1998L0083 — EN — 25.12.1998 — 000.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 98/83/EC
of 3 November 1998
on the quality of water intended for human consumption
(OJ L 330, 5.12.1998, p. 32)
Corrected by:
►C1Corrigendum, OJ L 111, 20.4.2001, p. 31 (98/83/EC)
▼B
COUNCIL DIRECTIVE 98/83/EC
of 3 November 1998
on the quality of water intended for human consumption
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and,
in particular, Article 130s(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 189c(4),
(1)Whereas it is necessary to adapt Council Directive 80/778/EEC of
15 July 1980 relating to the quality of water intended for humanconsumption(
5) to scientific and technological progress; whereas
experience gained from implementing that Directive shows that it
is necessary to create an appropriately flexible and transparent
legal framework for Member States to address failures to meet thestandards; whereas, furthermore, that Directive should be re-examined in the light of the Treaty on European Union and inparticular the principle of subsidiarity;
(2)Whereas in keeping with Article 3b of the Treaty, which providesthat no Community action should go beyond what is necessary toachieve the objectives of the Treaty, it is necessary to revise
Directive 80/778/EEC so as to focus on compliance with essential
quality and health parameters, leaving Member States free to addother parameters if they see fit;
(3)Whereas, in accordance with the principle of subsidiarity,Community action must support and supplement action by thecompetent authorities in the Member States;
(4)Whereas, in accordance with the principle of subsidiarity, thenatural and socio-economic differences between the regions of theUnionrequire that most decisions on monitoring, analysis, and themeasures to be taken to redress failures be taken at a local,regional or national level insofar as those differences do not
detract from the establishment of the framework of laws,
regulations and administrative provisions laid down in thisDirective;
(5)Whereas Community standards for essential and preventivehealth-related quality parameters in water intended for humanconsumption are necessary if minimum environmental-qualitygoals to be achieved in connection with other Communitymeasures are to be defined so that the sustainable use of water
intended for human consumption may be safeguarded and
promoted;
(6)Whereas, in view of the importance of the quality of water
intended for human consumption for human health, it is necessary
to lay down at Community level the essential quality standardswith which water intended for that purpose must comply;1998L0083 — EN — 25.12.1998 — 000.002 — 2
(1) OJ C 131, 30.5.1995, p. 5 and
OJ C 213, 15.7.1997, p. 8.
(2) OJ C 82, 19.3.1996, p. 64.
(3) OJ C 100, 2.4.1996, p. 134.
(4) Opinion of the European Parliament of 12 December 1996 (OJ C 20,
20.1.1997, p. 133), Council common position of 19 December 1997 (OJ C 91,
26.3.1998, p. 1) and Decision of the European Parliament of 13 May 1998
(OJ C 167, 1.6.1998, p. 92).
(5) OJ L 229, 30.8.1980, p. 11. Directive as last amended by the 1994 Act of
Accession.
▼B
(7)Whereas it is necessary to include water used in the food industry
unless it can be established that the use of such water does not
affect the wholesomeness of the finished product;
(8)Whereas to enable water-supply undertakings to meet the quality
standards for drinking water, appropriate water-protection
measures should be applied to ensure that surface and ground-water is kept clean; whereas the same goal can be achieved byappropriate water-treatment measures to be applied before supply;
(9)Whereas the coherence of European water policy presupposes thata suitable water framework Directive will be adopted in duecourse;
(10)Whereas it is necessary to exclude from the scope of thisDirective natural mineral waters and waters which are medicinalproducts, since special rules for those types of water have beenestablished;
(11)Whereas measures are required for all parameters directlyrelevant to health and for other parameters if a deterioration inquality has occurred; whereas, furthermore, such measures shouldbe carefully coordinated with the implementation of Council
Directive 91/414/EEC of 15 July 1991 concerning the placing of
plant protection products on the market(
1) and Directive 98/8/EC
of the European Parliament and of the Council of 16 February1998 concerning the placing of biocidal products on themarket(
2);
(12)Whereas it is necessary to set individual parametric values forsubstances which are important throughout the Community at alevel strict enough to ensure that this Directive's purpose can beachieved;
(13)Whereas the parametric values are based on the scientificknowledge available and the precautionary principle has alsobeen taken into account; whereas those values have been selected
to ensure that water intended for human consumption can be
consumed safely on a life-long basis, and thus represent a highlevel of health protection;
(14)Whereas a balance should be struck to prevent both micro-biological and chemical risks; whereas, to that end, and in thelight of a future review of the parametric values, the establish-ment of parametric values applicable to water intended for humanconsumption should be based on public-health considerations andon a method of assessing risk;
(15)Whereas there is at present insufficient evidence on which to baseparametric values for endocrine-disrupting chemicals at Commu-nity level, yet there is increasing concern regarding the potential
impact on humans and wildlife of the effects of substances
harmful to health;
(16)Whereas in particular the standards in Annex I are generally
based on the World Health Organisation's ‘Guidelines for
drinking water quality’, and the opinion of the Commission'sScientific Advisory Committee to examine the toxicity andecotoxicity of chemical compounds;
(17)Whereas Member States must set values for other additionalparameters not included in Annex I where that is necessary toprotect human health within their territories;
(18)Whereas Member States may set values for other additionalparameters not included in Annex I where that is deemednecessary for the purpose of ensuring the quality of theproduction, distribution and inspection of water intended forhuman consumption;1998L0083 — EN — 25.12.1998 — 000.002 — 3
(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission
Directive 96/68/EC (OJ L 277, 30.10.1996, p. 25).
(2) OJ L 123, 24.4.1998, p. 1.
▼B
(19)Whereas, when Member States deem it necessary to adopt
standards more stringent than those set out in Annex I, Parts A
and B, or standards for additional parameters not included inAnnex I but necessary to protect human health, they must notifythe Commission of those standards;
(20)Whereas Member States are bound, when introducing ormaintaining more stringent protection measures, to respect the
principles and rules of the Treaty, as they are interpreted by the
Court of Justice;
(21)Whereas the parametric values are to be complied with at thepoint where water intended for human consumption is madeavailable to the appropriate user;
(22)Whereas the quality of water intended for human consumptioncan be influenced by the domestic distribution system; whereas,furthermore, it is recognised that neither the domestic distributionsystem nor its maintenance may be the responsibility of theMember States;
(23)Whereas each Member State should establish monitoring
programmes to check that water intended for human consumption
meets the requirements of this Directive; whereas such moni-toring programmes should be appropriate to local needs andshould meet the minimum monitoring requirements laid down inthis Directive;
(24)Whereas the methods used to analyse the quality of waterintended for human consumption should be such as to ensure thatthe results obtained are reliable and comparable;
(25)Whereas, in the event of non-compliance with the standardsimposed by this Directive the Member State concerned shouldinvestigate the cause and ensure that the necessary remedial
action is taken as soon as possible to restore the quality of the
water;
(26)Whereas it is important to prevent contaminated water causing apotential danger to human health; whereas the supply of suchwater should be prohibited or its use restricted;
(27)Whereas, in the event of non-compliance with a parameter thathas an indicator function, the Member State concerned mustconsider whether that non-compliance poses any risk to humanhealth; whereas it should take remedial action to restore thequality of the water where that is necessary to protect humanhealth;
(28)Whereas, should such remedial action be necessary to restore thequality of water intended for human consumption, in accordancewith Article 130r(2) of the Treaty, priority should be given toaction which rectifies the problem at source;
(29)Whereas Member States should be authorised, under certain
conditions, to grant derogations from this Directive; whereas,
furthermore, it is necessary to establish a proper framework forsuch derogations, provided that they must not constitute apotential danger to human health and provided that the supplyof water intended for human consumption in the area concernedcannot otherwise be maintained by any other reasonable means;
(30)Whereas, since the preparation or distribution of water intendedfor human consumption may involve the use of certain substancesor materials, rules are required to govern the use thereof in orderto avoid possible harmful effects on human health;
(31)Whereas scientific and technical progress may necessitate rapid
adaptation of the technical requirements laid down in Annexes II
and III; whereas, furthermore, in order to facilitate application ofthe measures required for that purpose, provision should be madefor a procedure under which the Commission can adopt suchadaptations with the assistance of a committee composed ofrepresentatives of the Member States;1998L0083 — EN — 25.12.1998 — 000.002 — 4
▼B
(32)Whereas consumers should be adequately and appropriately
informed of the quality of water intended for human consumption,
of any derogations granted by the Member States and of anyremedial action taken by the competent authorities; whereas,furthermore, consideration should be given both to the technicaland statistical needs of the Commission, and to the rights of theindividual to obtain adequate information concerning the quality
of water intended for human consumption;
(33)Whereas, in exceptional circumstances and for geographically
defined areas, it may be necessary to allow Member States a moreextensive timescale for compliance with certain provisions of thisDirective;
(34)Whereas this Directive should not affect the obligations of theMember States as to the time limit for transposition into nationallaw, or as to application, as shown in Annex IV,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Objective
1. This Directive concerns the quality of water intended for human
consumption.
2. The objective of this Directive shall be to protect human health
from the adverse effects of any contamination of water intended for
human consumption by ensuring that it is wholesome and clean.
Article 2
Definitions
For the purposes of this Directive:
1. ‘water intended for human consumption’ shall mean:
(a) all water either in its original state or after treatment, intended for
drinking, cooking, food preparation or other domestic purposes,
regardless of its origin and whether it is supplied from a
distribution network, from a tanker, or in bottles or containers;
(b) all water used in any food-production undertaking for the
manufacture, processing, preservation or marketing of productsor substances intended for human consumption unless thecompetent national authorities are satisfied that the quality of
the water cannot affect the wholesomeness of the foodstuff in its
finished form;
2. ‘domestic distribution system’ shall mean the pipework, fittings and
appliances which are installed between the taps that are normallyused for human consumption and the distribution network but only ifthey are not the responsibility of the water supplier, in its capacity as
a water supplier, according to the relevant national law.
Article 3
Exemptions
1. This Directive shall not apply to:
(a) natural mineral waters recognised as such by the competent national
authorities, in accordance with Council Directive 80/777/EEC of 15
July 1980 on the approximation of the laws of the Member States
relating to the exploitation and marketing of natural mineralwaters(
1);1998L0083 — EN — 25.12.1998 — 000.002 — 5
(1) OJ L 229, 30.8.1980, p. 1. Directive as last amended by Directive 96/70/EC
(OJ L 299, 23.11.1996, p. 26).
▼B
(b) waters which are medicinal products within the meaning of Council
Directive 65/65/EEC of 26 January 1965 on the approximation ofprovisions laid down by law, regulation or administrative action
relating to medicinal products(
1).
2. Member States may exempt from the provisions of this Directive:
(a) water intended exclusively for those purposes for which the
competent authorities are satisfied that the quality of the water has
no influence, either directly or indirectly, on the health of the
consumers concerned;
(b) water intended for human consumption from an individual supply
providing less than 10 mZ3 a day as an average or serving fewerthan 50 persons, unless the water is supplied as part of a commercialor public activity.
3. Member States that have recourse to the exemptions provided for
in paragraph 2(b) shall ensure that the population concerned is informedthereof and of any action that can be taken to protect human health from
the adverse effects resulting from any contamination of water intended
for human consumption. In addition, when a potential danger to humanhealth arising out of the quality of such water is apparent, the populationconcerned shall promptly be given appropriate advice.
Article 4
General obligations
1. Without prejudice to their obligations under other Community
provisions, Member States shall take the measures necessary to ensure
that water intended for human consumption is wholesome and clean. For
the purposes of the minimum requirements of this Directive, waterintended for human consumption shall be wholesome and clean if it:
(a) is free from any micro-organisms and parasites and from any
substances which, in numbers or concentrations, constitute apotential danger to human health, and
(b) meets the minimum requirements set out in Annex I, Parts A and B;
and if, in accordance with the relevant provisions of Articles 5 to 8 and
10 and in accordance with the Treaty, Member States take all othermeasures necessary to ensure that water intended for human consump-tion complies with the requirements of this Directive.
2. Member States shall ensure that the measures taken to implement
this Directive in no circumstances have the effect ofallowing, directly or
indirectly, either any deterioration of the present quality of water
intended for human consumption so far as that is relevant for theprotection of human health or any increase in the pollution of watersused for the production of drinking water.
Article 5
Quality standards
1. Member States shall set values applicable to water intended for
human consumption for the parameters set out in Annex I.
2. The values set in accordance with paragraph 1 shall not be less
stringent than those set out in Annex I. As regards the parameters set outin Annex I, Part C, the values need be fixed only for monitoring
purposes and for the fulfilment of the obligations imposed in Article 8.
3. A Member State shall set values for additional parameters not
included in Annex I where the protection of human health within its
national territory or part of it so requires. The values set should, as aminimum, satisfy the requirements of Article 4(1)(a).1998L0083 — EN — 25.12.1998 — 000.002 — 6
(1) OJ 22 9.2.1965, p. 369. Directive as last amended by Directive 93/39/EEC
(OJ L 214, 24.8.1993, p. 22).
▼B
Article 6
Point of compliance
1. The parametric values set in accordance with Article 5 shall be
complied with:
(a) in the case of water supplied from a distribution network, at the
point, within premises or an establishment, at which it emerges fromthe taps that are normally used for human consumption;
(b) in the case of water supplied from a tanker, at the point at which it
emerges from the tanker;
(c) in the case ofwater put into bottles orcontainers intended for sale, at
the point at which the water is put into the bottles or containers;
(d) in the case of water used in a food-production undertaking, at the
point where the water is used in the undertaking.
2. In the case of water covered by paragraph 1(a), Member States
shall be deemed to have fulfilled their obligations under this Article andunder Articles 4 and 8(2) where it can be established that non-compliance with the parametric values set in accordance with Article 5
is due to the domestic distribution system or the maintenance thereof
except in premises and establishments where water is supplied to thepublic, such as schools, hospitals and restaurants.
3. Where paragraph 2 applies and there is a risk that water covered by
paragraph 1(a) would not comply with the parametric values establishedin accordance with Article 5, Member States shall nevertheless ensurethat:
(a) appropriate measures are taken to reduce or eliminate the risk of
non-compliance with the parametric values, such as advisingproperty owners of any possible remedial action they could take,
and/or
other measures, such as appropriate treatment techniques, are taken
to change the nature or properties of the water before it is suppliedso as to reduce or eliminate the risk of the water not complying withthe parametric values after supply;
and
(b) the consumers concerned are duly informed and advised of any
possible additional remedial action that they should take.
Article 7
Monitoring
1. Member States shall take all measures necessary to ensure that
regular monitoring of the quality of water intended for humanconsumption is carried out, in order to check that the water availableto consumers meets the requirements of this Directive and in particular
the parametric values set in accordance with Article 5. Samples should
be taken so that they are representative of the quality of the waterconsumed throughout the year. In addition, Member States shall take allmeasures necessary to ensure that, where disinfection forms part of thepreparation or distribution of water intended for human consumption,
the efficiency of the disinfection treatment applied is verified, and that
any contamination from disinfection by-products is kept as low aspossible without compromising the disinfection.
2. To meet the obligations imposed in paragraph 1, appropriate
monitoring programmes shall be established by the competentauthorities for all water intended for human consumption. Thosemonitoring programmes shall meet the minimum requirements set out inAnnex II.
3. The sampling points shall be determined by the competent
authorities and shall meet the relevant requirements set out in Annex II.
4. Community guidelines for the monitoring prescribed in this Article
may be drawn up in accordance with the procedure laid down in Article12.1998L0083 — EN — 25.12.1998 — 000.002 — 7
▼B
5 (a) Member States shall comply with the specifications for the
analyses of parameters set out in Annex III
(b) Methods other than those specified in Annex III, Part 1, may be
used, providing it can be demonstrated that the results obtainedare at least as reliable as those produced by the methods specified.Member States which have recourse to alternative methods shall
provide the Commission with all relevant information concerning
such methods and their equivalence.
(c) For those parameters listed in Annex III, Parts 2 and 3, any
method of analysis may be used provided that it meets the
requirements set out therein.
6. Member States shall ensure that additional monitoring is carried
out ona case-by-case basis of substances and micro-organisms for whichno parametric value has been set in accordance with Article 5, if there isreason to suspect that they may be present in amounts or numbers whichconstitute a potential danger to human health.
Article 8
Remedial action and restrictions in use
1. Member States shall ensure that any failure to meet the parametric
values set in accordance with Article 5 is immediately investigated inorder to identify the cause.
2. If, despite the measures taken to meet the obligations imposed in
Article 4(1), water intended for human consumption does not meet the
parametric values set in accordance with Article 5, and subject to Article
6(2), the Member State concerned shall ensure that the necessaryremedial action is taken as soon as possible to restore its quality andshall give priority to their enforcement action, having regard interalia to
the extent to which the relevant parametric value has been exceeded and
to the potential danger to human health.
3. Whether or not any failure to meet the parametric values has
occurred, Member States shall ensure that any supply of water intendedfor human consumption which constitutes a potential danger to humanhealth is prohibited or its use restricted or such other action is taken as isnecessary to protect human health. In such cases consumers shall be
informed promptly thereof and given the necessary advice.
4. The competent authorities or other relevant bodies shall decide
what action under paragraph 3 should be taken, bearing in mind the risksto human health which would be caused by an interruption of the supplyor a restriction in the use of water intended for human consumption.
5. Member States may establish guidelines to assist the competent
authorities to fulfil their obligations under paragraph 4.
6. In the event of non-compliance with the parametric values or with
the specifications set out in Annex I, Part C, Member States shallconsider whether that non-compliance poses any risk to human health.They shall take remedial action to restore the quality of the water wherethat is necessary to protect human health.
7. Member States shall ensure that, where remedial action is taken,
consumers are notified except where the competent authorities considerthe non-compliance with the parametric value to be trivial.
Article 9
Derogations
1. Member States may provide for derogations from the parametric
values set out in Annex I, Part B, or set in accordance with Article 5(3),
up to a maximum value to be determined by them, provided no
derogation constitutes a potential danger to human health and providedthat the supply of water intended for human consumption in the areaconcerned cannot otherwise be maintained by any other reasonablemeans. Derogations shall be limited to as short a time as possible andshall not exceed three years, towards the end of which a review shall be1998L0083 — EN — 25.12.1998 — 000.002 — 8
▼B
conducted to determine whether sufficient progress has been made.
Where a Member State intends to grant a second derogation, it shallcommunicate the review, along with the grounds for its decision on the
second derogation, to the Commission. No such second derogation shall
exceed three years.
2. In exceptional circumstances, a Member State may ask the
Commission for a third derogation for a period not exceeding threeyears. The Commission shall take a decision on any such request withinthree months.
3. Any derogation granted in accordance with paragraphs 1 or 2 shall
specify the following:
(a) the grounds for the derogation;
(b) the parameter concerned, previous relevant monitoring results, and
the maximum permissible value under the derogation;
(c) the geographical area, the quantity of water supplied each day, the
population concerned and whether or not any relevant food-production undertaking would be affected;
(d) an appropriate monitoring scheme, with an increased monitoring
frequency where necessary;
(e) a summary of the plan for the necessary remedial action, including a
timetable for the work and an estimate of the cost and provisions forreviewing;
(f) the required duration of the derogation.
4. If the competent authorities consider the non-compliance with the
parametric value to be trivial, and if action taken in accordance withArticle 8(2) is sufficient to remedy the problem within 30 days, therequirements of paragraph 3 need not be applied.
In that event, only the maximum permissible value for the parameter
concerned and the time allowed to remedy the problem shall be set by
the competent authorities or other relevant bodies.
5. Recourse may no longer be had to paragraph 4 if failure to comply
with any one parametric value for a given water supply has occurred onmore than 30 days on aggregate during the previous 12 months.
6. Any Member State which has recourse to the derogations provided
for in this Article shall ensure that the population affected by any such
derogation is promptly informed in an appropriate manner of the
derogation and of the conditions governing it. In addition the MemberState shall, where necessary, ensure that advice is given to particularpopulation groups for which the derogation could present a special risk.
These obligations shall not apply in the circumstances described in
paragraph 4 unless the competent authorities decide otherwise.
7. With the exception of derogations granted in accordance with
paragraph 4 a Member State shall inform the Commission within two
months of any derogation concerning an individual supply of water
exceeding 1 000 m
3a day as an average or serving more than 5 000
persons, including the information specified in paragraph 3.
8. This Article shall not apply to water intended for human
consumption offered for sale in bottles or containers.
Article 10
Quality assurance of treatment, equipment and materials
Member States shall take all measures necessary to ensure that no
substances or materials for new installations used in the preparation ordistribution of water intended for human consumption or impurities
associated with such substances or materials for new installations remain
in water intended for human consumption in concentrations higher thanis necessary for the purpose of their use and do not, either directly orindirectly, reduce the protection of human health provided for in thisDirective; the interpretative document and technical specifications1998L0083 — EN — 25.12.1998 — 000.002 — 9
▼B
pursuant to Article 3 and Article 4 (1) of Council Directive 89/106/EEC
of 21 December 1988 on the approximation of laws, regulations andadministrative provisions of the Member States relating to construction
products(
1) shall respect the requirements of this Directive.
Article 11
Review of Annexes
1. At least every five years, the Commission shall review Annex I in
the light of scientific and technical progress and shall make proposals
for amendments, where necessary, under the procedure laid down inArticle 189c of the Treaty.
2. At least every five years, the Commission shall adapt Annexes II
and III to scientific and technical progress. Such changes as arenecessary shall be adopted in accordance with the procedure laid down
in Article 12.
Article 12
Committee procedure
1. The Commission shall be assisted by a committee composed of
representatives of the Member States and chaired by a Commission
representative.
2. The Commission representative shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown according to the urgency of the matter. The opinion shall bedelivered by the majority laid downin Article 148(2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the MemberStates within the committee shall be weighted in the manner set out inthat Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply
immediately. However, if those measures are not in accordance with
the committee's opinion, the Commission shall communicate them to the
Council forthwith. In that event:
(a) the Commission shall defer application of the measures which it has
adopted for a period of three months from the date of communica-tion;
(b) the Council, acting by a qualified majority, may take a different
decision within the time limit referred to in point (a).
Article 13
Information and reporting
1. Member States shall take the measures necessary to ensure that
adequate and up-to-date information on the quality of water intended for
human consumption is available to consumers.
2. Without prejudice to Council Directive 90/313/EEC of 7 June
1990 on the freedom of access to information on the environment(
2),
each Member State shall publish a report every three years on the qualityof water intended for human consumption with the objective of
informing consumers. The first report shall cover the years 2002,
2003 and 2004. Each report shall include, as a minimum, all individualsupplies of water exceeding 1 000 m
3a day as an average or serving
more than 5 000 persons and it shall cover three calendar years and bepublished within one calendar year of the end of the reporting period.
3. Member States shall send their reports to the Commission within
two months of their publication.1998L0083 — EN — 25.12.1998 — 000.002 — 10
(1) OJ L 40, 11.2.1989, p. 12. Directive as last amended by Directive 93/68/EEC
(OJ L 220, 30.8.1993, p. 1).
(2) OJ L 158, 23.6.1990, p. 56.
▼B
4. The formats and the minimum information for the reports provided
for in paragraph 2 shall be determined having special regard to themeasures referred to in Article 3(2), Article 5(2) and (3), Article 7(2),
Article 8, Article 9(6) and (7) and 15(1), and shall if necessary be
amended in accordance with the procedure laid down in Article 12.
5. The Commission shall examine the Member States' reports and,
every three years, publish a synthesis report on the quality of waterintended for human consumption in the Community. That report shall be
published within nine months of the receipt of the Member States'
reports.
6. Together with the first report on this Directive as mentioned in
paragraph 2, Member States shall also produce a report to be forwardedto the Commission on the measures they have taken or plan to take tofultil their obligations pursuant to Article 6(3) and Annex I, Part B, note
10. The Commission shall submit, as appropriate, a proposal on the
format of this report in accordance with the procedure laid down inArticle 12.
Article 14
Timescale for compliance
Member States shall take the measures necessary to ensure that the
quality of water intended for human consumption complies with this
Directive within five years of its entry into force, without prejudice to
Notes 2, 4 and 10 in Annex I, Part B.
Article 15
Exceptional circumstances
1. A Member State may, in exceptional circumstances and for
geographically defined areas, submit a special request to the Commis-
sion for a period longer than that laid down in Article 14. The additional
period shall not exceed three years, towards the end of which a reviewshall be carried out and forwarded to the Commission which may, on thebasis of that review, permit a second additional period of up to threeyears. This provision shall not apply to water intended for humanconsumption offered for sale in bottles or containers.
2. Any such request, grounds for which shall be given, shall set out
the difficulties experienced and include, as a minimum, all theinformation specified in Article 9(3).
3. The Commission shall examine that request in accordance with the
procedure laid down in Article 12.
4. Any Member State which has recourse to this Article shall ensure
that the population affected by its request is promptly informed in an
appropriate manner of the outcome of that request. In addition, theMember State shall, where necessary, ensure that advice is given toparticular population groups for which the request could present aspecial risk.
Article 16
Repeal
1. Directive 80/778/EEC is hereby repealed with effect from five
years after the entry into force of this Directive. Subject to paragraph 2,this repeal shall be without prejudice to Member States' obligationsregarding deadlines for transposition into national law and forapplication as shown in Annex IV.
Any reference to the Directive repealed shall be construed as a reference
to this Directive and shall be read in accordance with the correlationtable set out in Annex V.
2. As soon as a Member State has brought into force the laws,
regulations and administrative provisions necessary to comply with thisDirective and has taken the measures provided for in Article 14, this1998L0083 — EN — 25.12.1998 — 000.002 — 11
▼B
Directive, not Directive 80/778/EEC, shall apply to the quality of water
intended for human consumption in that Member State.
Article 17
Transposition into national law
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive within
two years of its entry into force. They shall forthwith inform the
Commission thereof.
When the Member States adopt those measures, these shall contain
references to this Directive or shall be accompanied by such referenceson the occasion of their official publication. The methods of makingsuch references shall be laid down by the Member States.
2. The Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the field
covered by this Directive.
Article 18
Entry into force
This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Communities .
Article 19
Addressees
This Directive is addressed to the Member States.1998L0083 — EN — 25.12.1998 — 000.002 — 12
▼B
ANNEXI
PARAMETERS AND PARAMETRIC VALUES
PART A
Microbiological parameters
ParameterParametric value
(number/100 ml)
Escherichia coli (E. coli) 0
Enterococci 0
The following applies to water offered for sale in bottles or containers:
Parameter Parametric value
Escherichia coli (E. coli) 0/250 ml
Enterococci 0/250 mlPseudomonas aeruginosa 0/250 ml
Colony count 22 ºC 100/ml
Colony count 37 ºC 20/ml1998L0083 — EN — 25.12.1998 — 000.002 — 13
▼B
PART B
Chemical parameters
Parameter Parametric value Unit Notes
Acrylamide 0,10 µg/l Note 1
Antimony 5,0 µg/l
Arsenic 10 µg/l
Benzene 1,0 µg/lBenzo(a)pyrene 0,010 µg/lBoron 1,0 mg/l
Bromate 10 µg/l Note 2
Cadmium 5,0 µg/lChromium 50 µg/lCopper 2,0 mg/l Note 3
Cyanide 50 µg/l
1,2-dichloroethane 3,0 µg/lEpichlorohydrin 0,10 µg/l Note 1Fluoride 1,5 mg/l
Lead 10 µg/l Notes 3 and 4
Mercury 1,0 µg/lNickel 20 µg/l Note 3Nitrate 50 mg/l Note 5Nitrite 0,50 mg/l Note 5
Pesticides 0,10 µg/l Notes 6 and 7
Pesticides — Total 0,50 µg/l Notes 6 and 8Polycyclic aromatic hydrocarbons 0,10 µg/l Sum of concentrations of
specified compounds; Note
9
Selenium 10 µg/l
Tetrachloroethene and Trichlor-
oethene10 µg/l Sum of concentrations of
specified parameters
Trihalomethanes — Total 100 µg/l Sum of concentrations of
specified compounds; Note
10
Vinyl chloride 0,50 µg/l Note 1
(1) To be added following the outcome of the study currently being carried out.
Note 1: The parametric value refers to the residual monomer concentration in the water as calculated according to
specifications of the maximum release from the corresponding polymer in contact with the water.
Note 2: Where possible, without compromising disinfection, Member States should strive for a lower value.1998L0083 — EN — 25.12.1998 — 000.002 — 14
▼B
For the water referred to in Article 6(1)(a), (b) and (d), the value must be met, at the latest, 10 calendar
years after the entry into force of the Directive. The parametric value for bromate from five years after the
entry into force of this Directive until 10 years after its entry into force is 25 µg/l.
Note 3: The value applies to a sample of water intended for human consumption obtained by an adequate sampling
method (1) at the tap and taken so as to be representative of a weekly average value ingested by consumers.
Where appropriate the sampling and monitoring methods must be applied in a harmonised fashion to be
drawn up in accordance with Article 7(4). Member States must take account of the occurrence of peaklevels that may cause adverse effects on human health.
Note 4: For water referred to in Article 6(1)(a), (b) and (d), the value must be met, at the latest, 15 calendar years
after the entry into force of this Directive. The parametric value for lead from five years after the entry into
force of this Directive until 15 years after its entry into force is 25 µg/l.
Member States must ensure that all appropriate measures are taken to reduce the concentration of lead in
water intended for human consumption as much as possible during the period needed to achievecompliance with the parametric value.
When implementing the measures to achieve compliance with that value Member States must progressively
give priority where lead concentrations in water intended for human consumption are highest.
Note 5: Member States must ensure that the condition that [nitrate]/50 + [nitrite]/3 ≤1, the square brackets
signifying the concentrations in mg/l for nitrate (NO
3) and nitrite (NO2), is complied with and that the value
of 0,10 mg/l for nitrites is complied with ex water treatment works.
Note 6:
‘Pesticides’ means:
— organic insecticides,
— organic herbicides,— organic fungicides,
— organic nematocides,
— organic acaricides,
— organic algicides,
— organic rodenticides— organic slimicides,
— related products ( inter alia , growth regulators)
and their relevant metabolites, degradation and reaction products.
Only those pesticides which are likely to be present in a given supply need be monitored.
Note 7: The parametric value applies to each individual pesticide. In the case of aldrin, dieldrin, heptachlor and
heptachlor epoxide the parametric value is 0,030 µg/l.
Note 8:
‘Pesticides — Total’
means the sum of all individual pesticides detected and quantified in the monitoring procedure.
Note 9: The specified compounds are:
— benzo(b)fluoranthene,
— benzo(k)fluoranthene,— benzo(ghi)perylene,
— indeno(1,2,3-cd)pyrene.
Note 10: Where possible, without compromising disinfection, Member States should strive for a lower value.
The specified compounds are: chloroform, bromoform, dibromochloromethane, bromodichloromethane.For the water referred to in Article 6(1)(a), (b) and (d), the value must be met, at the latest, 10 calendar
years after the entry into force of this Directive. The parametric value for total THMs from five years after
the entry into force of this Directive until 10 years after its entry into force is 150 µg/l.
Member States must ensure that all appropriate measures are taken to reduce the concentration of THMs in
water intended for human consumption as much as possible during the period needed to achievecompliance with the parametric value.
When implementing the measures to achieve this value, Member States must progressively give priority to
those areas where THM concentrations in water intended for human consumption are highest.
PART C
Indicator parameters
Parameter Parametric value Unit Notes
Aluminium 200 µg/l
Ammonium 0,50 mg/l
Chloride 250 mg/l Note 1
Clostridium perfringens (including
spores)0 number/
100 mlNote 21998L0083 — EN — 25.12.1998 — 000.002 — 15
▼B
Parameter Parametric value Unit Notes
Colour Acceptable to
consumers and no
abnormal change
Conductivity 2500 µS cm−1at
20 ºCNote 1
Hydrogen ion concentration ≥6,5 and≤9,5 pH units Notes 1 and 3
Iron 200 µg/lManganese 50 µg/l
Odour Acceptable to
consumers and no
abnormal change
Oxidisability 5,0 mg/l O
2Note 4
Sulphate 250 mg/l Note 1Sodium 200 mg/l
Taste Acceptable to
consumers and no
abnormal change
Colony count 22º No abnormal
change
Coliform bacteria 0 number/
100 mlNote 5
Total organic carbon (TOC) No abnormal
changeNote 6
Turbidity Acceptable to
consumers and no
abnormal changeNote 7
RADIOACTIVITY
Parameter Parametric value Unit Notes
Tritium 100 Bq/l Notes 8 and 10
Total indicative dose 0,10 mSv/year Notes 9 and 10
Note 1: The water should not be aggressive.
Note 2: This parameter need not be measured unless the water originates from or is influenced by surface water.
In the event of non-compliance with this parametric value, the Member State concerned must investigate
the supply to ensure that there is no potential danger to human health arising from the presence ofpathogenic micro-organisms, e.g. cryptosporidium. Member States must include the results of all suchinvestigations in the reports they must submit under Article 13(2).
Note 3: For still water put into bottles or containers, the minimum value may be reduced to 4,5 pH units.
For water put into bottles or containers which is naturally rich in or artificially enriched with carbon
dioxide, the minimum value may be lower.
Note 4: This parameter need not be measured if the parameter TOC is analysed.
Note 5: For water put into bottles or containers the unit is number/250 ml.
Note 6: This parameter need not be measured for supplies of less than 10 000 m
3a day.
Note 7: In the case of surface water treatment, Member States should strive for a parametric value not exceeding
1,0 NTU (nephelometric turbidity units) in the water ex treatment works.
Note 8: Monitoring frequencies to be set later in Annex II.
Note 9: Excluding tritium, potassium -40, radon and radon decay products; monitoring frequencies, monitoring
methods and the most relevant locations for monitoring points to be set later in Annex II.1998L0083 — EN — 25.12.1998 — 000.002 — 16
▼B
Note 10: 1. The proposals required by Note 8 on monitoring frequencies, and Note 9 on monitoring frequencies,
monitoring methods and the most relevant locations for monitoring points in Annex II shall be adopted
in accordance with the procedure laid down in Article 12. When elaborating these proposals theCommission shall take into account inter alia the relevant provisions under existing legislation or
appropriate monitoring programmes including monitoring results as derived from them. TheCommission shall submit these proposals at the latest within 18 months following the date referred
to in Article 18 of the Directive.
2. A Member State is not required to monitor drinking water for tritium or radioactivity to establish total
indicative dose where it is satisfied that, on the basis of other monitoring carried out, ►
C1the levels
of tritium or the calculated total indicative dose ◄are well below the parametric value. In that case, it
shall communicate the grounds for its decision to the Commission, including the results of this othermonitoring carried out.1998L0083 — EN — 25.12.1998 — 000.002 — 17
▼B
ANNEXII
MONITORING
TABLE A
Parameters to be analysed
1.Check monitoring
The purpose of check monitoring is regularly to provide information on the
organoleptic and microbiological quality of the water supplied for human
consumption as well as information on the effectiveness of drinking-water
treatment (particularly of disinfection) where it is used, in order to determine
whether or not water intended for human consumption complies with the
relevant parametric values laid down in this Directive.
The following parameters must be subject to check monitoring. Member States
may add other parameters to this list if they deem it appropriate.
Aluminium (Note 1)
AmmoniumColourConductivityClostridium perfringens (including spores) (Note 2)
Escherichia coli (E. coli)
Hydrogen ion concentration
Iron (Note 1)Nitrite (Note 3)OdourPseudomonas aeruginosa (Note 4)
TasteColony count 22 ºC and 37 ºC (Note 4)Coliform bacteria
Turbidity
Note 1: Necessary only when used as flocculant (*).
Note 2: Necessary only if the water originates from or is influenced by surface
water (*).
Note 3: Necessary only when chloramination is used as a disinfectant (*).
Note 4: Necessary only in the case of water offered for sale in bottles or containers.
(*) In all other cases, the parameters are in the list for audit monitoring.
2.Audit monitoring
The purpose of audit monitoring is to provide the information necessary to
determine whether or not all of the Directive's parametric values are beingcomplied with. All parameters set in accordance with Article 5(2) and (3) must
be subject to audit monitoring unless it can be established by the competent
authorities, for a period of time to be determined by them, that a parameter is
not likely to be present in a given supply in concentrations which could lead to
the risk of a breach of the relevant parametric value. This paragraph does not
apply to the parameters for radioactivity, which, subject to Notes 8, 9 and 10
in Annex I, Part C, will be monitored in accordance with monitoring
requirements adopted under Article 12.
TABLE B1
Minimum frequency of sampling and analyses for water intended for human
consumption supplied from a distribution network or from a tanker or used
in a food-production undertaking
Member States must take samples at the points of compliance as defined in
Article 6(1) to ensure that water intended for human consumption meets the
requirements of the Directive. However, in the case of a distribution network, a
Member State may take samples within the supply zone or at the treatment works1998L0083 — EN — 25.12.1998 — 000.002 — 18
▼B
for particular parameters if it can be demonstrated that there would be no adverse
change to the measured value of the parameters concerned.
Volume of water distrib-
uted or produced each day
within a supply zone
(Notes 1 and 2)
m3Check monitoring number
of samples per year
(Notes 3, 4 and 5)Audit monitoring number of
samples per year
(Notes 3 and 5)
≤100 (Note 6) (Note 6)
> 100 ≤1 000 4 1
> 1 000 ≤10000 4
+ 3 for each 1 000 m3/d
and part thereof of the
total volume1
+ 1 for each 3300 m3/d
and part thereof of the
total volume
> 10000 ≤100000 3
+ 1 for each 10000 m3/d
and part thereof of the
total volume
> 100 000 10
+ 1 for each 25000 m3/d
and part thereof of the
total volume
Note 1: A supply zone is a geographically defined area within which water intended for
human consumption comes from one or more sources and within which waterquality may be considered as being approximately uniform.
Note 2: The volumes are calculated as averages taken over a calendar year. A Member
State may use the number of inhabitants in a supply zone instead of the volume of
water to determine the minimum frequency, assuming a water consumption of200 l/day/capita.
Note 3: In the event of intermittent short-term supply the monitoring frequency of water
distributed by tankers is to be decided by the Member State concerned.
Note 4: For the different parameters in Annex I, a Member State may reduce the number of
samples specified in the table if:
(a) the values of the results obtained from samples taken during a period of at
least two successive years are constant and significantly better than the limitslaid down in Annex I, and
(b) no factor is likely to cause a deterioration of the quality of the water.
The lowest frequency applied must not be less than 50 % of the number of samples
specified in the table except in the particular case of note 6.
Note 5: As far as possible, the number of samples should be distributed equally in time and
location.
Note 6: The frequency is to be decided by the Member State concerned.
TABLE B2
Minimum frequency of sampling and analysis for water put into bottles or
containers intended for sale
Volume of water
produced for offering for
sale in bottles or
containers each day (1)
m3Check monitoring number
of samples per yearAudit monitoring number of
samples per year
≤10 1 1
>1 0 ≤60 12 1
> 60 1 for each 5 m3and part
thereof of the total
volume1 for each 100 m3and
part thereof of the total
volume
(1) The volumes are calculated as averages taken over a calendar year.1998L0083 — EN — 25.12.1998 — 000.002 — 19
▼B
ANNEXIII
SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS
Each Member State must ensure that any laboratory at which samples are
analysed has a system of analytical quality control that is subject from time to
time to checking by a person who is not under the control of the laboratory and
who is approved by the competent authority for that purpose.
1. PARAMETERS FOR WHICH METHODS OF ANALYSIS ARE SPECI-
FIED
The following principles for methods of microbiological parameters are
given either for reference whenever a CEN/ISO method is given or for
guidance, pending the possible future adoption, in accordance with the
procedure laid down in Article 12, of further CEN/ISOinternational methods
for these parameters. Member States may use alternative methods, providing
the provisions of Article 7(5) are met.
Coliform bacteria and Escherichia coli (E. coli) (ISO 9308-1)
Enterococci (ISO 7899-2)Pseudomonas aeruginosa (prEN ISO 12780)
Enumeration of culturable microorganisms — Colony count 22 ºC (prEN
ISO 6222)
Enumeration of culturable microorganisms — Colony count 37 ºC (prEN
ISO 6222)
Clostridium perfringens (including spores)
Membrane filtration followed by anaerobic incubation of the membrane on
m-CP agar (Note 1) at 44 ± 1 ºC for 21 ± 3 hours. Count opaque yellow
colonies that turn pink or red after exposure to ammonium hydroxide
vapours for 20 to 30 seconds.
Note 1: The composition of m-CP agar is:
Basal medium
Tryptose 30 g
Yeast extract 20 gSucrose 5 g
L-cysteine hydrochloride 1 g
MgSO
4·7 H2O 0,1 g
Bromocresol purple 40 mgAgar 15 g
Water 1 000 ml
Dissolve the ingredients of the basal medium, adjust pH to 7,6
and autoclave at 121 ºC for 15 minutes. Allow the medium to
cool and add:
D-cycloserine 400 mg
Polymyxine-B sulphate 25 mg
Indoxyl- β-D-glucoside
to be dissolved in 8 ml sterile
water before addition60 mg
Filter — sterilised 0,5 %
phenolphthalein diphosphate
solution20 ml
Filter — sterilised 4,5 %
FeCl
3·6 H2O2m l
2. PARAMETERS FOR WHICH PERFORMANCE CHARACTERISTICS
ARE SPECIFIED
2.1. For the following parameters, the specified performance characteristics are
that the method of analysis used must, as a minimum, be capable of1998L0083 — EN — 25.12.1998 — 000.002 — 20
▼B
measuring concentrations equal to the parametric value with a trueness,
precision and limit of detection specified. Whatever the sensitivity of the
method of analysis used, the result must be expressed using at least the same
number of decimals as for the parametric value considered in Annex I, Parts
B and C.
ParametersTrueness %
of parametric
value
(Note 1)Precision %
of parametric
value
(Note 2)Limit of
detection %
of parametric
value
(Note 3)Conditions Notes
Acrylamide To be controlled
by product speci-
fication
Aluminium 10 10 10
Ammonium 10 10 10
Antimony 25 25 25Arsenic 10 10 10Benzo(a)pyrene 25 25 25
Benzene 25 25 25
Boron 10 10 10Bromate 25 25 25Cadmium 10 10 10Chloride 10 10 10
Chromium 10 10 10
Conductivity 10 10 10Copper 10 10 10Cyanide 10 10 10 Note 4
1,2-dichloroethane 25 25 10
Epichlorohydrin To be controlled
by product speci-
fication
Fluoride 10 10 10Iron 10 10 10
Lead 10 10 10
Manganese 10 10 10Mercury 20 10 20Nickel 10 10 10
Nitrate 10 10 10
Nitrite 10 10 10Oxidisability 25 25 10 Note 5Pesticides 25 25 25 Note 61998L0083 — EN — 25.12.1998 — 000.002 — 21
▼B
ParametersTrueness %
of parametric
value
(Note 1)Precision %
of parametric
value
(Note 2)Limit of
detection %
of parametric
value
(Note 3)Conditions Notes
Polycyclic aromatic
hydrocarbons25 25 25 Note 7
Selenium 10 10 10
Sodium 10 10 10
Sulphate 10 10 10Tetrachloroethene 25 25 10 Note 8Trichloroethene 25 25 10 Note 8
Trihalomethanes —
Total25 25 10 Note 7
Vinyl chloride To be controlled
by product speci-
fication
2.2. For hydrogen ion concentration the specified performance characterisatics
are that the method of analysis used must be capable of measuring
concentrations equal to the parametric value with a trueness of 0,2 pH unit
and a precision of 0,2 pH unit.
Note 1(*): Trueness is the systematic error and is the difference between the mean
value of the large number of repeated measurements and the true value.
Note 2(*): Precision is the random error and is usually expressed as the standard
deviation (within and between batch) of the spread of results about themean. Acceptable precision is twice the relative standard deviation.
(*) These terms are further defined in ISO 5725.
Note 3: Limit of detection is either:
— three times the relative within batch standard deviation of a natural
sample containing a low concentration of the parameter,
or
— five times the relative within batch standard deviation of a blank sample.
Note 4: The method should determine total cyanide in all forms.
Note 5: Oxidation should be carried out for 10 minutes at 100 ºC under acid
conditions using permanganate.
Note 6: The performance characteristics apply to each individual pesticide and will
depend on the pesticide concerned. The limit of detection may not beachievable for all pesticides at present, but Member States should strive to
achieve this standard.
Note 7: The performance characteristics apply to the individual substances specified
at 25 % of the parametric value in Annex I.
Note 8: The performance characteristics apply to the individual substances specified
at 50 % of the parametric value in Annex I.
3. PARAMETERS FOR WHICH NO METHOD OF ANALYSIS IS
SPECIFIED
Colour
Odour
Taste
Total organic carbon
Turbidity (Note 1)
Note 1: For turbidity monitoring in treated surface water the specified performance
characteristics are that the method of analysis used must, as a minimum, becapable of measuring concentrations equal to the parametric value with a
trueness of 25 %, precision of 25 % and a 25 % limit of detection.1998L0083 — EN — 25.12.1998 — 000.002 — 22
ANNEXIV
DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW AND FOR APPLICATION
Directive 80/778/EEC
Transposition 17.7.1982
Application 17.7.1985
All Member States except
Spain, Portugal and new
Länderof GermanyDirective 81/858/EEC
(Adaptation due to accession of
Greece)Act of Accession of Spain and
Portugal
Spain: transposition 1.1.1986
application 1.1.1986
Portugal: transposition 1.1.1986
application 1.1.1989Directive 90/656/EEC for new Länder
of GermanyAct of Accession of Austria, Finland
and Sweden
Austria: transposition 1.1.1995
application 1.1.1995
Finland: transposition 1.1.1995
application 1.1.1995
Sweden: transposition 1.1.1995
application 1.1.1995Directive 91/692/EEC
Articles 1 to 14 Application 31.12.1995
Article 15 Amended with effect from
1.1.1981Amended with effect from
1.1.1986Amended with effect from
1.1.1995
Article 16
Article 17 Article 17(a) inserted
Article 18Article 19 Amended AmendedArticle 20
Article 21▼B1998L0083 — EN — 25.12.1998 — 000.002 — 23
▼B
ANNEXV
CORRELATION TABLE
This Directive Directive 80/778/EEC
Article 1(1) Article 1(1)
Article 1(2) —Article 2(1)
(a) and (b)Article 2
Article 2(2) —
Article 3(1)
(a) and (b)Article 4(1)
Article 3(2)
(a) and (b)—
Article 3(3) —
Article 4(1) Article 7(6)Article 4(2) Article 11Article 5(1) Article 7(1)Article 5(2) first sentence Article 7(3)Article 5(2) second sentence —Article 5(3) —Article 6(1) Article 12(2)Article 6(2) to (3) —
Article 7(1) Article 12(1)
Article 7(2) —Article 7(3) Article 12(3)Article 7(4) —Article 7(5) Article 12(5)Article 7(6) —Article 8 —Article 9(1) Article 9(1) and Article 10(1)Article 9(2) to (6) —Article 9(7) Article 9(2) and Article 10(3)Article 9(8) —
Article 10 Article 8
Article 11(1) —Article 11(2) Article 131998L0083 — EN — 25.12.1998 — 000.002 — 24
▼B
This Directive Directive 80/778/EEC
Article 12(1) Article 14
Article 12(2) and (3) Article 15Article 13(1) —
Article 13(2) to (5) Article 17(a) (inserted by Directive 91/692/EEC)
Article 14 Article 19Article 15 Article 20Article 16 —
Article 17 Article 18
Article 18 —Article 19 Article 211998L0083 — EN — 25.12.1998 — 000.002 — 25