### 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 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 , quality , acceptability , or 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 set out in directive 2000 / 60 / ec , member states may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio - economic disadvantage . this directive deals , in particular , with the aspects of access to water which are related to quality and availability . 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 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 fountains in cities , and promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants . __________________ 83 com 177 final 84 com 177 final , p . 12 . 85 interinstitutional proclamation on the european pillar of social rights of 17 november 2017 . ### 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 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 , quality , acceptability , or 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 set out in directive 2000 / 60 / ec , member states may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio - economic disadvantage . this directive deals , in particular , with the aspects of access to water which are related to quality and availability . 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 affordable 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 by not unjustifiably making water quality requirements more stringent on public - health grounds , which would increase the price of water for citizens , with freely accessible fountains in cities , and promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants . __________________ 83 com 177 final 84 com 177 final , p . 12 . 85 interinstitutional proclamation on the european pillar of social rights of 17 november 2017 .


### 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 : ### without prejudice to article 9 of directive 2000 / 60 / ec , member states shall take all necessary measures to reach access for all sections of the population in their respective territories to water intended for human consumption and promote its use on their territory . this shall include all of the following measures :


### 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 – 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 . in line with the principle of subsidiarity , that issue should be addressed by increasing transparency and consumer information on leakage rates and energy efficiency . ### the fundamental 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 – 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 . in line with the principle of subsidiarity , that issue should be addressed by increasing transparency and consumer information on leakage rates .


### without prejudice to articles 6 and 7 of directive 2000 / 60 / ec , member states shall ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average . the hazard assessment shall include the following elements : ### without prejudice to directive 2000 / 8 / ec , in particular articles 4 to 8 , member states shall , in cooperation with their competent water authorities , ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average . the hazard assessment shall include the following elements :


### 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 : ### without prejudice to article 9 of directive 2000 / 60 / ec , member states shall take all necessary measures to&#160 ; achieve access for all population groups on their territory to water intended for human consumption and promote its use on their territory . this shall include the following measures inter alia :


### domestic distribution risk assessment ### internal distribution risk assessment , monitoring and management


### in the case of spring waters , at the point at which the water is put into the bottles . ### in the case of packaged waters , at the point at which the water is put into the bottles or in containers .


### the price of water intended for human consumption supplied per litre and cubic metre ; ### the price of the supply of water intended for human consumption supplied per cubic metre , and the price invoiced per litre of water ;


### 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 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 , 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 ; and third , an assessment by the member state of the possible risks stemming from the domestic distribution systems . 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 . _________________ 76 guidelines for drinking water quality , fourth edition , world health organisation , 2011 http : / / www . who . int / water_sanitation_health / publications / 2011 / dwq_guidelines / en / index . 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 / 75141 / 1 / 9789241562638_eng . pdf ### 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 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 , 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 ; and third , an assessment by the member state of the possible risks stemming from the domestic distribution systems . 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 , water suppliers and other stakeholders . _________________ 76 guidelines for drinking water quality , fourth edition , world health organisation , 2011 http : / / www . who . int / water_sanitation_health / publications / 2011 / dwq_guidelines / en / index . 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 / 75141 / 1 / 9789241562638_eng . pdf


### hazard assessments shall be carried out by [ 3 years after the end - date for transposition of this directive ] . they shall be reviewed every 3 years , and updated where necessary . ### hazard assessments shall be carried out by [ 6 years after the end - date for transposition of this directive ] . they shall be reviewed every 6 years , and updated where necessary .


### comparisons of the yearly water consumption of the household with an average consumption for a household in the same category ; ### comparisons of the yearly water consumption of the household with an average consumption for a household ;


### 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 no 305 / 2011 of the european parliament and of the council79 . the information referred to in articles 31 and 33 of regulation 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 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 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 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 . 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 . 81 ' legionella and the prevention of legionellosis ' , world health organisation , 2007 , http : / / www . who . int / water_sanitation_health / emerging / legionella . pdf ### 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 , in particular legionella pneumophila , which accounts for most cases of legionnaires’ disease in the union . it is transmitted by warm water systems through inhalation , for instance during showering . it is therefore clearly linked to the internal distribution system . since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs and would contravene the subsidiarity principle , an internal distribution risk assessment is therefore more suited to address this issue , in particular on priority premises accessed by large numbers of people or vulnerable groups . in addition , the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the internal distribution risk assessment . the internal distribution risk assessment should therefore include , inter alia , focusing monitoring on priority premises , assessing the risks stemming from the internal distribution system and related products and materials in contact with water . the information referred to in articles 31 and 33 of regulation 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 are in place on priority premises , in line with the guidance of the who81 , and that the migration from substances and materials in contact with water does not endanger human health . __________________ 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 . 81 ' legionella and the prevention of legionellosis ' , world health organisation , 2007 , http : / / www . who . int / water_sanitation_health / emerging / legionella . pdf


### 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 . ### where the minimum requirements for parametric values set out in annex i , parts a and b , member states shall determine whether or not the exceedances constitutes a potential danger to human health


### 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 . ### allow water suppliers to decrease the monitoring frequency of certain parameters or the number of parameters being monitored if those parameters are not affected by the distribution network , 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 .


### 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 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 indicators , 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 better consumer knowledge and improved transparency will contribute to increasing citizens ' confidence in the water supplied to them . this in turn is expected to lead to 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’ . ### 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 that is comprehensible and relevant to consumers is easily accessible , for instance on a website 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 the outcome of action to monitor water suppliers as regards water quality parameters . for very large water suppliers , additional information on , inter alia , energy efficiency , management , governance , tariff structure , and treatment applied , should also be available on - line . the purpose of better consumer knowledge of relevant information and improved transparency should be to increase citizens ' confidence in the water supplied to them . this in turn is expected to lead to 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’ .


### ' water intended for human consumption ' shall mean all water either in its original state or after treatment , intended for drinking , cooking , food preparation or production , or other domestic purposes in both public and private premises , regardless of its origin and whether it is supplied from a distribution network , supplied from a tanker or , for spring waters , put in bottles . ### ' water intended for human consumption ' shall mean : all water either in its original state or after treatment , intended for drinking , cooking , food preparation or production , or other domestic purposes in both public and private premises , regardless of its origin and whether it is supplied from a distribution network , supplied from a tanker or put in bottles or containers ;


### 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 . ### member states shall ensure that adequate and up - to - date information on water intended for human consumption is available to all persons supplied , in accordance with annex iv .


### the world health organisation 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 years should apply before the values become more stringent . _________________ 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 recommendation ' , 11 september 2017 . . ### the world health organisation 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 . _________________ 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 recommendation ' , 11 september 2017 . .


### ' very large water supplier ' shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 50 000 people . ### ' very large water supplier ' shall mean a water supplier supplying at least 20 000 m3 per day or serving at least 100 000 people .


### 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 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 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 no 305 / 2011 . __________________ 82 swd 185 final ### 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 . that situation stems from the fact that there are 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 in this connection . __________________


### 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 : ### 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 the following measures inter alia :


### 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 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 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 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 , in the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters , member states should determine whether the exceedance of the values constitutes a potential risk 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 of the treaty , priority should be given to action which rectifies the problem at source .


### on the basis of the information gathered under paragraph 1 , member states shall take all necessary measures to ensure access to water intended for human consumption for vulnerable and marginalised groups . ### on the basis of the information gathered under paragraph 1 , member states shall take all measures that they consider necessary to ensure access to water intended for human consumption for vulnerable and marginalised groups .


### where member states consider , on the basis of the assessment carried out under paragraph 1 , that there is a risk to human health stemming from the domestic distribution system or from the related products and materials , or where monitoring carried out in accordance with paragraph 1 demonstrates that the parametric values set out in annex i , part c , are not met , member states shall : ### where member states consider , on the basis of the assessment carried out under paragraph 1 , that there is a risk to human health stemming from the internal distribution system in priority premises or from the related products and materials , or where monitoring carried out in accordance with paragraph 1 demonstrates that the parametric values set out in annex i , part c , are not met , member states shall take appropriate measures to eliminate or reduce the risk of non - compliance with the parametric values set out in annex i , part c .


### pursuant to paragraph 22 of the interinstitutional agreement on better law - making , the commission should carry out an evaluation of this directive within a certain period of time from the date set for its transposition . that evaluation should be based on experience gathered and data collected during the implementation of the directive , on relevant scientific , analytical , epidemiological data , and on any available who recommendations . ### pursuant to paragraph 22 of the interinstitutional agreement on better law - making , the commission should carry out an evaluation of this directive within a certain period of time from the date set for its transposition . that evaluation should be based on experience gathered and data collected during the implementation of the directive , on any available who recommendations , and on relevant scientific , analytical and epidemiological data .


### following the conclusion of the european citizens ' initiative on the right to water 71 , a union - wide public consultation was launched and a regulatory fitness and performance 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 reliance on 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 . in addition , the european citizens ' initiative on the right to water identified as a distinct problem the fact that part of the population , especially marginalised groups , has no access to water intended for human consumption , which is also a commitment 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 com 177 final 72 swd 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 ' . ### following the conclusion of the european citizens ' initiative on the right to water 71 , a union - wide public consultation was launched and a regulatory fitness and performance 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 reliance on 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 . in addition , the european citizens ' initiative on the right to water identified as a distinct problem the fact that part of the population , especially marginalised groups , has no access to water intended for human consumption , which is also a commitment 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 , and by what is sometimes insufficient knowledge of water systems . __________________ 71 com 177 final 72 swd 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 ' .


### 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 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 , quality , acceptability , or 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 set out in directive 2000 / 60 / ec , member states may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio - economic disadvantage . this directive deals , in particular , with the aspects of access to water which are related to quality and availability . 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 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 fountains in cities , and promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants . _________________ 83 com177 final 84 com177 final , p . 12 . 85 interinstitutional proclamation on the european pillar of social rights of 17 november 2017 . ### 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 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 , quality , acceptability , or 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 set out in directive 2000 / 60 / ec , member states may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio - economic disadvantage . this directive deals , in particular , with the aspects of access to water which are related to quality and availability . 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 access to affordable water at national level while enjoying a certain margin of discretion as to the precise nature of the measures to be implemented . this can be done by member states assessing national situation in order to identify any inequalities in access to drinking water , and plan their interventions accordingly . the protocol on water and health to the 1992 convention on the protection and use of transboundary watercourses and international lakes is a recognized multilateral instrument in the european region , which supports member states in achieving national targets related to water and health , including those related to equitable access to drinking water . _________________ 83 com177 final 84 com177 final , p . 12 . 85 interinstitutional proclamation on the european pillar of social rights of 17 november 2017 .


### 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 no 305 / 2011 of the european parliament and of the council79 . the information referred to in articles 31 and 33 of regulation 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 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 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 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 . 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 . 81 ' legionella and the prevention of legionellosis ' , world health organisation , 2007 , http : / / www . who . int / water_sanitation_health / emerging / legionella . pdf ### 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 internal 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 internal distribution system . since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs , an internal 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 internal distribution risk assessment . the internal distribution risk assessment should therefore include , inter alia , focusing monitoring on priority premises , assessing the risks stemming from the internal 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 no 305 / 2011 of the european parliament and of the council79 . the information referred to in articles 31 and 33 of regulation 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 are in place , in line with the guidance of the who , and that the migration from substances and materials in contact with water does not endanger human health . _________________ 79 regulation 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 . 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 .


### derogations granted by member states in accordance with article 9 of directive 98 / 83 / ec that are still applicable by [ end - date for transposition of this directive ] shall remain applicable until the end of their duration . they may not be renewed further . ### derogations granted by member states in accordance with article 9 of directive 98 / 83 / ec that are still applicable by [ end - date for transposition of this directive ] shall remain applicable until the end of their duration .


### ' 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 . ### ' priority premises ' shall mean premises with many users potentially exposed to water - related risks , such as hospitals , healthcare institutions , buildings with a lodging facility , penal institutions and campgrounds , sport and exhibition facilities , nurseries , kindergartens and other care and education facilities as identified by member states .


### an assessment of the potential risks associated with the domestic distribution systems , and with the related products and materials , 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 ; ### an assessment of the potential risks associated with the internal distribution systems , and with the related products and materials , and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption ;


### 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 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 , 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 ; and third , an assessment by the member state of the possible risks stemming from the domestic distribution systems . 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 . _________________ 76 guidelines for drinking water quality , fourth edition , world health organisation , 2011 http : / / www . who . int / water_sanitation_health / publications / 2011 / dwq_guidelines / en / index . 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 / 75141 / 1 / 9789241562638_eng . pdf ### 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 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 , 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 ; and third , an assessment by the member state of the possible risks stemming from the domestic distribution systems . 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 . as an exception , the implementation of the risk - based approach should be adapted to the specific constraints of the cruise ship sector . european flag cruise ships comply with the international regulatory framework when sailing in international waters . on the other hand , there are particular constraints for the transport and production of drinking water on board which means that the provisions of this directive should be adapted accordingly . _________________ 76 guidelines for drinking water quality , fourth edition , world health organisation , 2011 http : / / www . who . int / water_sanitation_health / publications / 2011 / dwq_guidelines / en / index . 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 / 75141 / 1 / 9789241562638_eng . pdf


### with regard to the regular monitoring referred to in the first subparagraph , member states may set up a monitoring strategy focusing on priority premises ; ### member states shall ensure access to systems in priority premises for the purposes of sampling and may set up a monitoring strategy , in particular as regards legionella pneumophila ;


### member states shall ensure that water suppliers perform a supply risk assessment providing for the possibility to adjust the monitoring frequency for any parameter listed in annex i , parts a and b that are not core parameters according to part b of annex ii , depending on their occurrence in the raw water . ### member states shall ensure that water suppliers perform a supply risk assessment in accordance with annex ii , part c providing for the possibility to adjust the monitoring frequency for any parameter listed in annex i , parts a and b that are not core parameters according to part b of annex ii , depending on their occurrence in the raw water .


### 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 . ### 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 , while respecting the principle of data protection .


### information on the cost structure of the tariff charged per cubic metre of water intended for human consumption , including fixed and variable costs , presenting at least costs related to the following elements : ### information on the management mode and the cost structure of the tariff charged per cubic metre of water intended for human consumption , including fixed and variable costs , presenting at least costs related to the following elements :


### the price of water intended for human consumption supplied per litre and cubic metre ; ### the price of the supply of water intended for human consumption supplied per cubic metre , and the price invoiced per litre of water ;


### 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 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 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 no 305 / 2011 . __________________ 82 swd 185 final ### 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 . that situation stems from the fact that there are 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 in this connection . __________________


### ' water supplier ' shall mean an entity supplying at least 10 m3 of water intended for human consumption a day as an average . ### ' water supplier ' shall mean providing on average at least 10 m 3of water intended for human consumption a day


### 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 pollutants that are relevant for the water supply 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 .


### 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 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 indicators , 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 better consumer knowledge and improved transparency will contribute to increasing citizens ' confidence in the water supplied to them . this in turn is expected to lead to 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’ . ### 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 that is comprehensible and relevant to consumers is easily accessible , for instance on a website 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 the outcome of action to monitor water suppliers as regards water quality parameters . for very large water suppliers , additional information on , inter alia , energy efficiency , management , governance , tariff structure , and treatment applied , should also be available on - line . the purpose of better consumer knowledge of relevant information and improved transparency should be to increase citizens ' confidence in the water supplied to them . this in turn is expected to lead to 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’ .


### pursuant to paragraph 22 of the interinstitutional agreement on better law - making , the commission should carry out an evaluation of this directive within a certain period of time from the date set for its transposition . that evaluation should be based on experience gathered and data collected during the implementation of the directive , on relevant scientific , analytical , epidemiological data , and on any available who recommendations . ### pursuant to paragraph 22 of the interinstitutional agreement on better law - making , the commission should carry out an evaluation of this directive within a certain period of time from the date set for its transposition . that evaluation should be based on experience gathered and data collected during the implementation of the directive , on any available who recommendations , and on relevant scientific , analytical and epidemiological data .


### member states should no longer be authorised to grant derogations from this directive . derogations were initially used to allow member states up to nine years to resolve a non - compliance with a parametric value . this procedure proved to be burdensome for member states and commission alike . in addition , in some cases , it led to delays in remedial actions being taken , as the possibility for derogation was considered as a transitional period . the provision on derogations should therefore be deleted . for reasons of protection of human health , when parametric values are exceeded , the provisions related to remedial actions should apply immediately without the possibility of granting a derogation from the parametric value . derogations granted by member states pursuant to article 9 of directive 98 / 83 / ec and still applicable at the date of entry into force of this directive should , however , continue to apply until the end of the derogation but should not be renewed . ### member states should be authorised to grant derogations from this directive . derogations were initially used to allow member states up to nine years to resolve a non - compliance with a parametric value . this procedure has proved to be useful for member states , given the scale of ambition of the legislation . it should be noted , however , that , in some cases , it has led to delays in remedial actions being taken , as the possibility for derogation was sometimes considered to be a transitional period . in the light of the fact , firstly , that the quality parameters in this directive are to be strengthened and , secondly , that emerging pollutants are being increasingly detected , requiring stepped - up evaluation , monitoring and management actions , it remains nonetheless necessary to maintain a derogation procedure that is in keeping with those circumstances . the provision on derogations should therefore be amended so as to ensure faster and more effective compliance by member states with the requirements of this directive . derogations granted by member states pursuant to article 9 of directive 98 / 83 / ec and still applicable at the date of entry into force of this directive should continue to apply , too , in accordance with the arrangements laid down by the provisions in force when the derogation procedure is launched .


### identifying people without access to water intended for human consumption and reasons for lack of access , assessing possibilities to improve access for those people and informing them about possibilities of connecting to the distribution network or about alternative means to have access to such water ; ### identifying vulnerable and marginalised groups without access , or with limited access , to water intended for human consumption and reasons for lack of access , assessing possibilities to improve access for those people and informing them about possibilities of connecting to the distribution network or about alternative means to have access to such water ;


### where member states consider , on the basis of the assessment carried out under paragraph 1 , that there is a risk to human health stemming from the domestic distribution system or from the related products and materials , or where monitoring carried out in accordance with paragraph 1 demonstrates that the parametric values set out in annex i , part c , are not met , member states shall : ### where member states consider , on the basis of the assessment carried out under paragraph 1 , that there is a risk to human health stemming from the internal distribution system in priority premises or from the related products and materials , or where monitoring carried out in accordance with paragraph 1 demonstrates that the parametric values set out in annex i , part c , are not met , member states shall take appropriate measures to eliminate or reduce the risk of non - compliance with the parametric values set out in annex i , part c .


### hazard assessment of bodies of water used for the abstraction of water intended for human consumption ### hazard assessment , monitoring and management of bodies of water used for the abstraction of water intended for human consumption


### 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 : ### without prejudice to article 9 of directive 2000 / 60 / ec and the proportionality principle , member states shall take appropriate measures to improve access for all to water intended for human consumption and promote its use on their territory . this may , for example , include all of the following measures :


### derogations granted by member states in accordance with article 9 of directive 98 / 83 / ec that are still applicable by [ end - date for transposition of this directive ] shall remain applicable until the end of their duration . they may not be renewed further . ### derogations granted by member states in accordance with article 9 of directive 98 / 83 / ec that are still applicable by [ end - date for transposition of this directive ] shall remain applicable until the end of their duration .


### 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 no 305 / 2011 of the european parliament and of the council79 . the information referred to in articles 31 and 33 of regulation 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 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 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 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 . 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 . 81 ' legionella and the prevention of legionellosis ' , world health organisation , 2007 , http : / / www . who . int / water_sanitation_health / emerging / legionella . pdf ### 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 , in particular legionella pneumophila , which accounts for most cases of legionnaires’ disease in the union . it is transmitted by warm water systems through inhalation , for instance during showering . it is therefore clearly linked to the internal distribution system . since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs and would contravene the subsidiarity principle , an internal distribution risk assessment is therefore more suited to address this issue , in particular on priority premises accessed by large numbers of people or vulnerable groups . in addition , the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the internal distribution risk assessment . the internal distribution risk assessment should therefore include , inter alia , focusing monitoring on priority premises , assessing the risks stemming from the internal distribution system and related products and materials in contact with water . the information referred to in articles 31 and 33 of regulation 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 are in place on priority premises , in line with the guidance of the who81 , and that the migration from substances and materials in contact with water does not endanger human health . __________________ 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 . 81 ' legionella and the prevention of legionellosis ' , world health organisation , 2007 , http : / / www . who . int / water_sanitation_health / emerging / legionella . pdf


### 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 no 305 / 2011 of the european parliament and of the council79 . the information referred to in articles 31 and 33 of regulation 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 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 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 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 . 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 . 81 ' legionella and the prevention of legionellosis ' , world health organisation , 2007 , http : / / www . who . int / water_sanitation_health / emerging / legionella . pdf ### 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 internal 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 internal distribution system . since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs , an internal 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 internal distribution risk assessment . the internal distribution risk assessment should therefore include , inter alia , focusing monitoring on priority premises , assessing the risks stemming from the internal 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 no 305 / 2011 of the european parliament and of the council79 . the information referred to in articles 31 and 33 of regulation 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 are in place , in line with the guidance of the who , and that the migration from substances and materials in contact with water does not endanger human health . _________________ 79 regulation 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 . 80 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation 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 .


### 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 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 , 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 ; and third , an assessment by the member state of the possible risks stemming from the domestic distribution systems . 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 . __________________ 76 guidelines for drinking water quality , fourth edition , world health organisation , 2011 http : / / www . who . int / water_sanitation_health / publications / 2011 / dwq_guidelines / en / index . 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 / 75141 / 1 / 9789241562638_eng . pdf ### 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 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 be based on the knowledge gained and actions carried out under directive 2000 / 60 / ec and should more effectively factor in the impact of climate change on water resources . a risk - based approach should consist of three components : first , an assessment by the member state of the hazards associated with the abstraction area , 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 ; and third , an assessment by the member state of the possible risks stemming from internal distribution systems , in particular on priority premises . 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 , stakeholders responsible for pollution or risks of pollution and water suppliers . __________________ 76 guidelines for drinking water quality , fourth edition , world health organisation , 2011 http : / / www . who . int / water_sanitation_health / publications / 2011 / dwq_guidelines / en / index . 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 / 75141 / 1 / 9789241562638_eng . pdf


### for those parameters member states shall ensure that water suppliers can deviate from the sampling frequencies set out in annex ii , part b , in accordance with the specifications set out in annex ii , part c . ### for those parameters member states shall ensure that water suppliers can deviate from the sampling frequencies set out in annex ii , part b , depending on their occurrence in the raw water .


### 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 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 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 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 , in the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters , member states should determine whether or not that constitutes a potential risk to human health . to that end , member states should take account of , in particular , the extent to which minimum requirements have not been met and the type of parameter concerned . in cases where remedial action is necessary to restore the quality of water intended for human consumption , in accordance with article 191 of the treaty , priority should be given to action which rectifies the problem at source .


### 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 . ### the risk - based approach should gradually be applied by all water suppliers , including small and medium - sized 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 and concerns relating to the ‘ polluter pays’ principle should be taken into account .


### domestic distribution risk assessment ### internal distribution risk assessment , monitoring and management