EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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)    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Directive (EU) No 2020/2184 of the Europe an 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 Dele gated Regulation (EU) …/… [OP: please fill in the reference of 
C(2023)7004 ] establishes the procedure to assess whether  a product  covered by th is 
regulation  complies  with the hygiene  requirements set out in  Article 11 of Directive (EU) 
2020/2184.   
This Co mmission 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 Memb er 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 conta ct 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 int o force  to align it with the rest of the drinking water contact 
material s package .  
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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 Func tioning 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 consumption1, and in particular 
Article  11(11)  thereof,  
Whereas:  
(1) Article 1 1 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, odo ur 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 come s 
into contact with water intended for human consumption is in conformity with Article 
11 of th at 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 appl y 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 :  
                                                 
1 OJ L 435,  23.12.2020, p. 1.   
EN 3  EN 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 t o the packaging  and to the document ation.  
The symbol shall be visibly affixe d 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 m arking 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 f ont 
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 provi des 
otherwise.  
Additional languages may be used for the information text than those required by the 
Member States, provided that the same information appear s in all languages used.  
Where the information text is translated into another language than the re quired 
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 docu mentation 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.    
EN 4  EN Done at Brussels,  
 For the Commission  
 The President  
 […] 
  
[Choose between the two options, depending on the person who signs.]  
  
 On behalf of the President  
 […] 
 [Position]