Amended proposal for a Council Directive on the quality of water indended for human consumption
Date: 1997-06-04
Institutions: European Commission
Subjects: drinking water, public health, water analysis, water pollution, water supply

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.06.1997 
COM(97) 228 final 

95/0010 (SYN) 

Amended Proposal for a 

COUNCIL DIRECTIVE 

on the Quality of Water Intended for 
Human Consumption 

(presented by the Commission  pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 

Pursuant  to Article  189 (a) paragraph^  of the  EC Treaty, the  Commission  submits  an  amended 
Proposal  for  a  Council  Directive  on the  quality  of  water  intended  for  human  consumption.  The 
amended  proposal  takes  account  of  a  number  of  amendments  adopted  by  the  European 
Parliament  at its December  1996 Plenary  Session. 

In general the  Commission  cannot  accept the amendments  which  are. in  its opinion,  unworkable, 
or  which  will  make  implementation  unduly  onerous.  On  the  other  hand  the  Commission  can 
accept amendments which improve the clarity of the text and which remove any possible  areas of 
ambiguity  or  doubt.  The  Commission  can  also  accept  those  amendments  which  improve  still 
further the transparency  of proposed  Directive. 

Therefore,  the  Commission  can  accept  amendments  1. 3. 4.  5.  16.  18. 20.  25.  28  to  33,  36.  38. 
40.  42,  48  to  50,  and  64  without  reservation.  These  all  improve  the  text,  either  by  including 
sensible and  logical  additional  requirements,  or by  removing  possible  areas  of  misinterpretation, 
or by improving transparency  and the level of protection  provided. 

In  addition  the  Commission  can  accept  in  principle  Amendments  6.  10.  17.  19. 26.  39.  44. 45. 
47,  58,  65,  and  77.  The  Commission  also  accepts  the  thrust  of  amendment  121  under  certain 
conditions as noted below. 

Commentary  on the above amendments  accepted  in principle  follows:-

Amendment  6 concerns the  scientific  basis  of the  Proposal.  This  serves  a useful  purpose  but  the 
exact  wording  needs  to  be  modified  to  include  the  Commission's  Scientific  Committee  to 
examine the Toxicity and Ecotoxicity  of Chemical  Compounds. 

Amendment  10  concerns  Endocrine  Disruptors.  There  is  indeed  rising  concern  about  such 
substances  but  the  text  needs  to  be  modified  to  ensure  it  encapsulates  the  full  essence  of  the 
issues. 

Amendments  17, 26  and  47  deal  with  the  proposed  exemption  for  not  meeting  the  standards  at 
the tap. The  Commission  agrees that there  is a need  to  restrict the  current  exemption  to  the  lead 
parameter and to domestic householders only. However such an important  derogation, should  not 
be  relegated  to  Note  3  of  Annex  I  Part  B,  but  should  instead  be  mentioned  in  the  body  of  the 
Articles.  Therefore,  the  Commission  cannot  agree  that  Articles  2(2)  and  7(3)  are  deleted,  but 
rather  amended  to  reflect  the  spirit  of  this  change.  With  respect  to  amendment  47.  the 
Commission  cannot  accept  the  second  part  of  the  amendment  which  obliges  Member  States  to 
report  to  the  Commission  on  the  incidence  of  lead  piping  in  households,  and  to  come  forward 
with a plan to replace it. This obligation  is inconsistent with the first  part of the  amendment. 

Amendment  19 concerns  Endocrine  Disruptors  and  other  harmful  substances.  The  Commission 
does not think  it is necessary to mention  specifically  endocrine  disruptors  since  these are  inferred 
and  already  included  in  the  term  "other  substances  harmful  to  health".  Therefore  the  wording 
needs to be  modified 

Amendment  39  concerns  the  time  limit  for  Article  18 special  circumstances.  This  could  cause 
some difficulties  in some  Member  States, and the  Commission  would  prefer  a commitment  for  a 
review after two years and the opportunity  for a possible extension  of two years. 

Amendment  44  refers  to  new  scientific  evidence  and  the  Commission  agrees  that  new  scientific 
evidence  must  be  assessed  to  ensure  that  our  standards  are  fully  in  compliance  with  current 
scientific  thinking.  However  in  view  of the  1997 World  Health  Organisation  (WHO)  review  of 
their  Guideline  Values  this  note  should  refer  to  all  the  following  parameters:-  Trichlorethene: 

Nickel;  Nitrate  and  Nitrite;  Polycyclic  Aromatic  Hydrocarbons  (PAHs):  and  Trihalomethanes 
(THMs) in respect of  Chloroform. 

Amendment  45  refers  to  note  2  in  Annex  I,  Part  B  on  the  Trihalomethane  (THM)  parameter. 
This  is  acceptable  providing  the  interim  standard  is  adjusted  to  150  micrograms  per  litre  (f.ig/1) 
after  5 years, in accordance with the comments on amendment  121 below. 

Amendment  58  calls  for  monitoring  of  the  lead  parameter  to  be  harmonised,  and  this  seems  a 
sensible  proposition.  Tlie  exact  wording  of  this  amendment  needs  to  be  adjusted  to  ensure 
consistency  with other provisions  of the Proposal. 

Amendment  65  refers  to  protection  measures  for  surface  and  groundwater  resources.  Tlie 
Commission  can  accept  this  in  principle  since  the  context  is  fully  consistent  with  what  the 
Commission  has  included  in the proposed  Framework  Directive. 

Amendment  77  concerns  disinfection,  and  the  obligation  to  ensure  that  drinking  water  is  not 
contaminated  with  disinfection  by-products.  This  amendment  can  be accepted  in  principle  since 
it  is  consistent  with  the  need  to  find  a  balance  between  efficient  disinfection  and  the 
contamination  of drinking water from  disinfection  by-products. 

Amendment  121 introduces  a total  standard  for  four  named  Trihalomethanes  (THMs)  of  80  ug/1 
at  the  tap,  in  place  of  the  Commission's  proposal  of  two  individual  standards  at  the  treatment 
works.  Tlie  Commission  originally  expressed  an  acceptance  in  principle  for  amendment  41, but 
the  latter  fell  in  the  plenary  voting  in  favour  of  amendment  121. Therefore,  the  Commission 
accepts  the  thrust  of  amendment  121 providing  that  the  parametric  value  for  all  four  THMs  is 
changed  to  100 micrograms  per litre (ug/1) - instead  of 80 ug/1 - to be met after  10 years, with an 
interim  standard  of  150 micrograms  per litre  (u.g/1) after  5 years. This  would  bring  measurement 
of the THM parameter into line with many Member State current practices. 

Tlie  Commission  can accept  Amendment  7 in part.  Tlie  Commission  can  accept  the  first  part  of 
this  amendment  in  full,  as  it  is  right  that  the  measures  taken  should  be  co-ordinated  with  the 
Pesticides  marketing  Directive.  However the  second  parfrof  the  amendment  referring  to  the  ECJ 
mling cannot  be accepted  since it is not necessary  or warranted. 

Tlie Commission  cannot  accept the remaining  amendments, namely  2. 8, 9.  11,  12.  14,  15, 21 to 
24,  27,  34,  35,  37,  43, 46,  51, 52,  53,  61, 73, 87,  91. 92.  118, and  119.  Commentary  on  these 
amendments  follows :-

Amendment  2 refers  to the  "modus vivendi"  between  Parliament.  Council, and  the  Commission. 
This  is  an  unnecessary  reference  and  adds  nothing  of  substance  to  the  Proposal.  Hence  it  is  not 
acceptable. 

Amendments  8  and  9  call  for  the  "guaranteed  protection"  of  catchments  from  Pesticides  and 
Nitrates  respectively.  Such  protection  cannot,  even  with  the  best  will  in  the  world  be 
"guaranteed", and such an amendment would  be virtually  impossible to implement  fully. 

Amendment  11 calls  for the  parametric  values  to be complied  with  in  all  cases  at  the  tap.  There 
are several  parameters  which  do not change their value  between  the treatment  works  and  the  tap. 
and  where  this  can  be  established,  it  is  fair  to  offer  Member  States  the  opportunity  to  measure 
such parameters  at the treatment works. 

Amendments  12  and  34  deal  with  the  regulation  of  materials  in  contact  with  water.  Tlie 
Commission  accepts  that  the  question  of  piping  materials  is  highly  relevant  to  the  eventual 
quality  of drinking  water at the tap, but this  is primarily  a matter  for  Directive  89/106/EEC  - the 
Construction  Products  Directive. 

Amendment  14  calls  for  the  Commission  to  update  Parliament  on  the  implementation  of  the 
Directive.  This  amendment  stems  from  the  mistaken  impression  that  the  costs  of  meeting  the 
standards, and in particular the lead standard, are to be borne by the Community.  These costs are 
to be met by  Member States and not the  Community,  and therefore  the  Commission  is unable  to 
support this  amendment. 

Amendment  15 requires  that  failures  to  meet  the  standards  "must"  be  investigated,  rather  than 
"should"  be  investigated.  This  is not  acceptable  since  there  may  be  cases  where  taking  remedial 
action  is  not  feasible,  and  the  supply  must  be  closed.  This  is  not  really  remedial  action. 
Therefore,  "should"  is  preferable. 

Amendment  21 calls  for  Member  States  inform  the  Commission  of guidelines  drawn  up  to  deal 
with  the  implications  of  an  interruption  in  the  supply  ôr  a  restriction  in  use.  This  is  not 
acceptable  since there would  be no benefit  to be gained  if the  Commission  was to  be infomied  of 
the mass of guidelines that may be produced  by Member States. 

Amendments  22  to  24  delete  the  notification  procedure  which  is  to  be  applied  when  Member 
States  choose to  introduce  more  stringent  standards,  or standards  for  additional  parameters-  Tlie 
Commission  cannot  accept  these  amendments  since  the  notification  procedure  is  intended  to 
ensure that other standards are not used in a manner which could  constitute  a barrier to trade, and 
hence prejudice the functioning  of the internal  market. 

Amendment  27  calls  for  the  Commission  to  be  informed  of  Member  States  monitoring 
programmes.  This  is  not  acceptable  since  there  would  be  no  benefit  to  be  gained  if  the 
Commission  was to be informed  about  all  the monitoring  programmes  that  may  be  produced  by 
Member States. 

Amendment  35 proposes  the deletion  of the  words  "so  far  as this  is  relevant  to the  protection  of 
human  health"  from  Article  12.  Tlie  effects  of  the  this  deletion  would  mean  that  parameters 
which  are not  relevant to human  health  could  not  be  altered  in  the  future,  as this  would  be  seen 
as  a  "deterioration".  This  could,  ironically,  lead  to  a  reduction  in  the  quality  of  the  water,  and 
therefore  it cannot be accepted. 

Amendment  37 proposes  the  deletion  of all  comitology  procedures. Tlie  Commission  took  great 
care  in  adopting  the  proposal  to  ensure  that  any  changes  to  Annex  I  -  the  parameters  and 
parametric values- must  be through the full  legislative  procedure  involving  Parliament.  However, 
in the case of Annex II (monitoring) and Annex  III (measurement  methods), any  updating  should 
be by Committee. The  Commission  considers this to  be the most efficient  way to deal  with  what 
are essentially technical  issues. There will, of course,  be a full  application  of the  Plumb  -  Delors 
procedure. 

Amendments  43 and  51  relate to  Endocrine  Disruptors.  Tlie  Commission  is  very  aware  that  this 
is  an  area  of  rising  concermjind  therefore  accepts  the  call  for  a  study  to  be  carried  out  to 
determine  the  need  for  such  a  parameter.  However,  the  Commission  believes  it  is  premature  to 
insert  a  new  parameter  for  such  substances  at  this  stage,  and  therefore  cannot  accept  these 
amendments. 

Amendment  46 calls for the lead  standard  of  10 micrograms  per litre  (mg/1). to be  met within  10 
years after  entry into force  of the Directive. Tlie Commission  cannot accept such  a timetable. Tlie 
proposed  figure  is  15 years,  and  this  is  based  on  what  the  Commission  believes  to  be  the  best 
balance  between  the  protection  of  human  health,  and  the  economic  consequences  of  achieving 
such a standard. 

Amendment  52 calls  for  copper to be included  in Annex  I Part  C i.e.:  as  an  indicator  parameter. 
Tlie  Commission's  Scientific  Committee  has  recommended  that  a  parametric  value  of  2  mg/1 

should  be  set  in  order  to  provide  freedom  from  acute  gastrointestinal  disturbances,  and 
furthermore  the WHO will  be reviewing their guideline  value for copper in  1997. In view of this, 
it is considered  that it would  be premature  to move the parameter to Annex  1  part C or change  or 
delete the parametric value. 

Amendment  53  calls  for  the  parameters  Tetrachlorethene  and  Trichlorethene  to  be  replaced  by 
one  parameter  for  5  specified  organochlorine  compounds  with  a  parametric  value  of  10 mg/1. 
Tetrachlorethene  and  Trichlorethene  were  chosen  by  the  Commission  as  appropriate  parameters 
for  the  presence  of chlorinated  solvents, and the  parametric  values  were fixed at  40  and  70 mg/1 
respectively,  as  advised  by  the  Commission's  Scientific  Committee  and  in  accordance  with  the 
World  Health  Organisation  (WHO)  Guidelines.  Tlie  Commission  feels  that  it  would  be 
inappropriate  to  impose  anything  other  than  the  toxicologically  based  WHO  standards  on  all 
Member  States. However the  Commission  has asked  its  scientific  Committee  for  a view  on  this 
amendment,  and  when  the  WHO  comes  up  with  its  re-evaluation  of  the  guideline  value  for 
Trichlorethene,  the  Commission  will  examine  the  results  and  may  propose  a revised  standard,  if 
appropriate  and  necessary. 

Amendments  61  and  92  introduce  radioactivity  standards  into  the  proposed  Directive.  Tlie 
Commission  cannot  accept  these  amendments,  since  radioactivity  in  drinking  water  is  already 
covered  under  the  Euratom  Treaty  and  Council  Directive  96/29/Euratom 
(Basic  Safety 
Standards  for  the  health  protection  for  the  protection  of  the  health  of  workers  and  the  general 
public against the dangers arising from  ionising radiation). 

Amendment  73 provides  an exemption  from  the Directive  for water  in closed  industrial  systems. 
This  amendment  cannot  be  accepted  since  closed  industrial  systems  are  already  excluded  via 
Article 2(1) (b) of the proposal. 

Amendments  87  and  91,  propose  the  addition  of  Coliforms  to  Annex  I  Part  A  and  Annex  II 
Table  Al.  Tlie  Commission  cannot  accept  these  amendments,  but  it  will  examine  the  need  for 
this and other microbiological  parameters in both these annexes. 

Amendments  118 and  119 deal the  obligation  to maintain  a supply  to domestic  consumers  at all 
times,  without  prejudice  to  the  costs  of  the  supply.  Tlie  Commission  cannot  accept  such 
amendments  because  they  impinge  on  the  subsidiarity  principle,  and  hence  the  issue  is  one  for 
Member States to deal with. 

1 

OJ  No  L  159, 29.6.96,  p 1 

Amended  Proposal  for a 

COUNCIL  DIRECTIVE 

on the Quality of Water Intended  for  Human  Consumption 

Commission  Proposal 

Amended  Proposal 

Recital 2 

Whereas  in  keeping with  the  provision  of 
Article  3(b)  of  the  Treaty,  whereby  any 
action  by  the  Community  should  not  go 
beyond  what  is  necessary  to  achieve  the 
objectives  of the Treaty,  it is necessary to 
revise 
the  provisions  of  Directive 
80/778/EEC so as to focus  on  compliance 
with 
health 
parameters,  leaving Member  States free to 
add secondary parameters if they see fit; 

essential 

quality 

and 

Whereas  in keeping  with  the  provision  of 
Article  3(b)  of  the  Treaty,  whereby  any 
action  by  the  Community  should  not  go 
beyond  what  is  necessary  to  achieve  the 
objectives  of the  Treaty,  it  is necessary  to 
revise 
the  provisions  of  Directive 
80/778/EEC  so as to focus  on  compliance 
with 
health 
parameters,  leaving Member  States free  to 
add other parameters if they see fit; 

essential 

quality 

and 

Recital  2a (new) 

in 

compliance  with 

the 
Whereas, 
subsidiarity  principle.  Community  action 
must support and supplement action by the 
the  Member 
competent  authorities 
States; 

in 

r 

Recital 

Whereas,  in accordance with the  principle 
of  subsidiarity,  the  differences  in  natural 
and socio-economic features of the regions 
in the Union require that most decisions on 
monitoring,  analysis,  and on the  measures 
to be taken to redress failures be taken at a 
local, regional or national level; 

Whereas,  in accordance with the  principle 
of  subsidiarity,  the  differences  in  natural 
and socio-economic features of the regions 
in the Union require that most decisions on 
monitoring,  analysis, and on  the  measures 
to be taken to redress failures  be taken at a 
local,  regional  or  national  level;  in  so  far 
as the  differences  do  not  detract  from  the 
establishment  of  the  framework  of  laws, 
regulations  and  administrative  provisions 
laid down by this Directive; 

Recital 4 

standards 

in  order  to  define 

Whereas  Community 
for 
essential  health-related  quality  parameters 
in water intended  for  human  consumption 
are  necessary 
the 
minimum  environmental  quality  goals  to 
be  achieved  in  connection  with  other 
Community  measures, 
to 
safeguard  the  sustainable  use  of  water 
intended for human consumption; 

in  order 

standards 

Whereas  Community 
for 
essential  and  preventive  health-related 
quality  parameters  in  water  intended  for 
human consumption are necessary in order 
to  define  the  minimum  goals  for  a  high 
level  of  environmental  protection  to  be 
in  connection  with  other 
achieved 
Community  measures, 
to 
safeguard  and promote the sustainable  use 
of water intended for human consumption; 

in  order 

Recital 4a (new) 

Whereas  the  standards  in  Annex  I  are 
generally  based  on  the  World  Health 
Organisation's  Guidelines  for  Drinking 
Water  Quality,  and  the  advice  of  the 
to 
Commission's  Scientific  Committee 
examine  the  toxicity  and  Ecotoxicitv  of 
Chemical Compounds. 

Recitals 6a and 6b (new) 

Whereas  to  enable  the  quality  standards 
for  drinking  water to  be  met  by the  water 
supply  undertakings,  appropriate  water 
protection  measures  should  be  applied  to 
ensure  that  surface  and  groundwater  is 
kept clean; 

Whereas the coherence of European  water 
policy  presupposes  a  suitable  water 
framework  directive  will  be  adopted  in 
due course 

Recital 8 

for 

and 

Whereas  measures  are  required  to  meet 
specified  values  for  all  directly  health-
relevant  parameters 
other 
parameters  if a deterioration  in quality  has 
such 
occurred;  whereas 
measures  should  be  carefully  coordinated 
with 
implementation  of  Directive 
91/414/EEC  of  15  July  1991  concerning 
the placing of plant protection products on 
the  market 
by 
as 
Commission Directive 94/79/EC. 

furthermore 

amended 

last 

the 

for 

and 

Whereas  measures  are  required  to  meet 
specified  values  for  all  directly  health-
relevant  parameters 
other 
parameters if a deterioration  in quality has 
such 
occurred;  whereas 
measures 
the 
implementation  of  Directive  91/414/EEC 
of  15 July  1991 concerning  the placing of 
plant protection  products on the market as 
last  amended  by  Commission  Directive 
94/79/EC. 

should  not  prejudice 

furthermore 

} 

Recital  1 la  (new) 

to 

base 

Whereas  there  is  no  conclusive  evidence 
precautionary 
on  which 
parameters, yet there is increasing concern 
about  the potential  impact on  humans  and 
the  effects  of  substances 
wildlife  of 
include 
to 
harmful 
environmental 
disaipting 
chemicals; 

health,  which 
endocrine 

Article  1(2) 

2. 
The objective of the Directive is to 
protect - human  health  from  the  adverse 
effects  resulting from  the contamination of 
water intended for human consumption  by 
ensuring that it is wholesome. 

2. 
The objective of the Directive  is to 
protect  human  health  from  the  adverse 
effects  resulting from  the contamination  of 
water intended for  human  consumption  by 
ensuring that it is wholesome and clean. 

Article 2(2) 

Z 
For  the  purpose  of  this  Directive, 
"domestic  distribution  system"  shall  mean 
all pipe work and fittings  which connect a 
consumer's  tap  to  the  supply  and  which, 
according to the relevant  national  law, are 
not the responsibility of the water supplier. 

2. 
For  the  purpose  of  this  Directive, 
"domestic  distribution  system"  shall  mean 
all pipe work  and fittings  which connect a 
household  or  group  of  households  to  the 
the 
supply  and  which,  according 
relevant  national 
the 
responsibility of the water supplier. 

to 
law,  are  not 

Article 3(d) 
(d) 

(d) 

for 

intended 

without  prejudice  to  Article  5(1), 
human 
water 
consumption  from  an  individual 
source 
less 
households,  unless  the  water  is 
offered  for sale. 

15  or 

serving 

for 

intended 

without  prejudice  to  Article  5(1), 
water 
human 
consumption  from  an  individual 
fewer 
serving  15  or 
supply 
households,  unless  the  water  is 
offered  for sale. 

S> 

Article 4(1) (b) 

(b) 

free  of  pathogenic  micro 
in 
a 

is 
organisms 
and 
numbers  which 
potential danger to human health. 

parasites 
constitute 

(b) 

is 
free  of  pathogenic  micro 
organisms  and  parasitesa  or  other 
in 
substances  harmful  to  health, 
numbers  or  concentrations  which 
constitute  a  potential  danger  to 
human health. 

Article 4(2) 

2. 
Member  States  shall  take  all other 
measures  necessary  to  ensure  that  water 
intended  for  human  consumption  meets 
the objective set out in Article 1. 

2. 
Member  States  shall  take all  other 
measures  necessary, to  ensure  that  water 
intended  for  human  consumption  meets 
the objective set out in Article  1. This shall 
include  catchment  protection  measures 
that take full  account  of the  precautionary 
principle and the polluter pavs principle. 

Article 7(2) 

2. 
For  water  intended  for  human 
consumption  supplied  from  a  distribution 
network,  the  parametric  values  shall  be 
complied  with  as  it emerges  from  at  least 
one tap in the consumer's premises. 

2. 
For  water  intended  for  human 
consumption  supplied  from  a  distribution 
network,  the  parametric  values  shall  be 
complied  with  as it emerges from  all  cold 
water  taps,  which  are  representative  for 
human consumption. 

Article 7(3) 

3. 
Member States are deemed to have 
fulfilled  their obligations under this Article 
and under Articles 4 and 9(2) where it can 
be  established  that  non-compliance  with 
the  parametric  values  set  in  accordance 
with Article  6(1),  (2) and (3) is due to the 
domestic distribution system. 

3. 
Member States are deemed to have 
fulfilled  their obligations under this Article 
and under Articles 4 and 9(2) where it can 
be  established  that  non-compliance  with 
the  parametric  value  for 
lead  set  in 
accordance with Article 6(1), (2) and (3) is 
due to the domestic distribution system. 

Article 8(1) 

Member  States  shall 

1. 
take  all 
to  ensure  regular, 
measures  necessary 
representative monitoring  of the quality of 
water intended  for  human  consumption, in 
order to check whether the water available 
to  consumers  meets  the  requirements  of 
this Directive.  In addition,  Member  States 
shall take all measures necessary  to ensure 
that,  where  disinfection  forms  part  of  the 
preparation  of  water  intended  for  human 
consumption, 
the 
disinfection treatment applied is verified. 

the  efficiency 

of 

Member  States  shall 

I. 
take  all 
to  ensure  regular, 
measures  necessary 
representative monitoring of the quality of 
water intended for  human  consumption, in 
order to check whether the water  available 
to  consumers  meets  the  requirements  of 
this  Directive.  In  addition,  Member  States 
shall take all measures necessary  to ensure 
that,  where  disinfection  forms  part  of  the 
preparation  of  water  intended  for  human 
consumption, 
the 
disinfection  treatment  applied  is  verified 
is  no  unnecessary 
and 
contamination 
by 
products. 

the  efficiency 

disinfection 

there 

from 

that 

of 

Article  8(3) 

The  sampling  points  shall  be 

3. 
determined by the competent authorities. 

3. 
The  sampling  points  shall  be 
determined  by  the  competent  authorities,, 
without prejudice to Article 7(2). 

Article  8(6) 

The  Commission  shall  review  at 
reference 
every 
least 
methods of analysis specified  in Annex III. 

three  years 

the 

6. 
The  Commission  shall  review  at 
regular  intervals  the  reference  methods  of 
analysis specified  in Annex III. 

Wo 

Article  9(2) 

2. 
If,  despite  the  measures  taken  to 
meet  the  obligations  under  Article  4(1), 
water  intended  for  human  consumption 
does  not  meet  the  requirements  of  Annex 
I,  Member  States  shall  ensure  that  the 
necessary  remedial  action  is  taken  as  soon 
as possible to restore its quality. 

2. 
If,  despite  the  measures  taken  to 
meet  the  obligations  under  Article  4(1), 
water  intended  for  human  consumption 
does  not  meet  the  requirements  of  Annex 
I,  Member  States  shall  ensure  that  the 
necessary  remedial  action  is  taken  as  soon 
as  possible  to  restore  its  quality,  and  that 
consumers are notified. 

Article 9(3a)  (new) 

3a.  Member States shall  prioritise their 
enforcement  action,  having  regard  to  the 
extent to which  the relevant  parameter has 
been exceeded. 

Article  10(1) 

from 

Member 

States  may  make 
1. 
provision 
the 
for  derogations 
parametric values set out in Annex  I part B 
up  to  a maximum  value  to  be  determined 
by them, provided that the derogation  does 
not  constitute  a potential  danger to  human 
health  and  provided  that  the  supply  of 
water  intended  for  human  consumption  in 
the  area  concerned  cannot  otherwise  be 
maintained  by  any  other  reasonable 
means. Derogations should not exceed  two 
years  after  which  a  review  must  be 
forwarded 
conducted 
the 
Commission 
determine  whether 
sufficient  progress  has  been  made.  The 
Commission  may,  on  the  basis  of  the 
review,  permit  a  further  derogation  up  to 
two vears. 

and 
to 

to 

from 

Member 

States  may  make 
1. 
provision 
the 
for  derogations 
parametric values set out in Annex I part B 
for  a  limited  period  of  time  and  up  to  a 
maximum  value  to  be  determined  by 
them,  provided  that the  derogation  during 
such period  does  not  constitute  a potential 
danger to  human  health  and  provided  that 
the  supply  of  water  intended  for  human 
consumption  in the  area concerned  cannot 
otherwise  be  maintained  by  any  other 
reasonable means. 

< " 1l 

Article  10(2) (d) 

(d) 

an appropriate monitoring scheme, 
with  an 
increased 
monitoring 
frequency  where necessary; 

(d) 

an appropriate monitoring scheme, 
with  an 
increased  monitoring 
frequency  where  necessary  and 
relevant,  and  earlier  monitoring 
results where avai I able; 

Article  14(1) 

At 

\0  years, 

least  every 

1. 
the 
Commission  shall  review  Annex  I  in  the 
light  of  scientific  and  technical  progress 
and shall make proposals for amendments, 
where  necessary,  under  the  procedure  in 
Article  189c of the Treaty. 

1. 
At  least  every  five  years,  the 
Commission  shall  review  Annex  I  in  the 
light  of  scientific  and  technical  progress 
and shall make proposals for  amendments, 
where  necessary,  under  the  procedure  in 
Article  189c of the Treaty. 

Article  16(4) 

4. 
The  formats  and  the  minimum 
information  for  the  reports  referred  to  in 
paragraphs  shall  be  determined  having 
special  regard  to the  measures  referred  to 
in Articles 3(d), 5, 6(3) and 9, and shall if 
necessary, be amended  in accordance with 
the procedure laid down in Article 15. 

The  formats  and  the  minimum 
4. 
information  for  the  reports  referred  to  in 
paragraph  3  shall  be  determined  having 
special  regard  to  the  measures  referred  to 
in  Articles  3(d),  5, 6(3).  8(2),  9,  10(5 and 
6}  and  18(1),  and  shall  if  necessary,  be 
amended in accordance with the procedure 
laid down in Article  15. 

4Z 

Article  18(1) 

Member  States may  in exceptional 
1. 
circumstances  and 
for  geographically 
defined population groups submit a special 
request  to  the  Commission  for  a  longer 
period  than  provided  for  in  this  Directive 
for  complying  with  individual  parametric 
values  set  in  Part  B  of  Annex  I.  This 
provision does not apply to water intended 
for  human  consumption offered  for sale in 
bottles or containers. 

Member  States may  in exceptional 
1. 
circumstances  and 
for  geographically 
defined population groups submit a special 
request  to  the  Commission  for  a  longer 
period  than  provided  for  in  this  Directive, 
for  complying  with  individual  parametric 
values set in Part B of Annex I. The period 
should  not exceed  two years  after  which  a 
review  must  be  conducted  and  forwarded 
to  the  Commission  which  may,  on  the 
basis of the review, permit a further  period 
of  up  to  two  years,  providing  the  total 
period  does  not  exceed  five  years.  This 
provision  does not apply to water intended 
for  human consumption  offered  for  sale in 
bottles or containers. 

Annex I, Part B, entry 5 

Boron 300 j.ig/1 

Boron  1.0 mg/1 (=  1000iig/l) 

Annex I, Part B, entries  7 and 9 

Bromodichloromethane 
Chloroform 

15 ug/1 
40 ug/1 
(Note 2) 

Total Trihalomethanes (THM)  100 ug/1 
2 chloroform 
- Bromoform 
- Dibromochloromethane 
2 Bromodichloromethane 

(Notes  1  and 2) 

13 

Annex  1, Part B, entry 21a (new), (after  "pesticides") 

Total pesticides 

0.5 

ug/1 (TSfote 5a) 

Annex I, Part B, Note 1 

Applies to:-

Boron 
Copper 
Nickel 
Nitrate 
Nitrite 
Polycvclic Aromatic Hydrocarbons 
Trichlorethene 
Trihalomethanes 
Chloroform) 

(in 

respect 

of 

Applies to:-

Boron 
Copper 

Note  1 : The  values  and  classification  of 

Note  1 : The  values  and  classification  of 

these 
be 
parameters  may 
amended  in  the  light  of  new 
scientific  evidence  which 
is 
expected  to  become  available 
shortly. 

these 
be 
parameters  may 
amended  in  the  light  of  new 
scientific  evidence  which 
is 
expected  to  become  available 
shortly. 

IV, 

Annex I, Part B, Note 2 

to  be 

Note 2: The  samples  for  these  parameters 
are 
taken  after  any 
chlorine contact time and  at the 
outlet  of  the  water  treatment 
the 
plant.  Where  necessary, 
for 
parametric 
bromodichloromethane  can  be 
increased  to  25  ug/1  provided 
that  the  parametric  value  for 
chloroform 
is  reduced  to  30 
f.ig/1. 

value 

into 

force 

Note 2: The  samples  for  these  parameters 
are  to  be  taken  at  the  tap  and 
must  be  met  at  the  latest  10 
calender  years  from  the date  of 
entry 
this 
Directive.  When  implementing 
the  measures  to  achieve  this 
value. Member  States shall  give 
priority  to  those  areas  where 
THM  concentrations  in  water 
intended 
human 
for; 
consumption are high-

of 

to 

reduce 

Member  States shall  ensure that 
all  appropriate  measures  are 
the 
taken 
concentration of THMs in water 
human 
for 
intended 
consumption 
as 
as  much 
the  period 
possible  during 
needed  to  achieve  compliance 
with the parametric value. 

The  parametric  value  for  total 
THMs  from  5  years  after  the 
entry into force  of this  directive 
until  10 years after it has entered 
into force  is  150 ug/1 to be met 
at the tap. 

Member  States  must  produce  a 
it  to  the 
report  and  forward 
Commission, 
accordance 
in 
with .Article 16(5). on areas with 
high  THM  values  and  come 
forward  within  5  years  with  a 
plan  to  reduce  THMs  to  100 
ug/1. 

1S 

Annex I, Part B, Note 3, paragraph  3 a (new) 

Where  water  sampled  at  a  tap  within  a 
household  does  not  comply  with 
the 
parametric  value,  and  in  accordance  with 
Articles  2(2)  and  7(3),  Member  States 
need not oblige individual  householders to 
replace or permit the replacement of those 
lead pipes or components  containing  lead, 
where  the  non-compliance  is  due  to  the 
domestic distribution system. 

Annex I, Part B, Note 3, paragraph  3b (new) 

The  sampling  and  monitoring  methods 
in  a 
shall  be  carried  out  and  defined 
harmonized  fashion. 

Annex I, Part B, Note 5(a) 

(a)  Pesticides means ; 

(a)  Pesticides means : 

- organic insecticides, 
- organic herbicides, 
- organic fungicides, 
- organic nematocides, 
- organic acaricides, 
- organic algicides, 
related 
and 
regulators]. 

products 

[growth 

- organic insecticides, 
- organic herbicides, 
- organic fungicides, 
- organic nematocides, 
- organic acaricides, 
- organic algicides, 
[growth 
related 
and 
regulators  and  metabolites  with  an 
effect  similar to pesticides!. 

products 

ic 

Annex I, Part B, Note 5a (new) 
New note to new line in table (Total pesticides) 

Note 5a:  (a) 

Pesticides means : 
- organic insecticides; 
- organic herbicides; 
- organic  fungicides; 
- organic nematocides; 
- organic acaricides; 
- organic algicides; 

related,  products 
and 
are 

and 
regulators 
["growth 
metabolites  which 
pesticides! 
pesticides 
Only 
which  are 
to  be 
present  in  a  given  supply 
need to be monitored. 

likely 

those 

(M 

Annex I, Part B, Note 5(d) 

(d)  The  Commission 

shall  examine 
whether  an  individual  value  can  be 
set  for  a  given  substance,  after  an 
evaluation  of  the  available  scientific 
information. 

Deleted. 

^ 

ISSN 0254-1475 

COM(97) 228 final 

DOCUMENTS 

EN 

14  05 

Catalogue number  : CB-CO-97-218-EN-C 

ISBN  92-78-19723-8 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

1*