A4-0146/98

Decision on the common position adopted by the Council with a view to the adoption of a Council Directive on the quality of water intended for human consumption (C4-0083/98 - 95/0010(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0083/98 - 95/0010(SYN),

- having regard to its opinion at first reading ((OJ C 20, 20.1.1997, p. 121.)) on the Commission proposal to the Council COM(94)0612 ((OJ C 131, 30.5.1995, p. 5.)),

- having regard to the amended Commission proposal COM(97)0228 ((OJ C 213, 15.7.1997, p. 8.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- 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 Consumer Protection (A4-0146/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 3a (new)

>Original text>

>Text following EP vote>

(3a) Whereas an agreement on a 'modus vivendi' between the European Parliament, Council and Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was concluded on 20 December 1994(1);

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(1) OJ C 102, 4.4.1996, p. 1.

(Amendment 3)

Recital 9

>Original text>

(9) Whereas the coherence of European water policy presupposes that a suitable water framework Directive will be adopted in due course;

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(9)

Whereas the coherence of European water policy presupposes that a suitable water framework Directive will be adopted in due course and that uniform committee procedures and reporting obligations are required;

(Amendment 4)

Recital 11

>Original text>

(11) Whereas measures are required for all parameters directly relevant to health and for other parameters if a deterioration in quality has occurred; whereas, furthermore, such measures should be 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 and Directive 97/.../EC of the European Parliament and of the Council of ............ concerning the placing of biocidal products on the market;

>Text following EP vote>

(11)

Whereas measures are required for all parameters directly relevant to health and for other parameters if a deterioration in quality has occurred; whereas, furthermore, such measures should be 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, in accordance with the ruling of the European Court of Justice of 18 June 1996 (case C-303/94)(1), and European Parliament and Council Directive 98/8/EC of 16 February 1998 concerning the placing of biocidal products on the market(2);

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(1) [1996] ECR I-2943.

(2) OJ L 123, 24.4.1998, p. 1.

(Amendment 5)

Recital 23

>Original text>

(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 monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid down in this Directive;

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(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 monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid down in this Directive; whereas they should be submitted regularly to the appropriate departments of the Commission, which should keep the European Parliament informed of the situation in the Member States;

(Amendment 6)

Article 2(2)

>Original text>

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.

>Text following EP vote>

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.

(Amendment 8)

Article 4(1)(a)

>Original text>

(a) is free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health, and

>Text following EP vote>

(a)

is free from any micro-organisms and parasites, endocrine disrupting chemicals and from any other substances which, in numbers or concentrations, constitute a potential danger to human health, and

(Amendment 9)

Article 4(1), last paragraph

>Original text>

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 other measures necessary to ensure that water intended for human consumption complies with the requirements of this Directive.

>Text following EP vote>

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 other measures necessary to ensure that water intended for human consumption complies with the requirements of this Directive.

This shall include catchment protection measures that take full account of the precautionary principle and the polluter pays principle.

(Amendment 11)

Article 5(3a) (new)

>Original text>

>Text following EP vote>

3a. When a Member State deems 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 in Annex I but necessary to protect human health, it shall inform the Commission of those standards.

(Amendment 12)

Article 6(2)

>Original text>

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.

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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 for public consumption. Member States shall 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 five years with a plan to replace the lead piping in these homes.

(Amendment 13)

Article 7(1)

>Original text>

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 applied is verified.

>Text following EP vote>

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 applied is verified and that there is no new contamination from disinfection degradation products.

(Amendment 14)

Article 7(3)

>Original text>

3. The sampling points shall be determined by the competent authorities and shall meet the relevant requirements set out in Annex II.

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3.

The sampling points shall be determined by the competent authorities, without prejudice to Article 6(1)(a), and shall meet the relevant requirements set out in Annex II.

(Amendment 15)

Article 8(2)

>Original text>

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.

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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.

(Amendment 16)

Article 9(1)

>Original text>

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 provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Derogations shall be limited to as short a time as possible and shall not exceed three years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. Where a Member State intends to grant a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. No such second derogation shall exceed three years.

>Text following EP vote>

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 provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Derogations shall be limited to as short a time as possible and shall not exceed two years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. A Member State may ask the Commission for a second derogation for a period not exceeding two years. The Commission shall, on the basis of the review, along with the grounds for its decision on the first derogation, take a decision on any such request within three months.

(Amendment 19)

Article 10

>Original text>

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.

>Text following EP vote>

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,

whereby the interpretative documents and technical specifications pursuant to Articles 3(1) and 4(1) of 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 shall respect the requirements of this Directive.

(Amendment 21)

Article 12

>Original text>

1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by a Commission representative.

>Text following EP vote>

1.

The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

>Original text>

2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in 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 Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

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2.

The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Original text>

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:

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3. The opinion shall be recorded in the minutes: in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

>Original text>

(a) the Commission shall defer application of the measures which it has adopted for a period of three months from the date of communication;

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>Original text>

(b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in point (a).

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>Original text>

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4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Original text>

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5. The committee shall meet in public. It shall publish agendas two weeks in advance of its meetings. It shall publish minutes of its meetings. It shall establish a public register of

declarations of interest by its members.

(Amendment 22)

Article 15(1)

>Original text>

1. A Member State may, in exceptional circumstances and for geographically defined areas, submit a special request to the Commission 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 review shall be carried out and forwarded to the Commission which may, on the basis of that review, permit a second additional period of up to three years. This provision shall not apply to water intended for human consumption offered for sale in bottles or containers.

>Text following EP vote>

1.

A Member State may, in exceptional circumstances and for geographically defined areas, submit a special request to the Commission for a period longer than that provided for in this Directive for complying with the individual parametric values set in Annex I, Part B. The additional period shall not exceed two years. This provision shall not apply to water intended for human consumption offered for sale in bottles or containers.

(Amendment 23)

Annex I(B), title

>Original text>

CHEMICAL PARAMETERS

>Text following EP vote>

PHYSICAL AND CHEMICAL PARAMETERS

(Amendment 31)

Annex I(B) entry 10

>TABLE>

>Original text>

>Text following EP vote>

Note -1: Provided that the European Parliament has been notified and consulted, parametric values and the classification of parameters may be changed in the light of forthcoming new scientific data.

This parameter to be moved from Part B to Part C

(Amendment 24)

Annex I(B), entry 25

>TABLE>

(Amendment 25)

Annex I(B), entry 26a (new)

>TABLE>

(Amendment 26)

Annex I(B), new line at end

>Original text>

Parameter

Parametric

value

>Text following EP vote>

Unit

>Original text>

Radioactivity:

total á activity

total â activity

(except 40 K and tritium

tritium

total dose constraint

0,1

1

100

(to fall to 20 in the 7 years following adoption of the directive

0,05

>Text following EP vote>

becquerel/l

becquerel/l

becquerel/l

mSv/year

(Amendment 27)

Annex I(B), note 3

>Original text>

The value applies to a sample of water intended for human consumption obtained by an adequate sampling method 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 harmonized fashion to be drawn up in accordance with Article 7(4). Member States must take account of the occurrence of peak levels that may cause adverse effects on human health.

>Text following EP vote>

The value applies to a sample of water intended for human consumption obtained by an adequate sampling method at the tap and taken so as to be representative of a weekly average value ingested by consumers. The sampling and monitoring methods must be applied in a harmonized fashion to be drawn up in accordance with Article 7(4). Member States must take account of the occurrence of peak levels that may cause adverse effects on human health.

(Amendment 28)

Annex I(B), note 4, 1st paragraph

>Original text>

For water referred to in Article 6(1)(a), (b) and (d), the value must be met, at the latest, fifteen 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 fifteen years after its entry into force is 25 ìg/l.

>Text following EP vote>

For water referred to in Article 6(1)(a), (b) and (d), the value must be met, at the latest,

ten 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 ten years after its entry into force is 25 ìg/l.

(Amendment 29)

Annex I(B), note 10, 6th paragraph (new)

>Original text>

>Text following EP vote>

Member States must produce a report and forward it to the Commission, in accordance with Article 13(3), on areas with high THM values and come forward within five years with a plan to reduce THMs to 80 ìg/l.

(Amendment 30)

Annex I(B), note 10a (new)

>Original text>

>Text following EP vote>

Note 10a: The Commission shall carry out a study on which to base a proposal on the basis of Article 189b.