17. 1. 89 Official Journal of the European Communities No C 13/7 
Proposal for a Council Directive amending Directives 80/778/EEC on drinking water, 
76/160/EEC on bathing water, 75/440/EEC on surface water and 79/869/EEC on methods of 
measurement and frequencies of analysis of surface water 
COM(88) 752 final 
(Submitted by the Commission on 22 December 1988) 
(89/C 13/10) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130S 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, in its resolution of 19 October 1987 on the 
continuation and implementation of a European 
community policy and action programme on the envi­
ronment (1987 to 1992) ('), the Council underlined the 
particular importance it attaches to the implementation 
of the Community legislation; 
Whereas Council Directive 80/778/EEC of 15 July 1980 
relating to the quality of water intended for human 
consumption (2) includes provision for the adaptation of 
certain technical requirements within a Committee on 
the Adaptation to Scientific and Technical Progress; 
Whereas Council Directive 76/160/EEC of 8 December 
1975 concerning the quality of bathing water (3) includes 
provision for the adaptation of certain technical 
requirements set out in the Directive within a Committee 
on Adaptation to Technical Progress; 
Whereas Council Directive 75/440/EEC of 16 June 
1975 concerning the quality of surface water intended 
for the abstraction of drinking water in the Member 
States (4) provides for the revision of Certain technical 
requirements of the Directive either at the request of a 
Member State or on a proposal from the Commission; 
Whereas Council Directive 79/869/EEC of 9 October 
1979 concerning the methods of measurement and 
frequencies of sampling and analysis of surface water 
intended for the abstraction of drinking water in the 
(') OJ No C 328, 7. 12. 1987, p. 5. 
O OJ No L 229, 30. 8. 1980, p. 11. 
O OJ No L31, 5. 2. 1976, p. 1. 
(4) OJ No L 194, 25. 7. 1975, p. 26. Member States (5) includes provision for the adaptation 
of certain technical requirements of the Directive within 
a Committee on Adaptation to Technical and Scientific 
Progress; 
Whereas, in order to improve and accelerate practical 
implementation of these Directives, the technical content 
of their Annexes must, where appropriate, be speedily 
adapted to scientific and technical progress and whereas, 
in order to facilitate application of the measures required 
for this purpose, provision should be made for a uniform 
procedure establishing close cooperation between the 
Member States and the Commission within a regulatory 
committee acting in accordance with Procedure III, 
Variant (a) of Article 2 of Council Decision 
87/373/EEC of 13 July 1987 laying down the 
procedures for the exercise of implementing powers 
conferred on the Commission (6); 
Whereas, in order further to facilitate implementation of 
these Directives, provision should equally be made for 
such a committee to assist the Commission, in an 
advisory capacity, on any matter falling within the 
Commission's powers of implementation which the 
Commission may submit to this committee; 
Whereas, it is necessary to allow for assessment of the 
effects of implementation of this Directive over a 
three-year trial period, during or following which the 
Commission may, if appropriate, submit a proposal to 
the Council requesting that the provisions of the 
Directive continue to apply, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 80/778/EEC is hereby amended as follows. 
1. Articles 13 and 14 are replaced by the following: 
'Article 13 
Such amendments as are necessary to add, delete or 
otherwise modify parameters, numerical values, 
comments and footnotes set out in Annex I, patterns 
and frequencies of standard analyses and footnotes set 
(*)' OJNo L 271, 29. 10. 1979, p. 44. 
(•) OJ No L 197, 18. 7. 1987, p. 33. 
No C 13/8 Official Journal of the European Communities 17. 1. 89 
out in Annex II and reference methods of analysis 
and footnotes set out in Annex III in order to adapt 
the content of these Annexes to scientific and 
technical progress shall be adopted in accordance with 
the procedure laid down in Article 15. 
Article 14 
1. To bring about the amendments provided for in 
Article 13, a Regulatory Committee, hereinafter 
called 'the Committee', is hereby set up; it shall be 
composed of the representatives of the Member States 
and chaired by the representative of the Commission. 
2. The Committee shall equally assist the 
Commission on any matter falling within its powers of 
implementation, which the Commission may submit to 
the Committee. The Committee shall act in those 
circumstances in an advisory capacity and proceed 
without a vote. 
3. The Committee shall adopt its own rules of 
procedure.' 
2. Article 15 is amended in accordance with the 
provisions of Article 5 of this Directive. 
Article 2 
Directive 76/160/EEC is hereby amended as follows. 
1. Articles 9 and 10 are replaced by the following: 
Article 9 
Such amendments as are necessary to modify the 
minimum sampling frequency and to add, delete or 
otherwise modify parameters, numerical values, 
methods of analysis and footnotes set out in the 
Annex in order to adapt the content of this Annex to 
scientific and technical progress, shall be adopted in 
accordance with the procedure laid down in Article 
11. 
Article 10 
1. To bring about the amendments provided for in 
Article 9, a Regulatory Committee, hereinafter called 
'the Committee', is hereby set up; it shall be 
composed of the representatives of the Member States 
and chaired by the representative of the Commission. 
2. The Committee shall equally assist the 
Commission on any matter falling within its powers of 
implementation, which the Commission may submit to 
the Committee. The Committee shall act in those 
circumstances in an advisory capacity and proceed 
without a vote. 
3. The Committee shall adopt its own rules of 
procedure.' 
2. Article 11 is amended in accordance with the 
provisions of Article 5 of this Directive. Article 3 
Directive 75/440/EEC is hereby amended as follows. 
1. Article 9 is replaced by the following: 
Article 9a 
Such amendments as are necessary to add, delete or 
otherwise modify standard methods of treatment and 
categories of surface water set out in Annex I and 
parameters, numerical values and footnotes set out in 
Annex II in order to adapt the content of these 
Annexes to scientific and technical progress, shall be 
adopted in accordance with the procedure laid down 
in Article 9c. 
Article 9b 
1. To bring about the amendments provided for in 
Article 9a, a Regulatory Committee, hereinafter called 
"the Committee", is hereby set up; it shall be 
composed of the representatives of the Member States 
and chaired by the representative of the Commission. 
2. The Committee shall equally assist the 
Commission on any matter falling within its powers of 
implementation, which the Commission may submit to 
the Committee. The Committee shall act in those 
circumstances in an advisory capacity and proceed 
without a vote. 
3. The Committee shall adopt its own rules of 
procedure.' 
2. An additional article is inserted as Article 9c in 
accordance with the provisions of Article 5 of this 
Directive. 
Article 4 
Directive 79/869/EEC is hereby amended as follows. 
1. Articles 9 and 10 are replaced by the following: 
Article 9 
Such amendments as are necessary to add, delete or 
otherwise modify parameters, numerical values 
applicable to the limits of detection, precision and 
accuracy, reference methods of analysis, materials 
recommended for the container and footnotes set out 
in Annex I, and to modify the minimum annual 
frequency of sampling and analysis, categories and 
footnotes set out in Annex II, in order to adapt these 
Annexes to scientific and technical progress and to 
take into account amendments to the Annexes to 
Directive 75/440/EEC, shall be adopted in 
accordance with the procedure laid down in Article 
11. 
17.1.8^ official journal of the 
1. Tohrin^ahout the amendments provided for in 
Articled, aRe^ulatory Committee, hereinafter called 
^the committee , is herehy set up^ it shall he 
composed of the representatives of the ^viemher states 
and chaired hy the representative of the Commission. 
^. The committee shall equally assist the 
Commission on any matter falling within its powers of 
implementation,^vhich the Commission may suhmit to 
the Committee. The Committee shall act in those 
circumstances in an advisory capacity and proceed 
^vithoutavote. 
^. The Committee shall adopt its o^vn rules of 
procedure.^ 
^. Article 11 is amended in accordance ^vith the 
provisions of Article^of this Directive. 
The follo^vin^para^raphs herehy replace the provisions 
of Article 15ofDirective80B778BLEC, Article 11 of 
Directive 7DB1D0BELC and Article 11 of Directive 
7^B8^BELC^, and are inserted as Article ^c of Directive 
75B^0BEEC^ 
U. ^heretheprocedure laiddo^vnin this Article 
istohefollo^ved,themattershallhereferredtothe 
committee hy its chairman, either on his o^vn 
initiative or at the request of a representative of a 
^viemher^tate. 
^. The representative of the Commission shall 
suhmitto the Committee adraftof the measures to n Communities l^oCl^B^ 
hetaken.TheC^ommitteeshalldeliveritsopinionon 
the draft measures within a time limit ^vhich the 
chairman may laydo^vnaccordin^totheur^encyof 
the matter. The opinion shall he delivered hy the 
majority laid do^vn in Articlel^^oftheTreaty in 
the case of decisions ^vhich the Council is required to 
adopt onaproposal from the Commission.The votes 
of the representatives of the ^iemher states within 
the committee shall he ^vei^hted in the manner set 
out in that Article. The chairman shall not vote. 
^. ^ The Commission shall adopt the measures 
envisaged if they are in accordance ^vith the 
opinion of the Committee. 
d^ If the measures envisaged are not in 
accordance ^vith the opinion of the 
Committee, or if no opinion is delivered, the 
Commission shall, without delay, suhmit to 
the Council of proposal relating to the 
measures to he taken. The Council shall act hy 
aqualified majority. 
^ lf,^vithinthreemonthsof theproposalhein^ 
suhmitted to it,the Council has not acted,the 
proposed measures shall he adopted hy the 
CommissionB 
The provisions of this Directive shall take effect from the 
date of its notification. They shall cease to apply three 
years after notification of this Directive unless, further to 
a proposal from the Commission, the Council decides 
otherwise. 
Blr^cA^ 7 
ThisDirectiveisaddressedtothe^iemher^tates.