest, environmental protection and consumer protection.
Amendment 246 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive, and take measures necessary under the changes set out under Article 10. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom96 and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be deleted. _________________ 96 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12).
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive concerns the quality of water intended for human consumption for all in the EU.
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. At the same time, this Directive shall promote universal access to water intended for human consumption.
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'priority premises' shall mean large premises with many userspeople, in particular vulnerable persons, potentially exposed to water-related risks, such as hospitals, healthcare institutions, retirement homes, schools and universities, crèches, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States.
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
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, including people who are in or at risk of poverty, 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.
Amendment 304 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Without prejudice to their obligations under other Union provisions, Member States shall take the measures necessary to ensure thatpromote universal access to water intended for human consumption and to ensure that this water is wholesome and clean. For the purposes of the minimum requirements of this Directive, water intended for human consumption shall be wholesome and clean if it meets all the following conditions :
Amendment 311 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that the measures taken to implement this Directive adhere fully to the precautionary principle and in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption .
Amendment 312 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall take measures to ensure that competent authorities carry out a comprehensive assessment, comprising all relevant public health, environmental, technical, economic factors, of the potential for improvements in the energy efficiency and water leakage reduction of the drinking water sector. Member States shall adopt targets to improve these energy efficiency and reduce leakage rates, the latter expressed in terms of cubic metres of water/km of pipe per day. Member States shall also set up meaningful incentives to ensure that water suppliers in their territory meet these leakage rates by 2030.
Amendment 353 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Supply risk assessments shall be carried out by very large water suppliers and large water supplierswater operators managing very large supply zones and large supply zones, as defined in Annex II, by [3 years after the end-date for transposition of this Directive], and by small water supplierfor water operators managing small supply zones by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary.
Amendment 367 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) identification of all hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. To that end, Member States may use 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;
Amendment 381 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States shall inform water suppliers using the body of water covered by the hazard assessment of the results of the monitoring carried out under paragraph 1(d) and may, on the basis of those monitoring results, and of the information collected under paragraph 1 and 2 gathered under Directive 2000/60/EC, Member States shall:
Amendment 382 #
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
Amendment 386 #
Proposal for a directive
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(a a) in cooperation with water suppliers and other public health and environmental stakeholders, take prevention measures to reduce or avoid the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC;
Amendment 387 #
Proposal for a directive
Article 8 – paragraph 3 – point a b (new)
Article 8 – paragraph 3 – point a b (new)
(a b) in cooperation with water suppliers and other stakeholders, take mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source.
Amendment 388 #
Proposal for a directive
Article 8 – paragraph 3 – point a c (new)
Article 8 – paragraph 3 – point a c (new)
(a c) where measures set out above have not been deemed sufficient as providing adequate protections for human health, Member States may require water suppliers to carry out additional monitoring or treatment of certain parameters;
Amendment 390 #
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
Amendment 391 #
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
(b a) where a water supplier is allowed to decrease the monitoring frequency as referred to in paragraph 2(b), continue to regularly monitor those parameters in the body of water covered by the hazard assessment.
Amendment 392 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. On the basis of the monitoring carried out under paragraph 1(d), Member States may allow water suppliers to decrease the monitoring frequency of certain parameters, without being required to carry out a supply risk assessment, provided that they are not core parameters within the meaning of Annex II, part B, point 1, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water. In such cases where a water supplier is allowed to decrease the monitoring frequency as referred to, Member States shall continue to regularly monitor those parameters in the body of water covered by the hazard assessment.
Amendment 393 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 395 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 416 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. On the basis of the results of the risk assessment carried out pursuant to paragraph 1, Member States shall ensure that water suppliers establish an action plan tailored tothe risks identified and proportionate to the size of the water supplier. By way of an example, the plan may concern the use of materials in contact with water, water treatment products or measures to adapt to future challenges, such as climate change.
Amendment 424 #
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials pursuant to the new requirements as set out in this Directive, and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption, in particular where water is supplied to the public in priority premises;
Amendment 430 #
Proposal for a directive
Article 10 – paragraph 1 – point b – paragraph 1
Article 10 – paragraph 1 – point b – paragraph 1
regular monitoring of the parameters listed in Annex I, part C, in premises where the potential danger to human health is considered highest, including as a minimum priority premises. Relevant parameters and premises for monitoring shall be selected on the basis of the assessment performed under point (a).
Amendment 435 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) a verification of whether the performance of construction productproducts and materials 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 305/2011protection of human health.
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 453 #
Proposal for a directive
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) for Legionella, in particular Legionella pneumophilia, ensure that effective control and management measures are in place to prevent and address possible disease outbreaks.
Amendment 456 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Minimum hygiene requirements for products substances 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 above the level necessary to achieve the purpose for which they are used: and (d) do not promote microbial growth. 2. For the purposes of ensuring a harmonised application of paragraph 1, within 3 years of entry into force of this Directive, the Commission shall adopt delegated acts inaccordance with Article 19 in order to supplement this Directive by laying down the minimum hygiene requirements and the list of substances and materials incontact with water intended for human consumption approved in the EU. The Commission shall regularly review and update this list in line with the latest scientific and technological developments. 3. In order to support the Commission in adopting and amending the delegated acts pursuant to paragraph 2, a standing committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers. 3) Materials in contact with water intended for human consumption which are covered by other EU legislation, such as Regulation No 305/2011 shall comply with the requirementsof paragraphs 1 and 2.
Amendment 488 #
Proposal for a directive
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. In the cases described in paragraphs 2 and 3, in full application of the precautionary principle, Member States shall as soon as possible take all of the following measures:
Amendment 499 #
Proposal for a directive
Article 13 – title
Article 13 – title
13 AUniversal access to water intended for human consumption
Amendment 500 #
Proposal for a directive
Article 13 – paragraph –1 (new)
Article 13 – paragraph –1 (new)
-1. The right to safe and clean drinking water is recognised as a basic right which is essential for the full enjoyment of life and the realisation of all human rights as set out in UN General Assembly Conventions No 64/292 and No 68/157;
Amendment 521 #
Proposal for a directive
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(a a) introducing social tariffs or taking alternative measures in order to safeguard vulnerable and marginalised groups in their population who do not have or risk losing access to water intended for human consumption;
Amendment 525 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) setting up and maintaining outdoors and indoors equipment for, including designated refill points, to ensure free access to water intended for human consumption in public spaces, particularly in areas of high footfall such as buildings connected with transport links (train, bus and coach terminals and stations), shopping and recreational centres;
Amendment 537 #
Proposal for a directive
Article 13 – paragraph 1 – point c – point i
Article 13 – paragraph 1 – point c – point i
(i) launching campaigns to inform citizens about the quality of suchtap water;
Amendment 538 #
Proposal for a directive
Article 13 – paragraph 1 – point c – point i a (new)
Article 13 – paragraph 1 – point c – point i a (new)
(i a) launching initiatives to raise awareness amongst the general public of the location of their nearest refill point;
Amendment 543 #
Proposal for a directive
Article 13 – paragraph 1 – point c – point ii
Article 13 – paragraph 1 – point c – point ii
(ii) encouraging the free provision of such water in administrations and public buildings, and discouraging the use of plastic bottles;
Amendment 548 #
Proposal for a directive
Article 13 – paragraph 1 – point c – point iii
Article 13 – paragraph 1 – point c – point iii
(iii) encouragmandating the free provision of such water in restaurants, canteens, and catering services.
Amendment 567 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Pursuant to the data collected under the provisions set out in 15(1a), the Commission shall collaborate with Member States and the European Investment Bank to support municipalities in the Union which lack the necessary capital in order to enable them to access technical assistance, available Union funding and long-term loans at a preferential interest rate, particularly for the purpose of maintaining and renewing water infrastructure in order to ensure the provision of high quality water, and to extend water and sanitation services to vulnerable and marginalised population groups as set out in Article 2(8).
Amendment 572 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that adequate and, up-to-date and accessible information on water intended for human consumption is available online to all persons supplied, in accordance with Annex IV.
Amendment 621 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point iv a (new)
Article 14 – paragraph 2 – subparagraph 1 – point a – point iv a (new)
(iv a) the overall performance of the water system in terms of leakage rates expressed in terms of m3 of water produced/km of pipe per day;
Amendment 625 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 – point a – point iv b (new)
Article 14 – paragraph 2 – subparagraph 1 – point a – point iv b (new)
(iv b) where applicable, information relating to the annual turnover and shareholder dividends of the company;
Amendment 662 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Member states shall set out a clear division of responsibilities in regards to this task between the water suppliers, stakeholders and competent local bodies.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).
Amendment 666 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) set up by … [6 years after the end- date for transposition of this Directive], and update every 6 years thereafter, a data set containing information on the measures taken under Article 13, and on the share of their population that hasdoes not have access to water intended for human consumption and the reasons for this lack of access (due to, for example, obstacles of geography, financial affordability or lack of infrastructure);
Amendment 672 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point d a (new)
Article 15 – paragraph 1 – subparagraph 1 – point d a (new)
(da) pursuant to the measures set out in Article 4(3), set up, and update annually thereafter, a data set containing information on the energy performance and leakage rates in the drinking water sector.
Amendment 678 #
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The Commission may adopt implementingdelegated acts specifying the format of, and modalities to present, the information to be provided in accordance with paragraphs 1 and 3, including detailed requirements regarding the indicators, the Union-wide overview maps and the Member State overview reports referred to in paragraph 3.
Amendment 685 #
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) provisions related to access to water set out in Article 13 and the share of the population without access to water;
Amendment 688 #
Proposal for a directive
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(c a) provisions related to the overall performance of water systems, including leakage rates, as set under Article 4(3), specifying the methodology used by Member States to define their leakage rate reduction targets, as well as the efforts made to comply with these targets;
Amendment 696 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Five years after the (entry into force of this Directive) the Commission shall review whether the provision in Article 10a have led to a sufficient level of harmonisation of hygienic requirements on materials and products in contact with drinking water and, if necessary, take further appropriate measures.
Amendment 847 #
Proposal for a directive
Annex IV – paragraph 1 – point 7 – point b
Annex IV – paragraph 1 – point 7 – point b
(b) information on management and governance of the water supplier, including the composition of the board and, where applicable, information relating to the annual turnover and shareholder dividends of the company;
Amendment 858 #
Proposal for a directive
Annex IV – paragraph 1 – point 7 – point d
Annex IV – paragraph 1 – point 7 – point d
(d) where costs are recovered through a tariff system, information on the cost structure of the tariff charged to consumers per cubic meter of water, including fixed and variable costs, presenting at least costs related to energy use per cubic meter of delivered water, measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(4), treatment and distribution of water intended for human consumption, waste water collection and treatment, and costs related to measures for the purposes of Article 13, where such measures have been taken by water suppliers, information relating to the measures taken to reduce leakage rates as stipulated under Article 4.3;
Amendment 867 #
Proposal for a directive
Annex IV – paragraph 1 – point 7 – point e
Annex IV – paragraph 1 – point 7 – point e
(e) the amount of investment considered necessary by the supplier to ensure the financial sustainability of the provision of water services (including maintenance of infrastructure), how this amount is determined, including the methodology and decision-making process which led to determining the investment priorities, and the amount of investment actually received or recouped;