P8_TA(2018)0397

Quality of water intended for human consumption ***I

Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (COM(2017)0753 — C8-0019/2018 — 2017/0332(COD)) (1)

(Ordinary legislative procedure — recast)

(2020/C 345/32)

Amendments 161, 187, 206 and 213

Proposal for a directive

Recital 2

Text proposed by the Commission Amendment (2) Directive 98/83/EC set the legal framework 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. This Directive should pursue the same objective. To that end, it is necessary to lay down at Union level the minimum requirements with which water intended for that purpose must comply. Member States should take the necessary measures to ensure that water intended for human consumption is free from any micro-organisms and parasites and from substances which, in certain cases, constitute a potential danger to human health, and that it meets those minimum requirements. (2) Directive 98/83/EC set the legal framework 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. This Directive should pursue the same objective and should provide universal access to such water for all in the Union . To that end, it is necessary to lay down at Union level the minimum requirements with which water intended for that purpose must comply. Member States should take all necessary measures to ensure that water intended for human consumption is free from any micro-organisms and parasites and from substances which, in certain cases, constitute a potential danger to human health, and that it meets those minimum requirements.

Amendment 2

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission Amendment (2a) In line with the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 2 December 2015 entitled ‘Closing the loop — An EU action plan for the Circular Economy’, this Directive should strive to encourage water resource efficiency and sustainability, thereby meeting circular economy goals.

Amendment 3

Proposal for a directive

Recital 2 b (new)

Text proposed by the Commission Amendment (2b) The Human Right to Water and Sanitation (HRWS) was recognised as a human right by the United Nations (UN) General Assembly on 28 July 2010 and thus, access to clean, potable water should not be restricted due to unaffordability by the end user.

Amendment 4

Proposal for a directive

Recital 2 c (new)

Text proposed by the Commission Amendment (2c) Coherence between Directive 2000/60/EC of the European Parliament and of the Council (1a) and this Directive is necessary.

Amendment 5

Proposal for a directive

Recital 2 d (new)

Text proposed by the Commission Amendment (2d) The requirements set out in this Directive should reflect the national situation and conditions of the water suppliers in the Member States.

Amendment 6

Proposal for a directive

Recital 3

Text proposed by the Commission Amendment (3) It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council (68) and Directive 2001/83/EC of the European Parliament and of the Council (69). However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. In the case of water intended for human consumption put into bottles or containers intended for sale or used in the manufacture, preparation or treatment of food, the water should comply with the provisions of this Directive until the point of compliance (i.e. the tap) , and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (70). (3) It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council (68) and Directive 2001/83/EC of the European Parliament and of the Council (69). However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. However, that obligation should not extend to the microbiological parameters set out in Part A of Annex I to this Directive. In the case of water intended for human consumption from public water supply or private wells put into bottles or containers intended for sale or used in the commercial manufacture, preparation or treatment of food, the water should , as a matter of principle, continue to comply with the provisions of this Directive until the point of compliance, and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (70). Where applicable food safety requirements are met, competent authorities in the Member States should have the power to authorise the reuse of water in food processing industries.

Amendment 7

Proposal for a directive

Recital 4

Text proposed by the Commission Amendment (4) Following the conclusion of the European citizens' initiative on the right to water (Right2Water) (71) , a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed (72) . It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited reliance on a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption. In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, especially marginalised groups, has no access to water intended for human consumption, which is also a commitment under Sustainable Development Goal 6 of UN Agenda 2030. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European Court of Auditors' Special Report on water infrastructure (73) . (4) Following the conclusion of the European citizens' initiative on the right to water (Right2Water) (71) which called on the Union to increase its efforts to achieve universal access to water , a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed (72). It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited reliance on a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption and the implications this has for human health . In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, among vulnerable and marginalised groups, has limited or no access to affordable water intended for human consumption, which is also a commitment made under Sustainable Development Goal 6 of UN Agenda 2030. In this context, the European Parliament recognised a right of access to water intended for human consumption for all in the Union. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European Court of Auditors' Special Report on water infrastructure (73) , and by what is sometimes insufficient knowledge of water systems.

Amendment 8

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission Amendment (4a) In order to fulfil the ambitious goals set up under the United Nations' Sustainable Development Goal No 6, Member States should be obliged to implement action plans to ensure universal and equitable access to safe and affordable drinking water for all by 2030.

Amendment 9

Proposal for a directive

Recital 4 b (new)

Text proposed by the Commission Amendment (4b) The European Parliament adopted resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water.

Amendment 11

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission Amendment (5a) Water intended for human consumption plays a fundamental role in the Union's ongoing efforts to strengthen the protection of human health and the environment against endocrine-disrupting chemicals. The regulation of endocrine-disrupting compounds in this Directive constitutes a promising step in line with the updated Union strategy on endocrine disruptors, which the Commission is obliged to deliver without any further delay.

Amendment 13

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission Amendment (6a) Where scientific knowledge is not sufficient to determine the human health risk, or absence thereof, of a substance present in water intended for human consumption, or the permissible value for the presence of that substance, it should be placed on a watchlist, on the basis of the precautionary principle, until there are clearer scientific data. Accordingly, Member States should monitor such emerging parameters separately.

Amendment 14

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission Amendment (6b) Indicator parameters have no direct public-health impact. However, they are important as a means of determining how water production and distribution facilities are functioning and of evaluating water quality. They can help to identify water treatment deficiencies and they also play an important role in increasing and maintaining consumer confidence in water quality. Therefore, they should be monitored by Member States.

Amendment 15

Proposal for a directive

Recital 7

Text proposed by the Commission Amendment (7) Where necessary to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I . (7) Where necessary for full implementation of the precautionary principle and to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I .

Amendment 16

Proposal for a directive

Recital 8

Text proposed by the Commission Amendment (8) Preventive safety planning and risk-based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO’s Guidelines for Drinking Water Quality (76). Those Guidelines, laying down the so-called ‘Water Safety Plan’ approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost-effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should consist of three components: first, an assessment by the Member State of the hazards associated with the abstraction area (‘hazard assessment’), in line with the WHO’s Guidelines and Water Safety Plan Manual (77); second, a possibility for the water supplier to adapt monitoring to the main risks (‘supply risk assessment’); and third, an assessment by the Member State of the possible risks stemming from the domestic distribution systems (e.g. Legionella or lead) (‘domestic distribution risk assessment’). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities and water suppliers. (8) Preventive safety planning and risk-based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO’s Guidelines for Drinking Water Quality (76). Those Guidelines, laying down the so-called ‘Water Safety Plan’ approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost-effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should be based on the knowledge gained and actions carried out under Directive 2000/60/EC and should take into account more effectively the impact of climate change on water resources. A risk-based approach should consist of three components: first, an assessment by the Member State of the hazard associated with the abstraction area (‘hazard assessment’), in line with the WHO’s Guidelines and Water Safety Plan Manual (77); second, a possibility for the water supplier to adapt monitoring to the main risks (‘supply risk assessment’); and third, an assessment by the Member State of the possible risks stemming from domestic distribution systems (e.g. Legionella or lead) , with special focus on priority premises (‘domestic distribution risk assessment’). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities, water suppliers and other stakeholders, including those responsible for the pollution source or the risk of pollution. As an exception, the implementation of the risk-based approach should be adapted to the specific constraints of maritime vessels that desalinate water and carry passengers. European flag maritime vessels comply with the international regulatory framework when sailing in international waters. Furthermore, there are particular constraints for the transport and production of water intended for human consumption on board which means that the provisions of this Directive should be adapted accordingly.

Amendment 17

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission Amendment (8a) Ineffective use of water resources, in particular leakage in the water supply infrastructure, leads to over exploitation of scarce resources of water intended for human consumption. This severely hinders the Member States in reaching the objectives set under Directive 2000/60/EC.

Amendment 18

Proposal for a directive

Recital 9

Text proposed by the Commission Amendment (9) The hazard assessment should be geared towards reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazards identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council (78)), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). Those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source, in cooperation with water suppliers and stakeholders . (9) The hazard assessment should take a holistic approach to risk assessment, founded on the explicit aim of reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of , or a risk of pollution of, water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazard and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazard identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council (78)), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). In accordance with Directive 2000/60/EC, those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source or risk , in cooperation with all stakeholders, including those responsible for pollutant or potential pollutant sources. Where a Member State finds, via the hazard assessment, that a parameter is not present in a given abstraction area, for instance because that substance never occurs in groundwaters or surface waters, the Member State should inform the relevant water suppliers and should be able to allow them to decrease the monitoring frequency for that parameter, or remove that parameter from the list of parameters to be monitored, without carrying out a supply risk assessment .

Amendment 19

Proposal for a directive

Recital 11

Text proposed by the Commission Amendment (11) The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens. It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs, a domestic distribution risk assessment is therefore more suited to address this issue. In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials , and verifying the performance of construction products in contact with water intended for human consumption on the basis of their declaration of performance in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (79) . The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (80) is also to be supplied together with the declaration of performance. On the basis of this assessment, Member States should take all necessary measures to ensure, inter alia, that appropriate control and management measures (e.g. in case of outbreaks) are in place, in line with the guidance of the WHO (81) , and that the migration from construction products does not endanger human health. However, without prejudice to Regulation (EU) No 305/2011, where these measures would imply limits to the free movement of products and materials in the Union, these limits need to be duly justified and strictly proportionate, and not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. (11) The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens , in particular Legionella pneumophila, which accounts for most cases of Legionnaires’ disease in the Union . It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs and would contravene the principle of subsidiarity , a domestic distribution risk assessment is therefore more suited to address this issue , with a special focus on priority premises . In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials in contact with water intended for human consumption. The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (80) is also to be supplied together with the declaration of performance. On the basis of this assessment, Member States should take all necessary measures to ensure, inter alia, that appropriate control and management measures (e.g. in case of outbreaks) are in place, in line with the guidance of the WHO (81), and that the migration from substances and materials in contact with water intended for human consumption does not endanger human health.

Amendment 20

Proposal for a directive

Recital 12

Text proposed by the Commission Amendment (12) The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption. National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. The removal of technical barriers may only be effectively achieved by establishing harmonised technical specifications for construction products in contact with water intended for human consumption under Regulation (EU) No 305/2011. That Regulation allows for the development of European standards harmonising the assessment methods for construction products in contact with water intended for human consumption and for threshold levels and classes to be set in relation to the performance level of an essential characteristic. To that end, a standardisation request specifically requiring standardisation work on hygiene and safety for products and materials in contact with water intended for human consumption under Regulation (EU) No 305/2011 has been included in the 2017 standardisation Work Programme (82) , and a standard is to be issued by 2018. The publication of this harmonised standard in the Official Journal of the European Union will ensure a rational decision-making for placing or making available on the market safe construction products in contact with water intended for human consumption. As a consequence, the provisions on equipment and material in contact with water intended for human consumption should be deleted, partly replaced by provisions related to the domestic distribution risk assessment and complemented by relevant harmonised standards under Regulation (EU) No 305/2011 . (12) The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption or providing sufficient protection with regard to human health . National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. That situation stems from the fact that there are no minimum European hygiene standards for all products and materials in contact with water intended for human consumption , which is essential for fully ensuring mutual recognition between Member States. The removal of technical barriers and conformity of all products and materials in contact with water intended for human consumption at Union level can, therefore, only be effectively achieved by establishing minimum quality requirements at Union level. As a consequence, those provisions should be strengthened by means of a procedure for harmonisation of such products and materials. That work should draw on the experience gained and advances made by a number of Member States that have been working together for some years, in a concerted effort, to bring about regulatory convergence.

Amendment 21

Proposal for a directive

Recital 13

Text proposed by the Commission Amendment (13) Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive. Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers. A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual. (13) Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive. Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers but, where necessary, Member States should clarify with which competent authorities the obligations stemming from the transposition of this Directive lie . A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual.

Amendment 188

Proposal for a directive

Recital 14

Text proposed by the Commission Amendment (14) The risk-based approach should gradually be applied by all water suppliers, including small water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations. When applying the risk-based approach, security concerns should be taken into account. (14) The risk-based approach should be applied by all water suppliers, including very small , small and medium-sized water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations , while allowing for the possibility for derogations for very small suppliers . When applying the risk-based approach, security concerns and concerns relating to the ‘polluter pays’ principle should be taken into account. For smaller suppliers, the competent authority should support the monitoring operations by providing expert support.

Amendment 24

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission Amendment (14a) In order to deliver the strongest protection for public health, Member States should ensure a clear and balanced distribution of responsibilities for the application of the risk-based approach in line with their national institutional and legal framework.

Amendment 25

Proposal for a directive

Recital 15

Text proposed by the Commission Amendment (15) In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted. In addition, it is important to clarify that failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by Member States as a potential danger to human health. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source. (15) In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted, and citizens who could be affected should be duly informed . In addition, in the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters , Member States should determine whether exceeding the values constitutes a potential risk to human health. To that end, Member States should take account of, in particular, the extent to which minimum requirements have not been met and the type of parameter concerned. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source.

Amendment 26

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission Amendment (15a) It is important to prevent contaminated water causing a potential danger to human health. Therefore, the supply of such water should be prohibited or its use restricted.

Amendment 27

Proposal for a directive

Recital 16

Text proposed by the Commission Amendment (16) Member States should no longer be authorised to grant derogations from this Directive. Derogations were initially used to allow Member States up to nine years to resolve a non-compliance with a parametric value. This procedure proved to be burdensome for Member States and Commission alike . In addition , in some cases, it led to delays in remedial actions being taken, as the possibility for derogation was considered as a transitional period. The provision on derogations should therefore be deleted. For reasons of protection of human health , when parametric values are exceeded, the provisions related to remedial actions should apply immediately without the possibility of granting a derogation from the parametric value . Derogations granted by Member States pursuant to Article 9 of Directive 98/83/EC and still applicable at the date of entry into force of this Directive should , however, continue to apply until the end of the derogation but should not be renewed . (16) Member States should be authorised to grant derogations from this Directive. Derogations were initially used to allow Member States up to nine years to resolve a non-compliance with a parametric value. This procedure has proved to be useful for Member States , given the level of ambition of the Directive . It should be noted, however, that , in some cases, it has led to delays in remedial actions being taken, as the possibility for derogation was sometimes considered to be a transitional period. In the light of the fact, firstly, that the quality parameters in this Directive are to be strengthened and, secondly, that emerging pollutants are being increasingly detected, requiring stepped-up evaluation, monitoring and management actions, it remains, nonetheless, necessary to maintain a derogation procedure that is in keeping with those circumstances, provided that they do not constitute a potential risk 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. The provision in Directive 98/83/EC on derogations should therefore be amended so as to ensure faster and more effective compliance by Member States with the requirements of this Directive . Derogations granted by Member States pursuant to Article 9 of Directive 98/83/EC and still applicable at the date of entry into force of this Directive should continue to apply in accordance with the arrangements laid down by the provisions in force when the derogation was granted.

Amendment 28

Proposal for a directive

Recital 17

Text proposed by the Commission Amendment (17) The Commission, in its reply to the European citizens’ initiative ‘Right2Water’ in 2014 (83) , invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to ‘improve access to safe drinking water […] for the whole population through environmental policies’ (84) . This is in line with UN Sustainable Development Goal 6 and the associated target to ‘achieve universal and equitable access to safe and affordable drinking water for all’. The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons, lack of infrastructure or the specific situation of certain parts of the populations), quality, acceptability, or financial affordability. Concerning affordability of water, it is important to recall that, when setting water tariffs in accordance with the principle of recovery of costs set out in Directive 2000/60/EC , Member States may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio-economic disadvantage. This Directive deals, in particular, with the aspects of access to water which are related to quality and availability. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights (85) that states that ‘everyone has the right to access essential services of good quality, including water’, Member States should be required to tackle the issue of access to water at national level whilst enjoying some discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance with freely accessible fountains in cities, and promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants. (17) The Commission, in its reply to the European citizens’ initiative ‘Right2Water’ in 2014 (83), invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to ‘improve access to safe drinking water […] for the whole population through environmental policies’ (84). This is in line with Articles 1 and 2 of the Charter of Fundamental Rights of the European Union. This is also in line with UN Sustainable Development Goal 6 and the associated target to ‘achieve universal and equitable access to safe and affordable drinking water for all’. The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons, lack of infrastructure or the specific situation of certain parts of the populations), quality, acceptability, or financial affordability. Concerning affordability of water, it is important to recall that, without prejudice to Article 9(4) of Directive 2000/60/EC, when setting water tariffs in accordance with the principle of recovery of costs set out in that Directive, Member States may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio-economic disadvantage. This Directive deals, in particular, with the aspects of access to water which are related to quality and availability. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights (85) that states that ‘everyone has the right to access essential services of good quality, including water’, Member States should be required to tackle the issue of affordable access to water at national level whilst enjoying a certain margin of discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance by not unjustifiably making water quality requirements more stringent on public-health grounds, which would increase the price of water for citizens, with freely accessible fountains in cities, and promoting its use by encouraging the free provision of water intended for human consumption in public buildings, restaurants, shopping and recreational centres, as well as areas of transit and large footfall such as train stations or airports . Member States should be free to determine the right mix of such instruments with regard to their specific national circumstances.

Amendment 29

Proposal for a directive

Recital 18

Text proposed by the Commission Amendment (18) The European Parliament, in its Resolution on the ‘follow-up to the European citizens’ initiative Right2Water’ (86) , ‘requested that Member States should pay special attention to the needs of vulnerable groups in society’ (87) . The specific situation of minority cultures, such as Roma, Sinti, Travellers, Kalé, Gens du voyage etc. , whether sedentary or not — in particular their lack of access to drinking water — was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies (88) and the Council Recommendation on effective Roma integration measures in the Member States (89) . In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Without prejudice to the right of the Member States to define those groups, they should at least include refugees, nomadic communities, homeless people and minority cultures such as Roma, Sinti, Travellers, Kalé, Gens du voyage, etc., whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via tankers (trucks and cisterns) and ensuring the necessary infrastructure for camps. (18) The European Parliament, in its Resolution on the ‘follow-up to the European citizens’ initiative Right2Water’ (86), ‘requested that Member States should pay special attention to the needs of vulnerable groups in society’ (87). The specific situation of minority cultures, such as Roma and Travellers, whether sedentary or not — in particular their lack of access to drinking water — was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies (88) and the Council Recommendation on effective Roma integration measures in the Member States (89). In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Taking into account the principle of recovery of costs set out in Directive 2000/60/EC, Member States should improve access to water for vulnerable and marginalised groups without jeopardising the supply of universally affordable high-quality water. Without prejudice to the right of the Member States to define those groups, they should at least include refugees, nomadic communities, homeless people and minority cultures such as Roma and Travellers, whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via tankers (trucks and cisterns) and ensuring the necessary infrastructure for camps. Where local public authorities are made responsible for meeting those obligations, Member States should ensure that they have sufficient financial resources and technical and material capacities and should support them accordingly, by providing expert support for example. In particular, the distribution of water for vulnerable and marginalised groups should not be disproportionately costly for local public authorities.

Amendment 30

Proposal for a directive

Recital 19

Text proposed by the Commission Amendment (19) The 7th Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (90), requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information is easily accessible, for instance on a website whose link should be actively distributed . The up-to-date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as information on indicators (iron, hardness, minerals, etc.), which often influence consumers' perception of tap water . To that end, the indicator parameters of Directive 98/83/EC that did not provide health-related information should be replaced by on-line information on those parameters. For very large water suppliers, additional information on, inter alia, energy efficiency, management, governance, cost structure, and treatment applied, should also be available on-line. It is assumed that better consumer knowledge and improved transparency will contribute to increasing citizens' confidence in the water supplied to them. This in turn is expected to lead to increased use of tap water, thereby contributing to reduced plastic litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole. (19) The 7th Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (90), requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information that is comprehensible and relevant to consumers and easily accessible, for instance in a booklet, a website or a smart application. The up-to-date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as the outcome of actions taken to monitor water suppliers as regards water quality parameters and information on indicator parameters listed in Part Ba of Annex I . For very large water suppliers, additional information on, inter alia, management, tariff structure and treatment applied, should also be available on-line. The purpose of better consumer knowledge of relevant information and improved transparency should be to increase citizens' confidence in the water supplied to them , as well as in water services , and should lead to an increased use of tap water as drinking water, which could contribute to reduced plastic usage and litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole.

Amendment 31

Proposal for a directive

Recital 20

Text proposed by the Commission Amendment (20) For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information (for instance on their invoice or by smart applications) on the volume consumed, the cost structure of the tariff charged by the water supplier, including variable and fixed costs , as well as on the price per litre of water intended for human consumption, thereby allowing a comparison with the price of bottled water. (20) For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information in an easily accessible manner, for instance on their invoice or by smart application on the volume consumed per year, changes in consumption, a comparison with average household consumption , where such information is available to the water supplier , the structure of the tariff charged by the water supplier, including the distribution of variable and fixed parts of it , as well as on the price per litre of water intended for human consumption, thereby allowing a comparison with the price of bottled water.

Amendment 32

Proposal for a directive

Recital 21

Text proposed by the Commission Amendment (21) The principles to be considered in the setting of water tariffs, namely recovery of costs for water services and polluter pays, are set out in Directive 2000/60/EC . However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage rates — mainly due to such under-investment — have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. In line with the principle of subsidiarity, that issue should be addressed by increasing transparency and consumer information on leakage rates and energy efficiency . (21) The fundamental principles to be considered in the setting of water tariffs, without prejudice to Article 9(4) of Directive 2000/60/EC , namely recovery of costs for water services and polluter pays, are set out in that Directive. However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage levels — mainly due to such under-investment — have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. In line with the principle of subsidiarity, in order to raise awareness of this issue , the information related to it should be shared in a more transparent way with consumers .

Amendment 34

Proposal for a directive

Recital 25

Text proposed by the Commission Amendment (25) Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gathered and data collected during the implementation of the Directive, on relevant scientific, analytical, epidemiological data, and on any available WHO recommendations. (25) Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gathered and data collected during the implementation of the Directive, on any available WHO recommendations , and on relevant scientific, analytical and epidemiological data .

Amendment 35

Proposal for a directive

Recital 28

Text proposed by the Commission Amendment (28) In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom (96) and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be deleted. (28) In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive, and take measures necessary under the changes set out under Article 10a . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom (96) and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be deleted.

Amendment 36

Proposal for a directive

Article 1 — paragraph 1

Text proposed by the Commission Amendment 1. This Directive concerns the quality of water intended for human consumption. 1. This Directive concerns the quality of water intended for human consumption for all in the Union .

Amendments 163, 189, 207 and 215

Proposal for a directive

Article 1 — paragraph 2

Text proposed by the Commission Amendment 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. 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 , and to provide universal access to water intended for human consumption .

Amendment 38

Proposal for a directive

Article 2 — paragraph 1 — point 1

Text proposed by the Commission Amendment 1. ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or other domestic purposes in both public and private premises, regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or , for spring waters, put in bottles . 1. ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or for other food purposes, or other domestic purposes in both public and private premises , including food businesses , regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or put in bottles or containers .

Amendment 39

Proposal for a directive

Article 2 — paragraph 1 — point 2

Text proposed by the Commission Amendment 2. ‘domestic distribution system’ shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption in both public and private premises 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. (Does not affect the English version.)

Amendment 40

Proposal for a directive

Article 2 — paragraph 1 — point 3

Text proposed by the Commission Amendment 3. ‘water supplier’ shall mean an entity supplying at least 10 m3 of water intended for human consumption a day as an average. 3. ‘water supplier’ shall mean a legal entity supplying at least 10 m3 of water intended for human consumption a day as an average.

Amendment 41

Proposal for a directive

Article 2 — paragraph 1 — point 3 a (new)

Text proposed by the Commission Amendment 3a. ‘very small water supplier’ shall mean a water supplier supplying less than 50 m 3 per day or serving less than 250 people.

Amendment 42

Proposal for a directive

Article 2 — paragraph 1 — point 4

Text proposed by the Commission Amendment 4. ‘small water supplier’ shall mean a water supplier supplying less than 500 m3 per day or serving less than 5 000 people. 4. ‘small water supplier’ shall mean a water supplier supplying less than 500 m3 per day or serving less than 2 500 people.

Amendment 43

Proposal for a directive

Article 2 — paragraph 1 — point 4 a (new)

Text proposed by the Commission Amendment 4a. ‘medium water supplier’ shall mean a water supplier supplying at least 500 m 3 per day or serving at least 2 500 people.

Amendment 44

Proposal for a directive

Article 2 — paragraph 1 — point 5

Text proposed by the Commission Amendment 5. ‘large water supplier’ shall mean a water supplier supplying at least 500 m3 per day or serving at least 5 000 people. 5. ‘large water supplier’ shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 25 000 people.

Amendment 45

Proposal for a directive

Article 2 — paragraph 1 — point 6

Text proposed by the Commission Amendment 6. ‘very large water supplier’ shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 50 000 people. 6. ‘very large water supplier’ shall mean a water supplier supplying at least 20 000 m3 per day or serving at least 100 000 people.

Amendment 46

Proposal for a directive

Article 2 — paragraph 1 — point 7

Text proposed by the Commission Amendment 7. ‘priority premises’ shall mean large premises with many users potentially exposed to water-related risks, such as hospitals, healthcare institutions, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States. 7. ‘priority premises’ shall mean large non-household premises with many people, in particular vulnerable people, potentially exposed to water-related risks, such as hospitals, healthcare institutions, retirement homes, schools, universities and other education facilities, crèches and nurseries, sport, recreation, leisure and exhibition facilities, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States.

Amendment 47

Proposal for a directive

Article 2 — paragraph 1 — point 8 a (new)

Text proposed by the Commission Amendment 8a. ‘food business’ shall mean a food business as defined in point (2) of Article 3 of Regulation (EC) No 178/2002.

Amendment 48

Proposal for a directive

Article 3 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. For water used in food businesses for the manufacture, processing, preservation or marketing of products or substances intended for human consumption, only Articles 4, 5, 6 and 11 of this Directive shall apply. However, none of the articles of this Directive shall apply where an operator of a food business can demonstrate to the satisfaction of the competent national authorities that the quality of the water it uses does not affect the hygiene of the products or substances resulting from its activities and that such products or substances comply with Regulation (EC) No 852/2004 of the European Parliament and of the Council (1a).

Amendment 49

Proposal for a directive

Article 3 — paragraph 1 b (new)

Text proposed by the Commission Amendment 1b. A producer of water intended for human consumption that is put into bottles or containers shall not be considered a water supplier. Provisions of this Directive shall apply to water intended for human consumption put into bottles or containers insofar as they are not covered by obligations under other Union legislation.

Amendment 50

Proposal for a directive

Article 3 — paragraph 1 c (new)

Text proposed by the Commission Amendment 1c. Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Articles 1 to 7 and 9 to 12 of this Directive and its Annexes.

Amendment 51

Proposal for a directive

Article 4 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) Member States have taken all other measures necessary to comply with the requirements set out in Articles 5 to 12 of this Directive. (c) Member States have taken all other measures necessary to comply with the requirements set out: (i) in Articles 4 to 12 of this Directive for water intended for human consumption supplied to the final consumers from a distribution network or from a tanker; (ii) in Articles 4, 5 and 6 and Article 11(4) of this Directive for water intended for human consumption put into bottles or containers in a food business; (iii) in Articles 4, 5, 6 and 11 of this Directive for water intended for human consumption produced and used in a food business for the production, processing and distribution of food.

Amendment 52

Proposal for a directive

Article 4 — paragraph 2

Text proposed by the Commission Amendment 2. Member States shall ensure that the measures taken to implement this Directive in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption . 2. Member States shall ensure that the measures taken to implement this Directive adhere fully to the precautionary principle and in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption .

Amendment 53

Proposal for a directive

Article 4 — paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. Member States shall take measures to ensure that competent authorities carry out an assessment of the water leakage levels on their territory and of the potential for improvements in water leakage reduction in the drinking water sector. That assessment shall take into account relevant public health, environmental, technical and economic aspects. Member States shall adopt, by 31 December 2022, national targets to reduce the leakage levels of water suppliers in their territory by 31 December 2030. Member States may provide meaningful incentives to ensure that water suppliers in their territory meet the national targets.

Amendment 54

Proposal for a directive

Article 4 — paragraph 2 b (new)

Text proposed by the Commission Amendment 2b. If a competent authority in charge of the production and distribution of water intended for human consumption hands over the management of all or part of the water production or supply activities to a water supplier, the contract between the competent authority and the water supplier shall specify each party’s responsibilities under this Directive.

Amendment 55

Proposal for a directive

Article 5 — paragraph 1

Text proposed by the Commission Amendment 1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I , which shall not be less stringent than the values set out therein . 1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I.

Amendment 56

Proposal for a directive

Article 5 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. The values set pursuant to paragraph 1 shall not be less stringent than those set out in Parts A, B and Ba of Annex I. As regards the parameters set out in Part Ba of Annex I, the values shall be set only for monitoring purposes and for the sake of ensuring that the requirements set out in Article 12 are met.

Amendment 57

Proposal for a directive

Article 5 — paragraph 2 — subparagraph 1 a (new)

Text proposed by the Commission Amendment The Member States shall take all necessary measures to ensure that the treatment agents, the materials, and the disinfection procedures used for disinfection purposes in water supply systems do not adversely affect the quality of water intended for human consumption. Any contamination of water intended for human consumption from the use of such agents, materials and procedures shall be minimised without, however, compromising the effectiveness of the disinfection.

Amendment 58

Proposal for a directive

Article 6 — paragraph 1 — introductory part

Text proposed by the Commission Amendment The parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A and B, shall be complied with: The parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A, B and C , shall be complied with:

Amendment 59

Proposal for a directive

Article 6 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) in the case of spring waters , at the point at which the water is put into the bottles. (c) in the case of water intended for human consumption put into bottles or containers , at the point at which the water is put into the bottles or containers;

Amendment 60

Proposal for a directive

Article 6 — paragraph 1 — point c a (new)

Text proposed by the Commission Amendment (ca) in the case of water used in a food business where water is supplied by a water supplier, at the point of delivery in the food business.

Amendment 61

Proposal for a directive

Article 6 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. In the case of water covered by point (a) of paragraph 1, Member States shall be deemed to have fulfilled their obligations under this Article, where it can be established that non-compliance with the parameters provided for in Article 5 is caused by a private distribution system or the maintenance thereof, except as regards priority premises.

Amendment 62

Proposal for a directive

Article 7 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) a hazard assessment of bodies of water used for the abstraction of water intended for human consumption, in accordance with Article 8; (a) a hazard assessment of bodies of water or parts of bodies of water used for the abstraction of water intended for human consumption , carried out by Member States in accordance with Article 8;

Amendment 63

Proposal for a directive

Article 7 — paragraph 1 — point b

Text proposed by the Commission Amendment (b) a supply risk assessment carried out by the water suppliers for the purposes of monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C; (b) a supply risk assessment carried out by the water suppliers in each water supply system for the purposes of safeguarding and monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C;

Amendment 64

Proposal for a directive

Article 7 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. Member States may adapt the implementation of the risk-based approach, without compromising the objective of this Directive concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or accessibility of water supply zone.

Amendment 65

Proposal for a directive

Article 7 — paragraph 1 b (new)

Text proposed by the Commission Amendment 1b. Member States shall ensure a clear and appropriate distribution of responsibilities between stakeholders, as defined by the Member States, for the application of the risk-based approach with regard to the bodies of water used for the abstraction of water intended for human consumption and domestic distribution systems. Such distribution of responsibilities shall be tailored to their institutional and legal framework.

Amendment 66

Proposal for a directive

Article 7 — paragraph 2

Text proposed by the Commission Amendment 2. Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary. 2. Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, taking account of the requirement, provided for in Article 7 of Directive 2000/60/EC, for Member States to identify bodies of water , and updated where necessary.

Amendment 67

Proposal for a directive

Article 7 — paragraph 3

Text proposed by the Commission Amendment 3. Supply risk assessments shall be carried out by very large water suppliers and large water suppliers by [3 years after the end-date for transposition of this Directive], and by small water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary. 3. Supply risk assessments shall be carried out by water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary.

Amendment 68

Proposal for a directive

Article 7 — paragraph 3 a (new)

Text proposed by the Commission Amendment 3a. Pursuant to Articles 8 and 9 of this Directive, Member States shall take the necessary corrective measures under the programmes of measures and river basin management plans provided for in Articles 11 and 13 of Directive 2000/60/EC respectively.

Amendment 69

Proposal for a directive

Article 7 — paragraph 4

Text proposed by the Commission Amendment 4. Domestic distribution risk assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary. 4. Domestic distribution risk assessments in the premises referred to in Article 10(1) shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary.

Amendment 70

Proposal for a directive

Article 8 — title

Text proposed by the Commission Amendment Hazard assessment of bodies of water used for the abstraction of water intended for human consumption Hazard assessment , monitoring and management of bodies of water used for the abstraction of water intended for human consumption

Amendment 71

Proposal for a directive

Article 8 — paragraph 1 — introductory part

Text proposed by the Commission Amendment 1. Without prejudice to Articles 6 and 7 of Directive 2000/60/EC, Member States shall ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements: 1. Without prejudice to Directive 2000/60/EC, in particular Articles 4 to 8, Member States shall , in cooperation with their competent water authorities, ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements:

Amendment 72

Proposal for a directive

Article 8 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) identification of and geo-references for all abstraction points in the bodies of water covered by the hazard assessment; (a) identification of and geo-references for all abstraction points in the bodies or parts of bodies of water covered by the hazard assessment . Given that the data referred to in this point are potentially sensitive, in particular in the context of public health protection, the Member States shall ensure that such data are protected and communicated only to the relevant authorities;

Amendment 73

Proposal for a directive

Article 8 — paragraph 1 — point b

Text proposed by the Commission Amendment (b) mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC , and the protected areas referred to in Article 6 of that Directive; (b) mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC;

Amendment 216

Proposal for a directive

Article 8 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) identification of hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive; (c) identification of hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. Such research and identification of pollution sources shall be regularly updated to detect new substances that affect micro-plastics, notably PFAS . To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive;

Amendment 75

Proposal for a directive

Article 8 — paragraph 1 — point d — introductory part

Text proposed by the Commission Amendment (d) regular monitoring in the bodies of water covered by the hazard assessment of relevant pollutants selected from the following lists: (d) regular monitoring in the bodies or parts of bodies of water covered by the hazard assessment of pollutants that are relevant for the water supply and that are selected from the following lists:

Amendment 76

Proposal for a directive

Article 8 — paragraph 1 — point d — point iv

Text proposed by the Commission Amendment (iv) other relevant pollutants, such as microplastics, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive. (iv) parameters for monitoring purposes only in Part Ca of Annex I, or other relevant pollutants, such as microplastics, provided that a methodology to measure microplastics as specified in Article 11(5b) is in place, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive.

Amendment 77

Proposal for a directive

Article 8 — paragraph 1 — subparagraph 1 a (new)

Text proposed by the Commission Amendment Very small water suppliers may be exempted from the requirements referred to in points (a), (b) and (c) of this paragraph, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters referred to in those points. This exemption shall be reviewed by the competent authority at least every three years and updated where necessary.

Amendment 217

Proposal for a directive

Article 8 — paragraph 1 — subparagraph 3

Text proposed by the Commission Amendment For the purpose of the regular monitoring, Member States may use the monitoring carried out in accordance with other Union legislation. For the purpose of the regular monitoring, as well as for the purpose of detecting new harmful substances through new investigations, Member States may use the monitoring carried out, and the investigation capacity provided for, in accordance with other Union legislation.

Amendment 78

Proposal for a directive

Article 8 — paragraph 3

Text proposed by the Commission Amendment 3. Member States shall inform water suppliers using the body of water covered by the hazard assessment of the results of the monitoring carried out under paragraph 1(d) and may, on the basis of those monitoring results: deleted (a) require water suppliers to carry out additional monitoring or treatment of certain parameters; (b) allow water suppliers to decrease the monitoring frequency of certain parameters, without being required to carry out a supply risk assessment, provided that they are not core parameters within the meaning of Annex II, part B, point 1, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water.

Amendment 79

Proposal for a directive

Article 8 — paragraph 4

Text proposed by the Commission Amendment 4. In such cases where a water supplier is allowed to decrease the monitoring frequency as referred to in paragraph 2(b), Member States shall continue to regularly monitor those parameters in the body of water covered by the hazard assessment. deleted

Amendment 80

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — introductory part

Text proposed by the Commission Amendment On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders , or ensure that those measures are taken by the water suppliers : On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders:

Amendment 178

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point a

Text proposed by the Commission Amendment (a) prevention measures to reduce the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC; deleted

Amendment 82

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point a a (new)

Text proposed by the Commission Amendment (aa) ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take preventive measures to reduce or avoid the level of treatment required and to safeguard the water quality, including measures referred to in point (d) of Article 11(3) of Directive 2000/60/EC as well as additional measures deemed necessary on the basis of the monitoring carried out under point (d) of paragraph 1 of this Article;

Amendment 83

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point b

Text proposed by the Commission Amendment (b) mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source. (b) mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source and avoid any additional treatment, when prevention measures are considered not viable or not effective enough to address the pollution source in a timely manner;

Amendment 84

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point b a (new)

Text proposed by the Commission Amendment (ba) where measures set out in points (aa) and (b) have not been deemed sufficient to provide adequate protection for human health, require water suppliers to carry out additional monitoring of certain parameters at the point of abstraction or treatment, if strictly necessary to prevent health risks.

Amendment 85

Proposal for a directive

Article 8 — paragraph 5 a (new)

Text proposed by the Commission Amendment 5a. Member States shall inform water suppliers using the body or parts of bodies of water covered by the hazard assessment of the results of the monitoring carried out under point (d) of paragraph 1 and may, on the basis of those monitoring results, and of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC: (a) allow water suppliers to decrease the monitoring frequency of certain parameters, or the number of parameters being monitored, without requiring them to carry out a supply risk assessment, provided that the parameters concerned are not core parameters within the meaning of point 1 of Part B of Annex II, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water; (b) where a water supplier is allowed to decrease the monitoring frequency as referred to in point (a), continue to regularly monitor those parameters in the body of water covered by the hazard assessment.

Amendment 86

Proposal for a directive

Article 9 — title

Text proposed by the Commission Amendment Supply risk assessment Supply risk assessment , monitoring and management

Amendment 87

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 1

Text proposed by the Commission Amendment Member States shall ensure that water suppliers perform a supply risk assessment providing for the possibility to adjust the monitoring frequency for any parameter listed in Annex I, parts A and B that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water. Member States shall ensure that water suppliers perform a supply risk assessment in accordance with Part C of Annex II, providing for the possibility to adjust the monitoring frequency for any parameter listed in Annex I, parts A, B and Ba that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water.

Amendment 88

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 2

Text proposed by the Commission Amendment For those parameters Member States shall ensure that water suppliers can deviate from the sampling frequencies set out in Annex II, part B, in accordance with the specifications set out in Annex II, part C. For those parameters Member States shall ensure that water suppliers can deviate from the sampling frequencies set out in Annex II, part B, in accordance with the specifications set out in Part C of Annex II, and depending on their occurrence in the raw water and the treatment set-up .

Amendment 89

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 3

Text proposed by the Commission Amendment To that end, water suppliers shall be required to take into account the results of the hazard assessment carried out in accordance with Article 8 of this Directive and of the monitoring carried out pursuant to Article 7(1) and Article 8 of Directive 2000/60/EC. To that end, water suppliers shall take into account the results of the hazard assessment carried out in accordance with Article 8 of this Directive and of the monitoring carried out pursuant to Article 7(1) and Article 8 of Directive 2000/60/EC.

Amendment 90

Proposal for a directive

Article 9 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. Member States may exempt very small water suppliers from paragraph 1, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters and deems there to be no risk to human health as a result of such exemptions, and without prejudice to the authority’s obligations under Article 4. The exemption shall be reviewed by the competent authority every three years or when any new pollution hazard is detected in the catchment area, and updated where necessary.

Amendment 91

Proposal for a directive

Article 9 — paragraph 2

Text proposed by the Commission Amendment 2. Supply risk assessments shall be approved by the competent authorities . 2. Supply risk assessments shall be the responsibility of the water suppliers who shall ensure that they comply with this Directive. To this end, water suppliers may request the support of competent authorities. Member States may require competent authorities to approve or monitor water suppliers’ supply risk assessments .

Amendment 92

Proposal for a directive

Article 9 — paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. On the basis of the results of the supply risk assessment carried out pursuant to paragraph 1, Member States shall ensure that water suppliers establish a water safety plan tailored to the risks identified and proportionate to the size of the water supplier. By way of example, that water safety plan may concern the use of materials in contact with water, water treatment products, possible risks stemming from leaking pipes, or measures to adapt to present and future challenges, such as climate change, and shall be further specified by the Member States.

Amendment 93

Proposal for a directive

Article 10 — title

Text proposed by the Commission Amendment Domestic Distribution Risk Assessment Domestic distribution risk assessment , monitoring and management

Amendment 94

Proposal for a directive

Article 10 — paragraph 1 — introductory part

Text proposed by the Commission Amendment 1. Member States shall ensure that a domestic distribution risk assessment is performed, comprising the following elements: 1. Member States shall ensure that a domestic distribution risk assessment is performed in priority premises , comprising the following elements:

Amendment 95

Proposal for a directive

Article 10 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials, and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption , in particular where water is supplied to the public in priority premises ; (a) an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption;

Amendment 96

Proposal for a directive

Article 10 — paragraph 1 — point b — subparagraph 1

Text proposed by the Commission Amendment (b) regular monitoring of the parameters listed in Annex I, part C, in premises where the potential danger to human health is considered highest. Relevant parameters and premises for monitoring shall be selected on the basis of the assessment performed under point (a). (b) regular monitoring of the parameters listed in Annex I, part C, in priority premises where specific risks to water quality have been identified during the assessment performed under point (a).

Amendment 97

Proposal for a directive

Article 10 — paragraph 1 — point b — subparagraph 2

Text proposed by the Commission Amendment With regard to the regular monitoring referred to in the first subparagraph, Member States may set up a monitoring strategy focusing on priority premises ; With regard to the regular monitoring , Member States shall ensure access to installations in priority premises for the purposes of sampling and may set up a monitoring strategy, in particular as regards Legionella pneumophila ;

Amendment 98

Proposal for a directive

Article 10 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) a verification of whether the performance of construction products in contact with water intended for human consumption is adequate in relation to the essential characteristics linked to the basic requirement for construction works specified in point 3(e) of Annex I to Regulation (EU) No 305/2011 . (c) a verification of whether the performance of products and materials in contact with water intended for human consumption is adequate in relation to the protection of human health .

Amendment 99

Proposal for a directive

Article 10 — paragraph 1 — point c a (new)

Text proposed by the Commission Amendment (ca) a verification of whether the materials used are suitable for contact with water intended for human consumption and whether the requirements specified in Article 11 are met.

Amendment 100

Proposal for a directive

Article 10 — paragraph 2

Text proposed by the Commission Amendment 2. Where Member States consider, on the basis of the assessment carried out under paragraph 1(a), that there is a risk to human health stemming from the domestic distribution system or from the related products and materials, or where monitoring carried out in accordance with paragraph 1(b) demonstrates that the parametric values set out in Annex I, part C, are not met, Member States shall: 2. Where Member States consider, on the basis of the assessment carried out under paragraph 1(a), that there is a risk to human health stemming from the domestic distribution system in priority premises or from the related products and materials, or where monitoring carried out in accordance with paragraph 1(b) demonstrates that the parametric values set out in Annex I, part C, are not met, Member States shall ensure that appropriate measures are taken to eliminate or reduce the risk of non-compliance with the parametric values set out in Part C of Annex I. (a) take appropriate measures to eliminate or reduce the risk of non-compliance with the parametric values set out in Annex I, part C; (b) take all necessary measures to ensure that the migration of substances or chemicals from construction products used in the preparation or distribution of water intended for human consumption does not, either directly or indirectly, endanger human health; (c) take other measures, such as appropriate conditioning techniques, in cooperation with water suppliers, to change the nature or properties of the water before it is supplied so as to eliminate or reduce the risk of non-compliance with the parametric values after supply; (d) duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring; (e) organise training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products; (f) for Legionella, ensure that effective control and management measures in place to prevent and address possible disease outbreaks.

Amendment 101

Proposal for a directive

Article 10 — paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. With a view to reducing the risks connected to domestic distribution across all the domestic distribution systems, Member States shall: (a) encourage owners of public and private premises to carry out a domestic distribution risk assessment; (b) inform consumers and owners of public and private premises about measures to eliminate or reduce the risk of non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system; (c) duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring; (d) promote training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products and materials in contact with water; and (e) for Legionella, in particular Legionella pneumophila, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks of the disease.

Amendment 102

Proposal for a directive

Article 10 a (new)

Text proposed by the Commission Amendment Article 10a Minimum hygiene requirements for products, substances and materials in contact with water intended for human consumption 1. Member States shall take all necessary measures to ensure that substances and materials for the manufacture of all new products in contact with water intended for human consumption, placed on the market and used for abstraction, treatment or distribution, or the impurities associated with such substances: (a) do not directly or indirectly reduce the protection of human health provided for in this Directive; (b) do not affect the smell or taste of water intended for human consumption; (c) are not present in water intended for human consumption at a concentration above the level necessary to achieve the purpose for which they are used; and (d) do not promote microbial growth. 2. For the purposes of ensuring the harmonised application of paragraph 1, by … [three years after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by laying down the minimum hygiene requirements and the list of substances that are used for production of materials in contact with water intended for human consumption, and are approved in the Union, including specific migration limits and special conditions of use wherever applicable. The Commission shall regularly review and update this list in line with the latest scientific and technological developments. 3. In order to support the Commission in adopting and amending the delegated acts pursuant to paragraph 2, a standing committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers. 4. Materials in contact with water intended for human consumption, which are covered by other Union legislation, such as Regulation (EU) No 305/2011 of the European Parliament and of Council (1 bis) , shall comply with paragraphs 1 and 2 of this Article.

Amendment 103

Proposal for a directive

Article 11 — paragraph 1

Text proposed by the Commission Amendment 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 shall 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 any contamination from disinfection by-products is kept as low as possible without compromising the disinfection. 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 it meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples shall 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 any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

Amendment 104

Proposal for a directive

Article 11 — paragraph 5 a (new)

Text proposed by the Commission Amendment 5a. Member States shall communicate to the Commission the results of the monitoring carried out in accordance with the monitoring of parameters listed in Part Ca of Annex I by … [three years from the date of entry into force of this Directive], and thereafter once a year. The Commission is empowered to adopt delegated acts in accordance with Article 19 in order to amend this Directive by updating the substances included on the watch list set out in Part Ca of Annex I. The Commission may decide to add substances where there is a risk of such substances being present in water intended for human consumption and posing a potential risk to human health, but in respect of which scientific knowledge has not demonstrated a risk to human health. To that end, the Commission shall make use in particular of the scientific research of the WHO. The addition of any new substance shall be duly justified under Article 1 of this Directive.

Amendment 105

Proposal for a directive

Article 11 — paragraph 5 b (new)

Text proposed by the Commission Amendment 5b. By … [one year after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by adopting a methodology to measure the microplastics listed in the watch list set out in Part Ca of Annex I.

Amendment 106

Proposal for a directive

Article 12 — paragraph 1

Text proposed by the Commission Amendment 1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 is immediately investigated in order to identify the cause. 1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 at the point of compliance referred to in Article 6 is immediately investigated in order to iden