COMMOM POSITION (EC) No 13/98 adopted by the Council on 19 December 1997 with a view to the adoption of Council Directive 98/.../EC of ... on the quality of water intended for human consumption
Date: 1997-12-19
Institutions: Council of the European Union
Subjects: drinking water, human nutrition, hydraulic works, water, water management, water supply

26.3.98

EN

Official  Journal  of  the  European  Communities

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I

(Information)

COUNCIL

COMMOM  POSITION  (EC)  No  13/98

adopted  by  the  Council  on  19  December  1997

with  a  view  to  the  adoption  of  Council  Directive  98/. . ./EC  of  . . .  on  the  quality  of  water
intended  for  human  consumption

(98/C  91/01)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community  and,  in  particular,  Article  103s(1)  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having  regard  to  the  opinion  of  the  Committee  of  the
Regions (3),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c (4),

gained 

implementing 

flexible  and 

experience 
that
from 
Directive  shows  that  it  is  necessary  to  create  an
appropriately 
legal
framework  for  Member  States  to  address  failures
to  meet  the  standards;  whereas,  furthermore,  that
Directive should be re-examined in the light of the
Treaty  on  European  Union  and  in  particular  the
principle  of  subsidiarity;

transparent 

(2)  Whereas  in  keeping  with  Article  3b  of  the  Treaty,
which  provides  that  no  Community  action  should
is  necessary  to  achieve  the
go  beyond  what 
objectives  of  the  Treaty,  it  is  necessary  to  revise
Directive 80/778/EEC so as to focus on compliance
with  essential  quality  and  health  parameters,
leaving  Member  States 
to  add  other
parameters  if  they  see  fit;

free 

(1)  Whereas  it  is  necessary  to  adapt  Council  Directive
80/778/EEC of 15 July 1980 relating to the quality
of  water  intended  for  human  consumption (5)  to
technological  progress;  whereas
scientific  and 

(3)  Whereas,  in  accordance  with  the  principle  of
subsidiarity,  Community  action  must  support  and
supplement  action  by  the  competent  authorities  in
the  Member  States;

(1)  OJ  C  213,  15.7.1997,  p.  8.
(2)  OJ  C  82,  19.3.1996,  .  p.  64.
(3)  OJ  C  100,  2.4.1996,  p.  134.
(4)  Opinion  of  the  European  Parliament  of  12  December  1996
(OJ  C  20,  20.1.1997,  p.  121),  Council  common  position  of
19 December 1997 and Decision of the European Parliament
of  . . .  (not  yet  published  in  the  Official  Journal).

(5)  OJ L 229, 30.8.1980, p. 11. Directive as last amended by the

1994  Act  of  Accession.

the  natural  and 

(4)  Whereas,  in  accordance  with  the  principle  of
subsidiarity, 
socio-economic
differences  between  the  regions  of  the  Union
require 
that  most  decisions  on  monitoring,
analysis,  and  the  measures  to  be  taken  to  redress
failures  be  taken  at  a  local,  regional  or  national
level  insofar  as  those  differences  do  not  detract

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26.3.98

from  the  establishment  of  the  framework  of  laws,
regulations  and  administrative  provisions 
laid
down  in  this  Directive;

concerning  the  placing  of  biocidal  products  on  the
market (2);

intended 

(5)  Whereas  Community  standards  for  essential  and
in
preventive  health-related  quality  parameters 
water 
for  human  consumption  are
necessary  if  minimum  environmental-quality  goals
to  be  achieved 
connection  with  other
Community measures are to be defined so that the
sustainable  use  of  water  intended  for  human
consumption  may  be  safeguarded  and  promoted;

in 

(6)  Whereas,  in  view  of  the  importance  of  the  quality
of  water  intended  for  human  consumption  for
human  health,  it  is  necessary  to  lay  down  at
Community  level  the  essential  quality  standards
with  which  water  intended  for  that  purpose  must
comply;

(7)  Whereas it is necessary to include water used in the
food  industry  unless  it  can  be  established  that  the
use  of 
the
wholesomeness  of  the  finished  product;

such  water  does  not  affect 

(8)  Whereas  to  enable  water-supply  undertakings  to
meet  the  quality  standards  for  drinking  water,
appropriate  water-protection  measures  should  be
applied  to  ensure  that  surface  and  groundwater  is
kept clean; whereas the same goal can be achieved
by  appropriate  water-treatment  measures  to  be
applied  before  supply;

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

(10)  Whereas  it  is  necessary  to  exclude  from  the  scope
of this Directive natural mineral waters and waters
which  are  medicinal  products,  since  special  rules
for  those  types  of  water  have  been  established;

(11)  Whereas  measures  are  required  for  all  parameters
directly relevant to health and for other parameters
if a deterioration in quality has occurred; whereas,
furthermore,  such  measures  should  be  carefully
coordinated  with  the  implementation  of  Council
Directive  91/414/EEC  of  15  July  1991  concerning
the  placing  of  plant  protection  products  on  the
market (1)  and  Directive  98/. . ./EC  of 
the
European  Parliament  and  of  the  Council  of  . . . .

for 

(12)  Whereas it is necessary to set individual parametric
values 
important
throughout the Community at a level strict enough
to  ensure  that  this  Directive’s  purpose  can  be
achieved;

substances  which  are 

available 

knowledge 

(13)  Whereas  the  parametric  values  are  based  on  the
the
scientific 
precautionary  principle  has  also  been  taken  into
account;  whereas  those  values  have  been  selected
to  ensure 
for  human
consumption can be consumed safely on a life-long
basis,  and  thus  represent  a  high  level  of  health
protection;

that  water 

intended 

and 

(14)  Whereas  a  balance  should  be  struck  to  prevent
both  microbiological  and  chemical  risks;  whereas,
to  that  end,  and  in  the  light  of  a  future  review  of
the  parametric  values, 
the  establishment  of
parametric  values  applicable  to  water  intended  for
should  be  based  on
human 
public-health  considerations  and  on  a  method  of
assessing  risk;

consumption 

to 

base 

(15)  Whereas there is at present insufficient evidence on
which 
for
endocrine-disrupting  chemicals  at  Community
level,  yet  there  is  increasing  concern  regarding  the
potential  impact  on  humans  and  wildlife  of  the
effects  of  substances  harmful  to  health;

parametric 

values 

based 

(16)  Whereas in particular the standards in Annex I are
the  World  Health
on 
generally 
Organisation’s 
for  drinking  water
‘Guidelines 
quality’,  and  the  opinion  of  the  Commission’s
Scientific  Advisory  Committee  to  examine  the
toxicity  and  ecotoxicity  of  chemical  compounds;

(17)  Whereas  Member  States  must  set  values  for  other
additional  parameters  not  included  in  Annex  I
where  that  is  necessary  to  protect  human  health
within  their  territories;

(18)  Whereas  Member  States  may  set  values  for  other
additional  parameters  not  included  in  Annex  I
where  that  is  deemed  necessary  for  the  purpose  of
ensuring the quality of the production, distribution
intended  for  human
and 
consumption;

inspection  of  water 

(1)  OJ  L  230,  19.8.1991,  p.  1.  Directive  as  last  amended  by
Commission  Directive  96/68/EC  (OJ  L  277,  30.10.1996,  p.
25).

(2)  Not  yet  published  in  the  Official  Journal.

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(19)  Whereas,  when  Member  States  deem  it  necessary
to  adopt  standards  more  stringent  than  those  set
out  in  Annex  I,  Parts  A  and  B,  or  standards  for
additional  parameters  not  included  in  Annex  I  but
necessary  to  protect  human  health,  they  must
notify  the  Commission  of  those  standards;

(28)  Whereas, should such remedial action be necessary
to restore the quality of water intended for human
consumption, in accordance with Article 130r(2) of
the  Treaty,  priority  should  be  given  to  action
which  rectifies  the  problem  at  source;

(20)  Whereas  Member  States  are  bound,  when
stringent
introducing  or  maintaining  more 
protection  measures,  to  respect  the  principles  and
rules  of  the  Treaty,  as  they  are  interpreted  by  the
Court  of  Justice;

(21)  Whereas  the  parametric  values  are  to  be  complied
with at the point where water intended for human
consumption  is  made  available  to  the  appropriate
user;

(22)  Whereas  the  quality  of  water  intended  for  human
consumption  can  be  influenced  by  the  domestic
distribution  system;  whereas,  furthermore,  it  is
recognised  that  neither  the  domestic  distribution
system  nor 
the
responsibility  of  the  Member  States;

its  maintenance  may  be 

to  check 

for  human  consumption  meets 

(23)  Whereas  each  Member  State  should  establish
that  water
monitoring  programmes 
the
intended 
requirements  of 
this  Directive;  whereas  such
monitoring  programmes  should  be  appropriate  to
the  minimum
local  needs  and  should  meet 
monitoring 
this
in 
Directive;

requirements 

laid  down 

(29)  Whereas  Member  States  should  be  authorised,
under certain conditions, to grant derogations from
this Directive; whereas, furthermore, it is necessary
to  establish  a  proper 
such
derogations, provided that they do not constitute a
potential  danger  to  human  health  and  provided
that  the  supply  of  water  intended  for  human
consumption 
the  area  concerned  cannot
otherwise  be  maintained  by  any  other  reasonable
means;

framework 

for 

in 

(30)  Whereas,  since  the  preparation  or  distribution  of
water 
intended  for  human  consumption  may
involve  the  use  of  certain  substances  or  materials,
rules  are  required  to  govern  the  use  thereof  in
order  to  avoid  possible  harmful  effects  on  human
health;

the 

furthermore, 

(31)  Whereas  scientific  and  technical  progress  may
necessitate  rapid  adaptation  of 
technical
requirements  laid  down  in  Annexes  II  and  III;
whereas, 
facilitate
application  of  the  measures  required  for  that
purpose, provision should be made for a procedure
under  which  the  Commission  can  adopt  such
adaptations  with  the  assistance  of  a  committee
composed  of  representatives  of 
the  Member
States;

in  order 

to 

(24)  Whereas  the  methods  used  to  analyse  the  quality
of  water  intended  for  human  consumption  should
be  such  as  to  ensure  that  the  results  obtained  are
reliable and comparable;

(25)  Whereas,  in  the  event  of  non-compliance  with  the
standards  imposed  by  this  Directive  the  Member
State  concerned  should  investigate  the  cause  and
ensure  that  the  necessary  remedial  action  is  taken
as  soon  as  possible  to  restore  the  quality  of  the
water;

(26)  Whereas  it  is  important  to  prevent  contaminated
water  causing  a  potential  danger  to  human  health;
whereas  the  supply  of  such  water  should  be
prohibited  or  its  use  restricted;

(27)  Whereas,  in  the  event  of  non-compliance  with  a
parameter  that  has  an  indicator  function,  the
Member  State  concerned  must  consider  whether
that  non-compliance  poses  any  risk  to  human
health;  whereas  it  should  take  remedial  action  to
restore  the  quality  of  the  water  where  that  is
necessary  to  protect  human  health;

for  human 

(32)  Whereas  consumers  should  be  adequately  and
appropriately  informed  of  the  quality  of  water
intended 
consumption,  of  any
derogations  granted  by  the  Member  States  and  of
any  remedial  action  taken  by  the  competent
authorities;  whereas,  furthermore,  consideration
should be given both to the technical and statistical
needs  of  the  Commission,  and  to  the  rights  of  the
information
individual 
adequate 
to  obtain 
concerning  the  quality  of  water 
intended  for
human  consumption;

(33)  Whereas,  in  exceptional  circumstances  and  for
geographically  defined  areas,  it  may  be  necessary
to allow Member States a more extensive timescale
for  compliance  with  certain  provisions  of  this
Directive;

(34)  Whereas  this  Directive  should  not  affect  the
obligations  of  the  Member  States  as  to  the  time
limit  for  transposition  into  national  law,  or  as  to
application,  as  shown  in  Annex  IV,

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26.3.98

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Objective

1. This  Directive  concerns  the  quality  of  water  intended
for  human  consumption.

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

from 

Article  2

Definitions

For  the  purposes  of  this  Directive:

1.  ‘water  intended  for  human  consumption’  shall  mean:

(a)  all  water  either  in  its  original  state  or  after
treatment,  intended  for  drinking,  cooking,  food
preparation or other domestic purposes, regardless
of  its  origin  and  whether  it  is  supplied  from  a
distribution  network,  from  a  tanker,  or  in  bottles
or  containers;

(b) all water used in any food-production undertaking
for  the  manufacture,  processing,  preservation  or
marketing  of  products  or  substances  intended  for
human 
competent
national  authorities  are  satisfied  that  the  quality
of  the  water  cannot  affect  the  wholesomeness  of
the  foodstuff  in  its  finished  form;

consumption  unless 

the 

2.  ‘domestic  distribution 

system’ 

shall  mean 

the
pipework,  fittings  and  appliances  which  are  installed
between  the  taps  that  are  normally  used  for  human
consumption and the distribution network but only if
they  are  not  the  responsibility  of  the  water  supplier,
in  its  capacity  as  a  water  supplier,  according  to  the
relevant  national 
in  premises  and
law,  except 
establishments  where  water  is  supplied  to  the  public,
such  as  schools,  hospitals  and  restaurants.

Article  3

Exemptions

Council Directive 80/777/EEC of 15 July 1980 on the
approximation  of  the  laws  of  the  Member  States
relating  to  the  exploitation  and  marketing  of  natural
mineral  waters (1);

(b) waters  which  are  medicinal  products  within  the
meaning  of  Council  Directive  65/65/EEC  of  26
January 1965 on the approximation of provisions laid
down  by  law,  regulation  or  administrative  action
relating  to  medicinal  products (2).

2. Member  States  may  exempt  from  the  provisions  of
this  Directive:

(a)  water  intended  exclusively  for  those  purposes  for
which  the  competent  authorities  are  satisfied  that  the
quality  of  the  water  has  no  influence,  either  directly
or 
indirectly,  on  the  health  of  the  consumers
concerned;

(b) water  intended  for  human  consumption  from  an
individual  supply  providing  less  than  10  m³  a  day  as
an  average  or  serving  fewer  than  50  persons,  unless
the  water  is  supplied  as  part  of  a  commercial  or
public activity.

3. Member  States  that  have  recourse  to  the  exemptions
provided  for  in  paragraph  2(b)  shall  ensure  that  the
population  concerned  is  informed  thereof  and  of  any
action  that  can  be  taken  to  protect  human  health  from
the  adverse  effects  resulting  from  any  contamination  of
water  intended  for  human  consumption.  In  addition,
when  a  potential  danger  to  human  health  arising  out  of
the  quality  of  such  water  is  apparent,  the  population
concerned  shall  promptly  be  given  appropriate  advice.

Article  4

General obligations

1. Without  prejudice  to  their  obligations  under  other
Community  provisions,  Member  States  shall  take  the
measures  necessary  to  ensure  that  water  intended  for
human  consumption  is  wholesome  and  clean.  For  the
purposes  of  the  minimum  requirements  of  this  Directive,
water 
for  human  consumption  shall  be
intended 
wholesome  and  clean  if  it:

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

substances  which, 

1. This  Directive  shall  not  apply  to:

(a)  natural  mineral  waters  recognised  as  such  by  the
competent  national  authorities,  in  accordance  with

(1)  OJ  L  229,  30.8.1980,  p.  1.  Directive  as  last  amended  by

Directive  96/70/EC  (OJ  L  299,  23.11.1996,  p.  26).

(2)  OJ  22  9.2.1965,  p.  369.  Directive  as  last  amended  by

Directive  93/39/EEC  (OJ  L  214,  24.8.1993,  p.  22).

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(b) meets  the  minimum  requirements  set  out  in  Annex  I,

Parts  A  and  B;

and  if,  in  accordance  with  the  relevant  provisions  of
Articles  5  to  8  and  10  and  in  accordance  with  the
Treaty,  Member  States  take  all  other  measures  necessary
to  ensure  that  water  intended  for  human  consumption
complies  with  the  requirements  of  this  Directive.

2. Member  States  shall  ensure  that  the  measures  taken
to  implement  this  Directive  in  no  circumstances  have  the
effect  of  allowing,  directly  or  indirectly,  either  any
deterioration of the present quality of water intended for
human  consumption  so  far  as  that  is  relevant  for  the
protection  of  human  health  or  any  increase  in  the
pollution  of  waters  used  for  the  production  of  drinking
water.

Article  5

Quality  standards

1. Member  States  shall  set  values  applicable  to  water
intended  for  human  consumption  for  the  parameters  set
out  in  Annex  I.

2. The  values  set  in  accordance  with  paragraph  1  shall
not  be  less  stringent  than  those  set  out  in  Annex  I.  As
regards  the  parameters  set  out  in  Annex  I,  Part  C,  the
values  need  be  fixed  only  for  monitoring  purposes  and
for  the  fulfilment  of  the  obligations  imposed  in  Article
8.

3. A  Member  State  shall  set  values  for  additional
parameters not included in Annex I where the protection
of human health within its national territory or part of it
so requires. The values set should, as a minimum, satisfy
the  requirements  of  Article  4(1)(a).

Article  6

Point  of  compliance

1. The  parametric  values  set  in  accordance  with  Article
5  shall  be  complied  with:

(a)  in  the  case  of  water  supplied  from  a  distribution
network,  at  the  point,  within  premises  or  an
establishment,  at  which  it  emerges  from  the  taps  that
are  normally  used  for  human  consumption;

(b) in  the  case  of  water  supplied  from  a  tanker,  at  the

point  at  which  it  emerges  from  the  tanker;

(d) in  the  case  of  water  used  in  a  food-production
undertaking,  at  the  point  where  the  water  is  used  in
the  undertaking.

2.
In  the  case  of  water  covered  by  paragraph  1(a),
Member  States  shall  be  deemed  to  have  fulfilled  their
obligations  under  this  Article  and  under  Articles  4  and
8(2)  where  it  can  be  established  that  non-compliance
with the parametric values set in accordance with Article
5  is  due  to  the  domestic  distribution  system  or  the
maintenance  thereof.

3. Where  paragraph  2  applies  and  there  is  a  risk  that
water covered by paragraph 1(a) would not comply with
the  parametric  values  established  in  accordance  with
Article  5,  Member  States  shall  nevertheless  ensure  that:

(a)  appropriate measures are taken to reduce or eliminate
the  risk  of  non-compliance  with  the  parametric
values,  such  as  advising  property  owners  of  any
possible  remedial  action  they  could  take,  and/or

other  measures,  such  as  appropriate 
treatment
techniques,  are  taken  to  change  the  nature  or
properties  of  the  water  before  it  is  supplied  so  as  to
reduce  or  eliminate  the  risk  of  the  water  not
complying  with  the  parametric  values  after  supply;

and

(b) the  consumers  concerned  are  duly  informed  and
advised  of  any  possible  additional  remedial  action
that  they  should  take.

Article  7

Monitoring

1. Member  States  shall  take  all  measures  necessary  to
ensure  that  regular  monitoring  of  the  quality  of  water
intended  for  human  consumption  is  carried  out,  in  order
to check that the water available to consumers meets the
requirements  of  this  Directive  and  in  particular  the
parametric  values  set  in  accordance  with  Article  5.
Samples  should  be  taken  so  that  they  are  representative
of  the  quality  of  the  water  consumed  throughout  the
year.  In  addition,  Member  States  shall  take  all  measures
necessary to ensure that, where desinfection forms part of
the  preparation  or  distribution  of  water  intended  for
human  consumption,  the  efficiency  of  the  desinfection
treatment  applied  is  verified.

(c)  in  the  case  of  water  put  into  bottles  or  containers
intended  for  sale,  at  the  point  at  which  the  water  is
put  into  the  bottles  or  containers;

2. To  meet  the  obligations  imposed  in  paragraph  1,
appropriate  monitoring  programmes  shall  be  established
by  the  competent  authorities  for  all  water  intended  for

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26.3.98

human  consumption.  Those  monitoring  programmes
shall  meet  the  minimum  requirements  set  out  in  Annex
II.

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

4. Community  guidelines  for  the  monitoring  prescribed
in  this  Article  may  be  drawn  up  in  accordance  with  the
procedure  laid  down  in  Article  12.

5 

(a)  Member 

States 

the
specifications  for  the  analyses  of  parameters  set
out  in  Annex  III.

comply  with 

shall 

(b) Methods  other  than  those  specified  in  Annex  III,
Part  1,  may  be  used,  providing 
it  can  be
demonstrated that the results obtained are at least
as  reliable  as  those  produced  by  the  methods
specified.  Member  States  which  have  recourse  to
alternative methods shall provide the Commission
with  all  relevant  information  concerning  such
methods  and  their  equivalence.

(c)  For  those  parameters  listed  in  Annex  III,  Parts  2
and  3,  any  method  of  analysis  may  be  used
provided  that  it  meets  the  requirements  set  out
therein.

that 

shall 

States 

ensure 

6. Member 
additional
monitoring  is  carried  out  on  a  case-by-case  basis  of
substances and micro-organisms for which no parametric
value has been set in accordance with Article 5, if there is
reason to suspect that they may be present in amounts or
numbers  which  constitute  a  potential  danger  to  human
health.

3. Whether  or  not  any  failure  to  meet  the  parametric
values has occurred, Member States shall ensure that any
supply  of  water  intended  for  human  consumption  which
constitutes  a  potential  danger  to  human  health 
is
prohibited  or  its  use  restricted  or  such  other  action  is
taken  as  is  necessary  to  protect  human  health.  In  such
cases  consumers  shall  be  informed  promptly  thereof  and
given  the  necessary  advice.

4. The  competent  authorities  or  other  relevant  bodies
shall  decide  what  action  under  paragraph  3  should  be
taken,  bearing  in  mind  the  risks  to  human  health  which
would  be  caused  by  an  interruption  of  the  supply  or  a
restriction  in  the  use  of  water  intended  for  human
consumption.

5. Member  States  may  establish  guidelines  to  assist  the
competent  authorities  to  fulfil  their  obligations  under
paragraph  4.

6.
In  the  event  of  non-compliance  with  the  parametric
values  or  with  the  specifications  set  out  in  Annex  I,  Part
C,  Member  States 
that
non-compliance  poses  any  risk  to  human  health.  They
shall  take  remedial  action  to  restore  the  quality  of  the
water  where  that  is  necessary  to  protect  human  health.

consider  whether 

shall 

7. Member  States  shall  ensure  that,  where  remedial
action  is  taken,  consumers  are  notified  except  where  the
competent  authorities  consider  the  non-compliance  with
the  parametric  value  to  be  trivial.

Article  9

Derogations

Article  8

Remedial  action  and  restrictions  in  use

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.

If, despite the measures taken to meet the obligations
2.
imposed  in  Article  4(1),  water  intended  for  human
consumption  does  not  meet  the  parametric  values  set  in
accordance with Article 5, and subject to Article 6(2), the
Member  State  concerned  shall  ensure  that  the  necessary
remedial action is taken as soon as possible to restore its
quality,  having  regard  inter  alia  to  the  extent  to  which
the  relevant  parametric  value  has  been  exceeded  and  to
the  potential  danger  to  human  health.

1. Member States may provide for derogations from the
parametric  values  set  out  in  Annex  I,  Part  B,  or  set  in
accordance  with  Article  5(3),  up  to  a  maximum  value  to
be  determined  by 
them,  provided  no  derogation
constitutes  a  potential  danger  to  human  health  and
provided  that  the  supply  of  water  intended  for  human
consumption  in  the  area  concerned  cannot  otherwise  be
maintained  by  any  other  reasonable  means.  Derogations
shall  be  limited  to  as  short  a  time  as  possible  and  shall
not  exceed  three  years,  towards  the  end  of  which  a
review shall be conducted to determine whether sufficient
progress  has  been  made.  Where  a  Member  State  intends
to  grant  a  second  derogation,  it  shall  communicate  the
review,  along  with  the  grounds  for  its  decision  on  the
second  derogation,  to  the  Commission.  No  such  second
derogation  shall  exceed  three  years.

2.
In  exceptional  circumstances,  a  Member  State  may
ask  the  Commission  for  a  third  derogation  for  a  period

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not  exceeding  three  years.  The  Commission  shall  take  a
decision  on  any  such  request  within  three  months.

3. Any  derogation  granted 
paragraphs  1  or  2  shall  specify  the  following:

in  accordance  with

(a)  the  grounds  for  the  derogation;

derogation  concerning  an  individual  supply  of  water
exceeding  1 000  m³  a  day  as  an  average  or  serving  more
than 5 000 persons, including the information specified in
paragraph  3.

8. This  Article  shall  not  apply  to  water  intended  for
human  consumption  offered  for  sale 
in  bottles  or
containers.

(b) the 

parameter 

relevant
monitoring  results,  and  the  maximum  permissible
value  under  the  derogation;

concerned, 

previous 

(c)  the geographical area, quantity of water supplied each
day,  the  population  concerned  and  whether  or  not
any  relevant  food-production  undertaking  would  be
affected;

(d) an  appropriate  monitoring  scheme,  with  an  increased

monitoring  frequency  where  necessary;

(e)  a  summary  of  the  plan  for  the  necessary  remedial
action,  including  a  timetable  for  the  work  and  an
estimate  of  the  cost  and  provisions  for  reviewing;

(f)  the  required  duration  of  the  derogation.

If 

the 

competent 

authorities 

4.
the
non-compliance  with  the  parametric  value  to  be  trivial,
and  if  action  taken  in  accordance  with  Article  8(2)  is
sufficient  to  remedy  the  problem  within  30  days,  the
requirements  of  paragraph  3  need  not  be  applied.

consider 

Article  10

Quality  assurance  of  treatment,  equipment  and  materials

Member States shall take all measures necessary to ensure
that no substances or materials for new installations used
in  the  preparation  or  distribution  of  water  intended  for
human  consumption  or  impurities  associated  with  such
substances  or  materials  for  new  installations  remain  in
water intended for human consumption in concentrations
higher  than  is  necessary  for  the  purpose  of  their  use  and
do not, either directly or indirectly, reduce the protection
of  human  health  provided  for  in  this  Directive,  without
to  Council  Directive  89/106/EEC  of  21
prejudice 
December  1988  on 
laws,
regulations  and  administrative  provisions  of  the  Member
States  relating  to  construction  products (1).

the  approximation  of 

Article  11

Review  of  annexes

In  that  event,  only  the  maximum  permissible  value  for
the parameter concerned and the time allowed to remedy
the  problem  shall  be  set  by  the  competent  authorities  or
other  relevant  bodies.

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 laid down in Article 189c
of  the  Treaty.

5. Recourse  may  no  longer  be  had  to  paragraph  4  if
failure  to  comply  with  any  one  parametric  value  for  a
given  water  supply  has  occurred  on  more  than  30  days
on  aggregate  during  the  previous  12  months.

2. At  least  every  five  years,  the  Commission  shall  adapt
Annexes  II  and  III  to  scientific  and  technical  progress.
Such  changes  as  are  necessary  shall  be  adopted  in
accordance  with  the  procedure  laid  down  in  Article  12.

6. Any  Member  State  which  has  recourse  to  the
derogations  provided  for  in  this  Article  shall  ensure  that
the  population  affected  by  any  such  derogation 
is
promptly  informed  in  an  appropriate  manner  of  the
derogation and of the conditions governing it. In addition
the  Member  State  shall,  where  necessary,  ensure  that
advice is given to particular population groups for which
the  derogation  could  present  a  special  risk.

These  obligations  shall  not  apply  in  the  circumstances
described in paragraph 4 unless the competent authorities
decide  otherwise.

Article  12

Committee  procedure

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

2. The  Commission  representative  shall  submit  to  the
committee  a  draft  of  the  measures  to  be  taken.  The
committee  shall  deliver  its  opinion  on  the  draft  within  a
time  limit  which  the  chairman  may  lay  down  according
to  the  urgency  of  the  matter.  The  opinion  shall  be

the  exception  of  derogations  granted 

7. With 
in
accordance  with  paragraph  4  a  Member  State  shall
inform  the  Commission  within  two  months  of  any

(1)  OJ  L  40,  11.2.1989,  p.  12.  Directive  as  last  amended  by

Directive  93/68/EEC  (OJ  L  220,  30.8.1993,  p.  1).

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delivered  by  the  majority  laid  down  in  Article  148(2)  of
the  Treaty  in  the  case  of  decisions  which  the  Council  is
required  to  adopt  on  a  proposal  from  the  Commission.
The  votes  of  the  representatives  of  the  Member  States
within the committee shall be weighted in the manner set
out  in  that  Article.  The  chairman  shall  not  vote.

5. The  Commission  shall  examine  the  Member  States’
reports  and,  every  three  years,  publish  a  synthesis  report
on the quality of water intended for human consumption
in the Community. That report shall be published within
nine  months  of  the  receipt  of  the  Member  States’
reports.

3. The  Commission  shall  adopt  measures  which  shall
apply immediately. However, if those measures are not in
accordance  with 
the
Commission  shall  communicate  them  to  the  Council
forthwith.  In  that  event:

committee’s 

opinion, 

the 

(a) the  Commission  shall  defer  application  of 

the
measures  which  it  has  adopted  for  a  period  of  three
months  from  the  date  of  communication;

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

Article  13

Information  and  reporting

1. Member  States  shall  take  the  measures  necessary  to
ensure  that  adequate  and  up-to-date  information  on  the
quality  of  water  intended  for  human  consumption  is
available  to  consumers.

2. Without  prejudice  to  Council  Directive  90/313/EEC
of  7  June  1990  on  the  freedom  of  access  to  information
on  the  environment (1),  each  Member  State  shall  publish
a  report  every  three  years  on  the  quality  of  water
intended  for  human  consumption  with  the  objective  of
informing  consumers.  That  report  shall  include,  as  a
minimum,  all  individual  supplies  of  water  exceeding
1 000 m³ a day as an average or serving more than 5 000
persons  and  it  shall  cover  three  calendar  years  and  be
published  within  one  calendar  year  of  the  end  of  the
reporting  period.

3. Member  States  shall  send  their  reports  to  the
Commission  within  two  months  of  their  publication.

4. The  formats  and  the  minimum  information  for  the
reports  provided  for  in  paragraph  2  shall  be  determined
having  special  regard  to  the  measures  referred  to  in
Articles  3(2),  5(2)  and  (3),  7(2),  8,  9(6)  and  (7)  and
15(1),  and  shall  if  necessary  be  amended  in  accordance
with  the  procedure  laid  down  in  Article  12.

(1)  OJ  L  158,  23.6.1990,  p.  56.

Article  14

Timescale  for  compliance

Member  States  shall  take  the  measures  necessary  to
ensure  that  the  quality  of  water  intended  for  human
consumption  complies  with  this  Directive  within  five
years  of  its  entry  into  force,  without  prejudice  to  Notes
2,  4  and  10  in  Annex  I,  Part  B.

Article  15

Exceptional circumstances

1. A  Member  State  may,  in  exceptional  circumstances
and  for  geographically  defined  areas,  submit  a  special
request  to  the  Commission  for  a  period  longer  than  that
laid  down  in  Article  14.  The  additional  period  shall  not
exceed  three  years,  towards  the  end  of  which  a  review
shall  be  carried  out  and  forwarded  to  the  Commission
which  may,  on  the  basis  of  that  review,  permit  a  second
additional  period  of  up  to  three  years.  This  provision
shall  not  apply 
for  human
to  water 
consumption  offered  for  sale  in  bottles  or  containers.

intended 

2. Any  such  request,  grounds  for  which  shall  be  given,
shall set out the difficulties experienced and include, as a
minimum,  all  the  information  specified  in  Article  9(3).

3. The  Commission  shall  examine  that  request 
in
accordance  with  the  procedure  laid  down  in  Article  12.

4. Any Member States which has recourse to this Article
shall  ensure  that  the  population  affected  by  its  request  is
promptly  informed  in  an  appropriate  manner  of  the
outcome  of  that  request.  In  addition,  the  Member  State
shall,  where  necessary,  ensure  that  advice  is  given  to
particular population groups for which the request could
present  a  special  risk.

Article  16

Repeal

1. Directive  80/778/EEC  is  hereby  repealed  with  effect
from five years after the entry into force of this Directive.
Subject  to  paragraph  2,  this  repeal  shall  be  without
to  Member  States’  obligations  regarding
prejudice 

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deadlines  for  transposition  into  national  law  and  for
application  as  shown  in  Annex  IV.

official  publication.  The  methods  of  making  such
references  shall  be  laid  down  by  the  Member  States.

Any reference to the Directive repealed shall be construed
as  a  reference  to  this  Directive  and  shall  be  read  in
accordance  with  the  correlation  table  set  out  in  Annex
V.

the
2. The  Member  States  shall  communicate 
Commission  the  texts  of  the  provisions  of  national  law
which  they  adopt  in  the  field  covered  by  this  Directive.

to 

2. As soon as a Member State has brought into force the
laws,  regulations  and  administrative  provisions  necessary
to comply with this Directive and has taken the measures
provided  for  in  Article  14,  this  Directive,  not  Directive
80/778/EEC,  shall  apply  to  the  quality  of  water  intended
for  human  consumption  in  that  Member  State.

Article  18

Entry  into  force

This Directive shall enter into force on the 20th day after
that  of  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  17

Transposition  into  national  law

Article  19

Addresses

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  within  two  years  of  its  entry
into  force.  They  shall  forthwith  inform  the  Commission
thereof.

When  the  Member  States  adopt  those  measures,  these
shall  contain  references  to  this  Directive  or  shall  be
accompanied  by  such  references  on  the  occasion  of  their

This  Directive  is  addressed  to  the  Member  States.

Done  at  . . .

For  the  Council

The  President

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ANNEX  I

PARAMETERS  AND  PARAMETRIC  VALUES

PART  A

Microbiological parameters

Parameter

Parametric value
(number/100  ml)

0

0

Escherichia  coli  (E.  coli)

Enterococci

The  following  applies  to  water  offered  for  sale  in  bottles  or  containers:

Parameter

Parametric value

Escherichia  coli  (E.  coli)

Enterococci

Pseudomonas  aeruginosa

Colony  count  22 °C

Colony  count  37 °C

0/250  ml

0/250  ml

0/250  ml

100/ml

20/ml

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PART  B

Chemical  parameters

Parameter

Parametric value

Acrylamide

Antimony

Arsenic

Benzene

Benzo(a)pyrene

Boron

Bromate

Cadmium

Chromium

Copper

Cyanide

1,2-dichloroethane

Epichlorohydrin

Fluoride

Lead

Mercury

Nickel

Nitrate

Nitrite

Pesticides

Pesticides  —  Total

Polycyclic  aromatic  hydrocarbons

Selenium

Tetrachlorothene  and
Trichlorothene

Trihalomethanes  —  Total

Vinyl chloride

0,10

5,0

10

1,0

0,010

1,0

10

5,0

50

2,0

50

3,0

0,10

1,5

10

1,0

20

50

0,50

0,10

0,50

0,10

10

10

100

0,50

Notes

Note  1

Note  2

Unit

µg/l

µg/l

µg/l

µg/l

µg/l

mg/l

µg/l

µg/l

µg/l

mg/l

Note  3

µg/l

µg/l

µg/l

mg/l

µg/l

µg/l

µg/l

mg/l

mg/l

µg/l

µg/l

µg/l

µg/l

µg/l

µg/l

Note  1

Notes  3  and  4

Note  3

Note  5

Note  5

Notes  6  and  7

Notes  6  and  8

Sum  of  concentrations  of
specified 
compounds;
Note 9

Sum  of  concentrations  of
specified  parameters

Sum  of  concentrations  of
specified  compounds;
Note 10

µg/l

Note  1

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Note  1: 

The parametric value refers to the residual monomer concentration in the water as calculated according to
specifications  of  the  maximum  release  from  the  corresponding  polymer  in  contact  with  the  water.

Note  2: 

Where  possible,  without  compromising  disinfection,  Member  States  should  strive  for  a  lower  value.

For  the  water  referred  to  in  Article  6(1)(a),  (b)  and  (d),  the  value  must  be  met,  at  the  latest,  10  calendar
years after the entry into force of the Directive. The parametric value for bromate from five years after the
entry  into  force  of  this  Directive  until  10  years  after  its  entry  into  force  is  25  µg/l.

Note  3: 

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

Note  4: 

For water referred to in Article 6(1)(a), (b) and (d), the value must be met, at the latest, 15 calendar years
after  the  entry  into  force  of  this  Directive.  The  parametric  value  for  lead  from  five  years  after  the  entry
into  force  of  this  Directive  until  15  years  after  its  entry  into  force  is  25  µg/l.

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

When implementing the measures to achieve compliance with that value Member States must progressively
give  priority  where  lead  concentrations  in  water  intended  for  human  consumption  are  highest.

(*) p.m.:  to  be  added  following  the  outcome  of  the  study  currently  being  carried  out.

Note  5: 

Member  States  must  ensure  that  the  condition  that  [nitrate]/50  +  [nitrite]/3  #  1,  the  square  brackets
signifying  the  concentrations  in  mg/l  for  nitrate  (NO3)  and  nitrite  (NO2),  is  complied  with  and  that  the
value  of  0,10  mg/l  for  nitrites  is  complied  with  ex  water  treatment  works.

Note  6: 

‘Pesticides’ means:

—  organic insecticides,

—  organic herbicides,

—  organic fungicides,

—  organic nematocides,

—  organic acaricides,

—  organic algicides,

—  organic  rodenticides

—  organic slimicides,

—  related  products  (inter  alia,  growth  regulators)

and  their  relevant  metabolites,  degradation  and  reaction  products.

Only  those  pesticides  which  are  likely  to  be  present  in  a  given  supply  need  be  monitored.

Note  7: 

The  parametric  value  applies  to  each  individual  pesticide.  in  the  case  of  aldrin,  dieldrin,  heptachlor  and
heptachlor  epoxide  the  paramentric  value  is  0,030  µg/l.

Note  8: 

‘Pesticides  —  Total’  means  the  sum  of  all  individual  pesticides  detected  and  quantified  in  the  monitoring
procedure.

Note  9: 

The  specified  compounds  are:

—  benzo(b)fluoranthene,

—  benzo(k)fluoranthene,

—  benzo(ghi)perylene,

—  indeno(1,2,3-cd)pyrene.

Note  10: 

Where  possible,  without  compromising  disinfection,  Member  States  should  strive  for  a  lower  value.

The  specified  compounds  are:  chloroform,  bromoform,  dibromochloromethane,  bromodichlorome-
thane.

For  the  water  referred  to  in  Article  6(1)(a),  (b)  and  (d),  the  value  must  be  met,  at  the  latest,  10  calendar
years after the entry into force of this Directive. The parametric value for total THMs from five years after
the  entry  into  force  of  this  Directive  until  10  years  after  its  entry  into  force  is  150  µg/l.

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

When implementing the measures to achieve this value, Member States must progressively give priority to
those  areas  where  THM  concentrations  in  water  intended  for  human  consumption  are  highest.

PART  C

Indicator  parameters

Parameter

Parametric value

Unit

Notes

Aluminium

Ammonium

Chloride

Clostridium  perfringens
(including  spores)

Colour

200

0,50

250

0

Acceptable  to
consumers  and  no
abnormal change

µg/l

mg/l

mg/l

Note  1

number/100  ml Note  2

Conductivity

2 500

µS  cm-1  at
20  °C

Note  1

Hydrogen  ion  concentration

$  6,5  and  #  9,5

pH-units

Notes  1  and  3

Iron

Manganese

Odour

Oxidisability

Sulphate

Sodium

Taste

µg/l

µg/l

mg/l  O2

mg/l

mg/l

200

50

Acceptable  to
consumers  and  no
abnormal change

5,0

250

200

Acceptable  to
consumers  and  no
abnormal change

Note  4

Note  1

Colony  count  22°

No  abnormal  change

Coliform  bacteria

0

number/100  ml Note  5

Total  organic  carbon  (TOC)

No  abnormal  change

Turbidity

Acceptable  to
consumers  and  no
abnormal change

Note  6

Note  7

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Note  1: 

The  water  should  not  be  aggressive.

Note  2: 

This parameter need not be measured unless the water originates from or is influenced by surface water. In
the event of non-compliance with this parametric value, the Member State concerned must investigate the
supply to ensure that there is no potential danger to human health arising from the presence of pathogenic
micro-organisms, e.g. cryptosporidium. Member States must include the results of all such investigations in
the  reports  they  must  submit  under  Article  13(2).

Note  3: 

For  still  water  put  into  bottles  or  containers,  the  minimum  value  may  be  reduced  to  4,5  pH  units.

For  water  put  into  bottles  or  containers  which  is  naturally  rich  in  or  artificially  enriched  with  carbon
dioxide,  the  minimum  value  may  be  lower.

Note  4: 

This  parameter  need  not  be  measured  if  the  parameter  TOC  is  analysed.

Note  5: 

For  water  put  into  bottles  or  containers  the  unit  is  number/250  ml.

Note  6: 

This  parameter  need  not  be  measured  for  supplies  of  less  than  10 000 m³  a  day.

Note:  7: 

In  the  case  of  surface  water  treatment,  Member  States  should  strive  for  a  parametric  value  not  exceeding
1,0  NTU  (nephelometric  turbidity  units)  in  the  water  ex  treatment  works.

26.3.98

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ANNEX  II

MONITORING

TABLE A

Parameters  to  be  analysed

1.  Check  monitoring

The  purpose  of  check  monitoring  is  regularly  to  provide  information  on  the  organoleptic  and
microbiological  quality  of  the  water  supplied  for  human  consumption  as  well  as  information  on  the
effectiveness  of  drinking-water  treatment  (particularly  of  disinfection)  where  it  is  used,  in  order  to
determine  whether  or  not  water  intended  for  human  consumption  complies  with  te  relevant  parametric
values  laid  down  in  this  Directive.

The  following  parameters  must  be  subject  to  check  monitoring.  Member  States  may  add  other
parameters  to  this  list  if  they  deem  it  appropriate.

Aluminium  (Note  1)

Ammonium

Colour

Conductivity

Clostridium  perfringens  (including  spores)  (Note  2)

Escherichia  coli  (E.  coli)

Hydrogen  ion  concentration

Iron  (Note  1)

Nitrite  (Note  3)

Odour

Pseudomonas  aeruginosa  (Note  4)

Taste

Colony  count  22 °C  and  37 °C  (Note  4)

Coliform  bacteria

Turbidity

Note  1: 

Necessary  only  when  used  as  flocculant (*).

Note  2: 

Necessary  only  if  the  water  originates  from  or  is  influenced  by  surface  water (*).

Note  3: 

Necessary  only  when  chloramination  is  used  as  a  disinfectant (*).

Note  4: 

Necessary  only  in  the  case  of  water  offered  for  sale  in  bottles  or  containers.

(*)  In  all  other  cases,  the  parameters  are  in  the  list  for  audit  monitoring.

2.  Audit  monitoring

The purpose of audit monitoring is to provide the information necessary to determine whether or not of
all  of  the  Directive’s  parametric  values  are  being  complied  with.  All  parameters  set  in  accordance  with
Article  5(2)  and  (3)  must  be  subject  to  audit  monitoring  unless  it  can  be  established  by  the  competent
authorities, for a period of time to be determined by them, that a parameter is not likely to be present in
a  given  supply  in  concentrations  which  could  lead  to  the  risk  of  a  breach  of  the  relevant  parametric
value.

C  91/16

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26.3.98

TABLE  B1

Minimum  frequency  of  sampling  and  analyses  for  water  inteded  for  human  consumption  supplied  from  a
distribution  network  or  from  a  tanker  or  used  in  a  food-production  undertaking

Member States must take samples at the points of compliance as defined in Article 6(1) to ensure that water
intended  for  human  consumption  meets  the  requirements  of  the  Directive.  However,  in  the  case  of  a
distribution  network,  a  Member  State  may  take  samples  within  the  supply  zone  or  at  the  treatment  works
for particular parameters if it can be demonstrated that there would be no adverse change to the measured
value  of  the  parameters  concerned.

Volume  of  water  distributed  or
produced  each  day  within  a  supply
zone

(Notes  1  and  2)
m³

#

100

.

100

# 1 000

. 1 000

# 10 000

Check  monitoring  number  of  samples
per  year

Audit  monitoring  number  of  samples
per  year

(Notes  3,  4  and  5)

(Notes  3  and  5)

(Note  6)

4

(Note  6)

1

1
+  1  for  each  3 300  m³/d  and  part
thereof  of  the  total  volume

. 10 000

# 100 000

4
+  3  for  each  1 000  m³/d  and
part  thereof  of  the  total  volume

3
+  1  for  each  10 000  m³/d  and
part  thereof  of  the  total  volume

. 100 000

Note  1: 

Note  2: 

Note  3: 

Note  4: 

10
+  1  for  each  25 000  m³/d  and
part  thereof  of  the  total  volume

A  supply  zone  is  a  geographically  defined  area  within  which  water  intended  for  human  consumption
comes  from  one  or  more  sources  and  within  which  water  quality  may  be  considered  as  being
approximately  uniform.

The volumes are calculated as averages taken over a calendar year. A Member State may use the number
of  inhabitents  in  a  supply  zone  instead  of  the  volume  of  water  to  determine  the  minimum  frequency,
assuming  a  water  consumption  of  200  l/day/capita.

In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers is
to  be  decided  by  the  Member  State  concerned.

For  the  different  parameters  in  Annex  I,  a  Member  State  may  reduce  the  number  of  samples  specified  in
the  table  if:

(a)  the  values  of  the  results  obtained  from  samples  taken  during  a  period  of  at  least  two  successive  years

are  constant  and  significantly  better  than  the  limits  laid  down  in  Annex  I,  and

(b) no  factor  is  likely  to  cause  a  deterioration  of  the  quality  of  the  water.

The lowest frequency applied must not be less than 50 % of the number of samples specified in the table
except  in  the  particular  case  of  note  6.

Note  5: 

As  far  as  possible,  the  number  of  samples  should  be  distributed  equally  in  time  and  location.

Note  6: 

The  frequency  is  to  be  decided  by  the  Member  state  concerned.

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Minimum  frequency  of  sampling  and  analysis  for  water  put  into  bottles  or  containers  intended  for  sale

TABLE  B2

Volume  of  water  produced  for
offering  for  sale  in  bottles  or
containers  each  day (1)
m³

Check  monitoring  number  of  samples
per  year

Audit  monitoring  number  of  samples
per  year

# 10

. 10

. 60

# 60

1

12

1

1

1  for  each  5  m³  and  part  thereof
of  the  total  volume

1  for  each  100  m³  and  part
thereof  of  the  total  volume

(1)  The  volumes  are  calculated  as  averages  taken  over  a  calendar  year.

C  91/18

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ANNEX  III

SPECIFICATIONS  FOR  THE  ANALYSIS  OF  PARAMETERS

Each  Member  State  must  ensure  that  any  laboratory  at  which  samples  are  analysed  has  a  system  of
analytical  quality  control  that  is  subject  from  time  to  time  to  checking  by  a  person  who  is  not  under  the
control  of  the  laboratory  and  who  is  approved  by  the  competent  authority  for  that  purpose.

1.  PARAMETERS  FOR  WHICH  METHODS  OF  ANALYSIS  ARE  SPECIFIED

The  following  principles  for  methods  of  microbiological  parameters  are  given  either  for  reference
whenever  a  CEN/ISO  method  is  given  or  for  guidance,  pending  the  possible  future  adoption,  in
accordance with the procedure laid down in Article 12, of further CEN/ISO international methods for
these parameters. Member States may use alternative methods, providing the provisions of Article 7 (5)
are  met.

Coliform  bacteria  and    Escherichia  coli  (E.  coli)  (ISO  9308-1)

Enterococci  (ISO  7899-2)

Pseudomonas  aeruginosa  (prEN  ISO  12780)

Enumeration  of  culturable  microorganisms  —  Colony  count  22 °C  (prEN  ISO  6222)

Enumeration  of  culturable  microorganisms  —  Colony  count  37 °C  (prEN  ISO  6222)

Clostridium  perfringens  (including  spores)

Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar (Note 1) at 44
6  1 °C  for  21  6  3  hours.  Count  opaque  yellow  colonies  that  turn  pink  or  red  after  exposure  to
ammonium  hydroxide  vapours  for  20  to  30  seconds.

Note  1: 

The  composition  of  m-CP  agar  is:

Basal medium

Tryptose

Yeast  extract

Sucrose

L-cysteine  hydrochloride

MgSO4  ·  7H2O

Bromocresol  purple

Agar

Water

30  g

20  g

5  g

1  g

0,1  g

40  mg

15  g

1 000  ml

Dissolve  the  ingredients  of  the  basal  medium,  adjust  pH  to  7,6  and  autoclave  at  121 °C  for  15
minutes.  Allow  the  medium  to  cool  and  add:

D-cycloserine

Polymyxine-B  sulphate
Indoxyl-(cid:226)-D-glucoside
to  be  dissolved  in  8  ml  sterile  water  before  addition

Filter  —  sterilised  0,5%  phenolphthalein
diphosphate  solution

Filter  —  sterilized  4,5 %  FeCl3  ·  6H2O

400  mg

25  mg

60  mg

20  ml

2  ml

2.

PARAMETERS  FOR  WHICH  PERFORMANCE  CHARACTERISTICS  ARE  SPECIFIED

2.1.  For the following parameters, the specified performance characteristics are that the method of analysis
used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a
trueness,  precision  and  limit  of  detection  specified.  Whatever  the  sensitivity  of  the  method  of  analysis
used,  the  result  must  be  expressed  using  at  least  the  same  number  of  decimals  as  for  the  parametric
value  considered  in  Annex  I,  Parts  B  and  C.

26.3.98

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Parameters

Trueness  %  of
parametric value

Precision  %  of
parametric value

(Note  1)

(Note  2)

Limit  of
detection  %  of
parametric value
(Note  3)

Conditions

Notes

Acrylamide

Aluminium

Ammonium

Antimony

Arsenic

Benzo(a)pyrene

Benzene

Boron

Bromate

Cadmium

Chloride

Chromium

Conductivity

Copper

Cyanide

1,2-dichloroethane

Epichlorohydrin

Fluoride

Iron

Lead

Manganese

Mercury

Nickel

Nitrate

Nitrite

Oxidisability

Pesticides

Polycyclic aromatic
hydrocarbons

10

10

25

10

25

25

10

25

10

10

10

10

10

10

25

10

10

10

10

20

10

10

10

25

25

25

To  be  controlled  by
product
specification

Note  4

To  be  controlled  by
product
specification

Note  5

Note  6

Note  7

10

10

25

10

25

25

10

25

10

10

10

10

10

10

25

10

10

10

10

10

10

10

10

25

25

25

10

10

25

10

25

25

10

25

10

10

10

10

10

10

10

10

10

10

10

20

10

10

10

10

25

25

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26.3.98

Parameters

Trueness  %  of
parametric value

Precision  %  of
parametric value

(Note  1)

(Note  2)

Limit  of
detection  %  of
parametric value
(Note  3)

Conditions

Notes

Selenium

Sodium

Sulphate

Tetrachloroethene

Trichloroethene

Trihalomethanes  —
Total

Vinyl chloride

10

10

10

25

25

25

10

10

10

25

25

25

10

10

10

10

10

10

Note  8

Note  8

Note  7

To  be  controlled  by
product
specification

2.2.  For  hydrogen  ion  concentration  the  specified  performance  characterisatics  are  that  the  method  of
analysis  used  must  be  capable  of  measuring  concentrations  equal  to  the  parametric  value  with  a
trueness  of  0,2  pH  unit  and  a  precision  of  0,2  pH  unit.

Note  1 (*):

Note  2 (*):

Trueness is the systematic error and is the difference between the mean value of the large number
of  repeated  measurements  and  the  true  value.

Precision  is  the  random  error  and  is  usually  expressed  as  the  standard  deviation  (within  and
between  batch)  of  the  spead  of  results  about  the  mean.  Acceptable  precision  is  twice  the  relative
standard  deviation.

(*) These  terms  are  further  defined  in  ISO  5725:

Note  3:

Limit  of  detection  is  either:

—  three  times  the  relative  within  batch  standard  deviation  of  a  natural  sample  containing  a  low

concentration  of  the  parameter,

or

— five  times  the  relative  within  batch  standard  deviation  of  a  blank  sample.

The  method  should  determine  total  cyanide  in  all  forms.

Oxidation  should  be  carried  out  for  10  minutes  at  100  °C  under  acid  conditions  using
permanganate.

The performance characteristics apply to each individual pesticide and will depend on the pesticide
concerned. The limit of detection may not be achievable for all pesticides at present, but Member
States  should  strive  to  achieve  this  standard.

The  performance  characteristics  apply  to  the  individual  substances  specified  at  25 %  of  the
parametric  value  in  Annex  I.

The  performance  characteristics  apply  to  the  individual  substances  specified  at  50 %  of  the
parametric  value  in  Annex  I.

Note  4:

Note  5:

Note  6:

Note  7:

Note  8  8:

3.  PARAMETERS  FOR  WHICH  NO  METHOD  OF  ANALYSIS  IS  SPECIFIED

Colour
Odour
Taste
Total  organic  carbon
Turbidity  (Note  1)

Note  1: 

For turbidity monitoring in treated surface water the specified performance characteristics are that
the method of analysis used must, as a minimum, be capable of measuring concentrations equal to
the  parametric  value  with  a  trueness  of  25 %,  precision  of  25 %  and  a  25 %  limit  of  detection.

ANNEX  IV

DEADLINES  FOR  TRANSPOSITION  INTO  NATIONAL  LAW  AND  FOR  APPLICATION

Directive  80/778/EEC

Directive  81/858/EEC

Act  of  Accession  of  Spain  and
Portugal

Directive  90/656/EEC  for  new
Länder  of  Germany

Act  of  Accession  of  Austria,
Finland  and  Sweden

Directive
91/692/EEC

Transposition  17.7.1982

Application  17.7.1985

All  Member  States  except  Spain,
Portugal  and  new  Länder  of
Germany

(Adaptation  due  to  accession  of
Greece)

Spain: 

Portugal: 

transposition  1.1.1986
application 
1.1.1986
transposition  1.1.1986
1.1.1989
application 

Austria: 

Finland: 

Sweden: 

transposition  1.1.1995
application 
1.1.1995
transposition  1.1.1995
1.1.1995
application 
transposition  1.1.1995
1.1.1995
application

Articles  1  to  14

application  31.12.1995

Amended  with  effect  from
1.1.1981

Amended  with  effect  from
1.1.1986

Amended  with  effect  from
1.1.1995

Amended

Amended

Article  17(a)
inserted

Article  15

Article  16

Article  17

Article  18

Article  19

Article  20

Article  21

.

2
6
3
9
8

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

9
1
/
2
1

 
 
 
 
 
 
C  91/22

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ANNEX  V

CORRELATION  TABLE

This Directive

Directive  80/778/EEC

Article  1  (1)

Article  1  (2)

Article  2  (1)
(a)  and  (b)

Article  2  (2)

Article  3  (1)
(a)  and  (b)

Article  3  (2)
(a)  and  (b)

Article  3  (3)

Article  4  (1)

Article  4  (2)

Article  5  (1)

Article  5  (2)  first  sentence

Article  5  (2)  second  sentence

Article  5  (3)

Article  6  (1)

Article  1  (1)

—

Article  2

—

Article  4  (1)

—

—

Article  7  (6)

Article  11

Article  7  (1)

Article  7  (3)

—

—

Article  12  (2)

Article  6  (2)  to  (3)

—

Article  7  (1)

Article  7  (2)

Article  7  (3)

Article  7  (4)

Article  7  (5)

Article  7  (6)

Article  8

Article  9  (1)

Article  12  (1)

—

Article  12  (3)

—

Article  12  (5)

—

—

Articles  9  (1)  and  10  (1)

Article  9  (2)  to  (6)

—

Article  9  (7)

Article  9  (8)

Article  10

Articles  9  (2)  and  10  (3)

—

Article  8

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This Directive

Directive  80/778/EEC

Article  11  (1)

Article  11  (2)

Article  12  (1)

Article  12  (2)  and  (3)

Article  13  (1)

—

Article  13

Article  14

Article  15

—

Article  13  (2)  to  (5)

Article  17  (a)  (inserted  by  Directive  91/692/EEC)

Article  14

Article  15

Article  16

Article  17

Article  18

Article  19

Article  19

Article  20

—

Article  18

—

Article  21

C  91/24

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

1.  On  28  April  1995,  the  Commission  sent  the  Council  its  initial  proposal,  based  on
Article  130s(1)  of  the  EC  Treaty,  on  the  quality  of  water  intended  for  human
consumption (1).

2.  The  European  Parliament,  the  Economic  and  Social  Committee  and  the  Committee  of
the  Regions  delivered  their  opinions  on  12  December  1996 (2),  21  December  1995 (3)
and  19  September  1995 (4)  respectively.

3.  On  4  June  1997,  the  Commission  forwarded  an  amended  proposal  to  Council (5).

4.  On  19  December  1997,  the  Council  adopted  its  common  position  in  accordance  with

Article  189c  of  the  Treaty.

II.  OBJECTIVE

The  aim  of  the  draft  Directive  is  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.

To this end, the draft Directive revises Directive 80/778/EEC in such a way that it provides
Member States with a more flexible and adequate legal framework which redresses some of
the difficulties previously encountered in the production and distribution of drinking water.
It  also  takes  account  of  the  new  scientific  knowledge  and  technical  progress  achieved  so
far, which is based on the WHO drinking water quality guidelines and advice given by the
Commission  Advisory  Scientific  Committee  on  Toxicity  and  Ecotoxicity.  It  includes  only
those  parameters  considered  essential  at  Community  level  to  ensure  a  high  level  of  health
protection  at  practicable  values.

III.  ANALYSIS  OF  THE  COMMON  POSITION

A.  Amended  Commission  proposal

The Council adopted either in full or in part, and occasionally in spirit, 39 amendments
proposed  by  the  European  Parliament  of  which  5  were  originally  rejected  by  the
Commission.

The latter amendments regard Article 4(1)(a) (Amendment 43), Article 5 (Amendments
23  and  24),  Article  10  (Amendment  34)  and  Annex  II,  Table  A  (Amendment  91) (6).

(1)  OJ  C  131,  30.5.1995,  p.  5  and  OJ  C  243,  20.9.1995,  p.  10.
(2)  OJ  C  20,  20.1.1997,  p.  121.
(3)  OJ  C  82,  19.3.1996,  p.  64.
(4)  OJ  C  100,  2.4.1996,  p.  134.
(5)  OJ  C  213,  15.7.1997,  p.  8.
(6)  The  numbering  of  the  articles  follows  those  retained  in  the  common  position.

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B.  Amendments  accepted  by  the  Commission  but  not  included  in  the  common  position

1.  Amendment  20

As  this  amendment  covers  a  more  horizontal  issue,  the  Council  considered  that
catchment  protection  measures  taking  full  account  of  the  precautionary  principle
and  the  polluter-pays  principle  are  more  appropriately  catered  for  in  the  Directive
establishing  a  framework  for  Community  action  in  the  field  of  water  policy.

2.  Amendment  77

The  Council  considered  that  the  addition  proposed  by  the  European  Parliament
concerning  possible  new  contamination  from  disinfection  degradation  products  was
already covered in the notion of the verification of the ‘efficiency of the disinfection
treatment  applied’  (Article  7(1)).  However,  the  Council  added  that  regular
monitoring  shall  be  ensured  in  particular  to  check  whether  all  of  the  parametric
values set in accordance with Article 5 are met and specified that samples should be
taken  so  that  they  are  representative  of  the  quality  of  the  water  consumed
throughout  the  year.

C.  Changes  or  innovations  introduced  by  the  Council

1.  Notion  of  ‘wholesome  and  clean’  (Articles  1(2)  and  4(1))

Because  of  the  broadening  in  Article  1  of  the  qualification  for  water  intended  for
human  consumption  to  ‘wholesome  and  clean’,  as  was  proposed  by  the  European
Parliament  and  accepted  by  the  Council,  and,  for  the  sake  of  legal  certainty,  the
Council  defined  that  concept  in  Article  4(1)  by  adding:

—  in  (a)  that  it  shall  also  be  free  from  any  substances  in  concentrations  which

constitute  a  potential  danger  to  human  health,  and

—  that, in accordance with the relevant provisions of Articles 5 to 8 and 10, and in
accordance  with  the  Treaty,  Member  States  also  take  all  other  measures
necessary  to  ensure  its  compliance  with  the  Directive.

2.  Definition  of  ‘domestic  distribution  system’  (Article  2(2)  and  6(2)  and  (3))

With  a  view  to  establishing  an  appropriate  balance  in  terms  of  responsibility
between  the  different  actors  concerned,  the  Council  has  redrafted  the  definition  of
the  ‘domestic  distribution  system’.

Relevant  only  to  Article  6(2),  the  Council  reduced  the  scope  of  the  ‘domestic
distribution  system’  so  as  to  exclude  from  any  possible  non-compliance  with  the
parametric  values  those  premises  and  establishments  where  water  is  supplied  to  the
public such as schools, hospitals and restaurants. Food-production undertakings are
also  excluded  from  the  cases  covered  by  Article  6(2).

Moreover, the Council provided in Article 6(3) that Member States shall ensure that
appropriate  measures  be  taken  to  reduce  or  eliminate  the  risk  of  non-compliance
with  parametric  values  and  that  consumers  be  informed  of  or  advised  on  any
possible  additional  remedial  action  that  they  should  take.

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3.  The  lead  parameter,  its  point  of  compliance  for  and  way  of  sampling  and  its
transitional provisions (Article 6(1) and (2), Article 2(2) and Annex I, Part B, Notes
3  and  4)

Having  been  one  of  the  most  controversial  issues  throughout  negotiations,  the
Council  reached  an  agreement  on  the  following  elements:

(a) parametric  value  and  timetable  are  accepted  as  in  the  Commission  proposal;

(b) the  point  of  compliance  of  the  parametric  value  needs  to  be  read  in  conjunction

with  the  explanation  given  in  paragraph  2  above;

(c) an  adequate  sampling  method  at  the  tap  which  is  representative  of  a  weekly
average  value  ingested  by  consumers  need  to  be  elaborated  and  added  to  the
Directive, and Member States must take account of the occurrence of peak levels
that  may  cause  averse  effects  on  human  health  (Annex  I,  Part  B,  Note  2).

4.  Derogations  and  exceptional  circumstances  (Articles  9(1)  and  (2)  and  15(1))

The  Council  agreed  to  limit  in  time  both  possible  derogations  envisaged  under  the
general  scheme  (Article  9)  and  the  prolongation  of  the  timescale  for  compliance  in
exceptional  circumstances  (Article  15),  as  was  put  forward  by  the  European
Parliament. However, in light of the difficulties Member States, in some cases, shall
have to face in terms of costs or time needed to take measures (e.g. adjust the water
treatment  or  develop  an  alternative  resource),  and  provided  certain  criteria  and
conditions  are  met,  the  Council  considered  that  a  longer  period  than  the  one
proposed  by  the  Parliament  would  be  more  appropriate.

5.  Transparency  (Articles  3(3),  6(3),  8(7)  and  15(4))

To  those  articles  referring  to  situations  where  Member  states  may  either  exempt  or
derogate from the provisions of the Directive, and where such measures had not yet
been  included,  the  Council  systematically  added  a  clause  to  inform  and  properly
advise  the  consumer  or  population  concerned.

6.  Quality  standards  and  the  provisions  relating  to  the  internal  market

Bearing  in  mind  that  this  Directive  is  based  on  Article  130s(1)  of  the  Treaty  and
that,  according  to  Article  130t  of  that  same  Treaty,  Member  States  are  allowed  to
maintain  or  introduce  more  stringent  measures  if,  subject  to  certain  provisions,
protective  measures  under  Article  130s  are  adopted,  the  Council:

—  deleted  former  Article  13  and  former  recital  22,

—  transferred  former  Article  6(4)  to  the  preamble  (recital  19),

—  added extra recitals to indicate that Member States may set values for parameters
not  included  in  Annex  I  (recital  18),  and  also  to  underline  that  in  doing  so,
Member States are bound to respect the principles and rules of the Treaty (recital
20).

26.3.98

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Official  Journal  of  the  European  Communities

C  91/27

7.  Parameters  and  parametric  values

The  Council  considered  that  parametric  values  should  be  set  at  a  level  considered
appropriate  to  protect  public  health.

Therefore,  the  Council,  inter  alia:

—  changed  some  of  the  names  of  the  parameters  to  render  them  more  precise  (eg.
‘Enterococci’  instead  of  ‘faecal  streptococci’,  ‘clostridium  perfringens’  instead  of
‘sulphite  reducing  clostridia’,  ‘colony  count  at  22  °C’  instead  of  ‘total  bacteria
count’),

—  added  some  parameters  (eg.  colony  counts  at  22  °C  and  37  °C  to  Annex  I,  Part
A  concerning  water  in  bottles  and  containers,  chloride  and  sodium  to  Annex  I,
Part  C),

—  set  tighter  values,  eg.  for  acrylamide,  epichlorohydrin,  four  individual  pesticides

and  tri-  and  tetrachloroethene,

—  changed  the  standard  for  antimony,  boron,  nitrite  at  the  tap  and  PAH,

—  added  the  WHO  guideline  value  as  an  interim  value  for  bromate,

—  replaced  bromodichloromethane  and  chloroform  by  sum  of  4  THMs,

—  moved  clostridium  perfringens  from  Annex  I,  Part  A,  to  Annex  I,  Part  C,  and

also  added  it  to  check  monitoring  in  Annex  II;

—  deleted  dissolved  oxygen  and  the  parametric  value  for  TOC  from  Annex  I,  Part

C,  (Commission  proposal).

Moreover, to ensure that monitoring results were reliable and accurate, the Council
made the minimum sampling frequencies more proportional to the volume of water
supplied  (Annex  II,  Tables  B1  and  B2)  and  entered  a  provision  in  Annex  III  on
quality  control  for  laboratories.

As  far  as  analytical  methods  are  concerned  and  where  at  all  possible,  the  Council
introduced  internationally-accepted  ISO/CEN  standards  which  resulted  in  major
changes  to  Annex  III.

The  Commission  has  agreed  to  the  amendments  made  by  the  Council.