COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 08.07.1998 
COM(1998) 388 final 
95/0010(SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the Quality of Water Intended for Human 
Consumption 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 4 January 1995, the Commission adopted a "Proposal for a Council Directive on the 
Quality of Water intended for Human Consumption" (COM(94)612 final - 95/0010 
SYN). 
On 28 April 1995 (OJ C 131, 30.5.1995, p.5) (co-operation procedure pursuant to Article 
130S1) the proposal was presented to the Council. 
The Economic and Social Committee gave its opinion on 21 December 1995 (OJ C 82, 
19.3.96). 
The Committee of the Regions gave its opinion on 19 September 1995 (OJ C 100, 
2.4.1996). 
The European Parliament gave its opinion (first reading) at its sitting of 12 December 
1996 (OJC 020, 20.1.1997). 
The Commission adopted the amended proposal (COM(97)228 final - 95/0010 SYN of 
4.06.1997; OJ C 213, 15.7.1997). 
At its meeting on 16 October 1997, the Council reached a political agreement with a view 
to adopting a common position. 
The Council's common position was adopted on 19 December 1997 (OJ C 91, 26.3.98) 
The European Parliament gave its opinion (second reading) at its sitting of 13May 1998. 
The Commission has examined the amendments proposed by Parliament at its second 
reading and has included a number of them in this re-examined proposal. In this 
memorandum the Commission's position on each of the amendments approved by 
Parliament at its second reading is explained. 
In general the Commission cannot accept the amendments which are, in its opinion, 
unworkable, or which will make implementation unduly onerous. On the other hand the 
Commission can accept amendments which improve the clarity of the text and which 
remove any possible areas of ambiguity or doubt. The Commission can also accept those 
amendments which improve still further the transparency of the Directive. 
Therefore, the Commission can accept amendments: 6, 8, 15 and 19 without reservation 
as all these amendments improve the text of the Directive, through textual changes or 
through improvement of the transparency; amendments 12 and 29 can be accepted in 
part with some necessary redrafting for reasons of coherence with the other provisions of 
the Directive. 
In addition the Commission can accept in principle amendments: 13, 26 and 30. The 
following comments are represented on these amendments: 
Amendment 13 
Amendment 13 refers to disinfection of water and proposes to add "that there is no new 
contamination from disinfection degradation products". A redrafting is necessary to make 
it factually correct. 
Amendment 26 
Amendment 26 proposes the addition of a parameter for radioactivity in Annex 1, part B. 
The Commission following the advice given by the Group of experts under Article 31 
EURATOM Treaty Committee accepts to include radioactivity parameter in Annex 1, 
part C (indicator parameter), gross a and gross \\ activity should for the time being only 
be included but not quantified. For tritium a value of KM) Bq/1 is proposed, the total 
indicative dose is 0.1 mSv/y The Commission undertakes to provide further guidance, on 
how the indicative dose parameter shall be translated in practical terms. The appropriate 
values for total a and total (3 and the monitoring frequencies under Annex II will be 
defined in due time. 
Amendment 30 
Amendment 30 refers to a study to be carried out into the issue of endocrine disrupters on 
which to base a proposal on the basis of Article 189b. The Commission welcomes the 
idea. It should not, though, be put into a Directive as within some time it will be 
irrelevant. 
Amendment 12 
The Commission is of the opinion that the reference is indeed better placed in Article 
6(2) than in Article 2(2) as it makes the text more comprehensible. The text can be 
transferred as it is in the Common Position. 
The second issue of amendment 12 refers to a report to be produced by Member States on 
the incidence of lead piping and on plans to replace this lead. In principle the 
Commission can agree with the idea of plans that Member States should present within 
five years to explain how Member States will comply with the lead-related provisions. 
Amendment 29 
Amendment 29 calls for Member States to produce a report on areas with high THM 
values. The Commission can accept the concept of such a report to be produced by 
Member States. 
The Commission cannot accept the remaining amendments, namely: 1, 3, 4, 5, 9, 11,14, 
16, 21, 22, 23, 24, 25, 27, 28 and 31. 
Amendments 1,3,4,5,9,11,14,21,23 
These amendments either do not add anything new to the text, or are irrelevant in this 
Directive or are already covered by thé Treaty. 
Amendment 16 and Amendment 22 
Amendments 16 and 22 seek to change the derogation provisions under Articles 9(1) and 
15(1). Acceptance of these amendments could put at stake the adoption of the Directive 
as the Council reached a very difficult agreement on this point. The Commission believes 
that the main concerns of the Parliament have been taken into account as derogations can 
be granted only when there is no potential human health risk and the water supply cannot 
be maintained by any other reasonable means. Additionally the derogations are limited in 
time and the Commission remains involved. 
Amendment 24 
Amendment 24 seeks to lower the parametric value lor TMM to 80 ug/l.The Commission 
is of the opinion that the value retained in the Common Position represents an 
appropriate balance between health and practical considerations. 
Amendment 25 
A reference to endocrine disrupters is added to Article 4(1 )a (amendment 8), but at 
present it is thought to be premature to introduce a parameter in Annex I, B. 
Amendment 27 
Even though it is desirable to use the same sampling method all over the European 
Union, this might not always be possible due to various factors. 
Amendment 28 
Amendment 28 proposes 10 years to comply with the lead standard. The Commission 
cannot accept such a timetable. The proposed compliance period is 15 years, and this is 
based on what the Commission believes to be the best balance between the protection of 
human health, and the economic consequences of achieving such a standard. 
Amendment 31 
Amendment 31 calls for copper to be moved from Annex I, Part B (chemical parameters) 
to Annex I, Part C (indicator parameters). As is explained in the explanatory 
memorandum WHO guideline values for drinking water quality have been used as a 
basis for the proposed Directive. The Commission has followed the WHO's health-based 
guideline on copper. In the rolling revision, which took place in Geneva in April 1997, 
this value did not change. The Commission will review the parametric value for copper 
and its classification following the revision of the WHO guidelines. 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the Quality of Water intended for human consumption 
Text of the Common Position Re-examined proposal 
Article 2(2) 
"domestic distribution system" shall mean 
the pipework, fittings and appliances which 
are installed between the taps that are 
normally used for human consumption and 
the distribution network but only if they are 
not the responsibility of the water supplier, in 
its capacity as a water supplier, according to 
the relevant national law, except in premises 
and establishments where water is supplied to 
the public, such as schools, hospitals and 
restaurants. "domestic distribution system" shall mean 
the pipework, fittings and appliances which 
are installed between the taps that are 
normally used for human consumption and 
the distribution network but only if they are 
not the responsibility of the water supplier, in 
its capacity as a water supplier, according to 
the relevant national law. 
Article 4(1 )(a) 
(a) is free from any micro-organisms and (a) is free from any micro-organisms and 
parasites and from any substances which, in parasites, endocrine disrupting chemicals 
numbers or concentrations, constitute a and from any other substances which, in 
potential danger to human health, and numbers or concentrations, constitute a 
potential danger to human health, and 
Article 6(2) 
2. In the case of water covered by paragraph 
1(a), Member States shall be deemed to have 
fulfilled their obligations under this Article 
and under 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. 2. In the case of water covered by paragraph 
1(a). Member States shall be deemed to have 
fulfilled their obligations under this Article 
and under 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 the public, such as schools, 
hospitals and restaurants. 
Member States must produce a report and 
forward it to the Commission, in accordance 
with Article 13 (5), on the incidence of lead 
piping in households and come forward 
within live years of the entry into force of 
this Directive, with a plan of practical 
measures to be taken, such as lead pipe 
replacement or other measures under 
paragraph (3), to fulfil their obligations. 
Article 7(1) 
1. Member States shall take all measures 
necessary to ensure that regular monitoring of 
the quality of water intended for human 
consumption is carried out, in order to check 
that the water available to 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 water consumed throughout the 
year. In addition, Member States shall take 
all measures necessary to ensure that, where 
disinfection forms part of the preparation or 
distribution of water intended for human 
consumption, the efficiency of the 
disinfection treatment is verified. I. Member States shall take all measures 
necessary to ensure that regular monitoring of 
the quality of water intended for human 
consumption is carried out, in order to check 
that the water available to 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 water consumed throughout the 
year. In addition, Member States shall take 
all measures necessary to ensure that, where 
disinfection forms part of the preparation or 
distribution of water intended for human 
consumption, the efficiency of the 
disinfection treatment is verified, and that 
any contamination from disinfection by­
products is kept as low as possible without 
compromising the disinfection. 
Article 8 (2) 
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 
necessary remedial action is taken as soon as 
possible to restore its quality, having regard 
inter alia to the extent to which the relevant 
parametric value has been exceeded and to 
the potential danger to human health. 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 
necessary remedial action is taken as soon as 
possible to restore its quality and shall give 
priority to their enforcement action, having 
regard to the extent to which the relevant 
parametric value has been exceeded and to 
the potential danger to human health. 
Article 10 
Member States shall take all measures 
necessary to ensure that no substances or 
materials for new installations used in the 
preparation or distribution 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 Member States shall take all measures 
necessary to ensure that no substances or 
materials for new installations used in the 
preparation or distribution 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 than is necessary for 
the purpose of their use and do not, either 
directly or indirectly reduce the protection for 
human health provided for in this Directive, 
without prejudice to Council Directive 
89/106/EEC of 21 December 1988 on the 
approximation of laws, regulations and 
administrative provisions of the Member 
States relating to construction products (1). concentrations higher than is necessary for 
the purpose of their use and do not, either 
directly or indirectly reduce the protection for 
human health provided for in this Directive, 
whereby the interpretative documents and 
technical specifications pursuant to Article 
3( 1 ) and Article 4( 1 ) of the Council Directive 
89/106/EEC of 21 December 1988 on the 
approximation of laws, regulations and 
administrative provisions of the Member 
States relating to construction products (1) 
•shall respect the requirements of this 
Directive. 
Annex I, Part B. note 10-
Note 10: Where possible, without Note 10: Where possible, without 
compromising disinfection, Member States compromising disinfection, Member States 
should strive for a lower value. 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, ten calendar years after entry into force 
of this Directive. The parametric value for 
total THMs from five years after entry into 
force of this Directive until ten years after its 
entry into force is 150 ^ig/1. 
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 achieve 
compliance 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. 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, ten calendar years after entry into force 
of this Directive. The parametric value for 
total THMs from five years after entry into 
force of this Directive until ten years after its 
entry into force is 150 (.ig/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 achieve 
compliance 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. 
Member States must produce a report and 
forward it to the Commission, in accordance 
with Article 13(5), on areas with high THM 
values and come forward within 5 years with 
a plan of practical measures to be taken, 
necessary to comply with the THM related 
provisions. 
Annex I, Part C, entry 11 a (new), (after "oxidizability") 
Parameter 
Radioactivity: 
tritium 
total a activity 
total P activity 
total indicative 
dose Parametric 
value 
100 
no value at 
present 
no value at 
present 
0,10 Unit 
becquerel/1 
becquerel/1 
becquerel/1 
mSv/year Note 
Note 11 
Note 8, 11 
Note 9, 11 
Note 10, 11 
Note 8: Total a: except radon and short-lived radon decay products. 
Note 9: Total P: except 40K, tritium and short-lived radon decay products. 
Note 10: Further guidance on the assessment of the annual individual effective 
dose, in comparison with the total indicative dose, will be provided in due 
time. 
Note 11 : the monitoring frequencies under Annex II, will be defined in due time. 

ISSN 0254-1475 
COM(98) 388 final 
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