# C_2021445EN.01021901.xml

| 29.10.2021 | EN | Official Journal of the European Union | C 445/219 |
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29.10.2021

EN

Official Journal of the European Union

C 445/219

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P9_TA(2020)0344

Quality of water intended for human consumption ***II

European Parliament legislative resolution of 15 December 2020 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (06230/3/2020 — C9-0354/2020 — 2017/0332(COD))

(Ordinary legislative procedure: second reading)

(2021/C 445/32)

The European Parliament,

| — | having regard to the Council position at first reading (06230/3/2020 — C9-0354/2020), |
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having regard to the Council position at first reading (06230/3/2020 — C9-0354/2020),

| — | having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council and the United Kingdom House of Commons, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
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having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council and the United Kingdom House of Commons, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 12 July 2018 (1), |
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having regard to the opinion of the European Economic and Social Committee of 12 July 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 16 May 2018 (2), |
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having regard to the opinion of the Committee of the Regions of 16 May 2018 (2),

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2017)0753), |
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having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2017)0753),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
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having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
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having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A9-0241/2020), |
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having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A9-0241/2020),

| 1. | Approves the Council position at first reading; |
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1.

| 2. | Takes note of the Commission statements annexed to this resolution; |
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2.

| 3. | Notes that the act is adopted in accordance with the Council position; |
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3.

| 4. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
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4.

| 5. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
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5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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6.

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(1)  OJ C 367, 10.10.2018, p. 107.

(2)  OJ C 361, 5.10.2018, p. 46.

(3)  Texts adopted, P8_TA(2019)0320.

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ANNEX TO THE LEGISLATIVE RESOLUTION

DECLARATION BY THE COMMISSION ON DELEGATED ACTS IN THE DRINKING WATER DIRECTIVE

The Commission regrets the decision of the co-legislators to limit its empowerment to modify the annexes of the revised Drinking Water Directive to Annex III, whereas the Commission had sought an empowerment to modify Annexes I to IV in its original proposal (1).

The Commission specifically regrets that the co-legislators did not agree on an empowerment to amend Annex II, which is particularly necessary in light of the need to update the monitoring requirements set out in Annex II to scientific and technical progress.

DECLARATION BY THE COMMISSION ON THE PROCEDURE OF ADOPTION OF IMPLEMENTING ACTS

The Commission underlines that it is contrary to the letter and to the spirit of Regulation (EU) No 182/2011 (2) to invoke point (b) of the second subparagraph of Article 5(4), without proper justification. Recourse to this provision must respond to a specific need to depart from the rule of principle, which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established in Article 5(4), it cannot be simply seen as a ‘discretionary power’ of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.

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(1)  COM(2017)0753.

(2)  OJ L 55, 28.2.2011, p. 13.

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