Re-examined proposal for a Council Directive on the quality of water intended for human consumption
Date: 1998-07-08
Institutions: European Commission
Subjects: drinking water, public health, water analysis, water pollution, water supply

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 08.07.1998 
COM(1998) 388  final 

95/0010(SYN) 

Re-examined proposal for a 

COUNCIL DIRECTIVE 

on the Quality of Water Intended for Human 
Consumption 

(presented by the Commission pursuant to Article  189 c (d) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

On 4 January  1995, the Commission  adopted  a "Proposal  for  a Council  Directive on the 
Quality  of  Water  intended  for  Human  Consumption"  (COM(94)612  final  -  95/0010 
SYN). 

On 28 April  1995 (OJ C  131, 30.5.1995, p.5) (co-operation procedure pursuant to Article 
130S1) the proposal was presented to the Council. 

The Economic  and  Social  Committee  gave  its opinion  on  21  December  1995 (OJ  C 82, 
19.3.96). 

The  Committee  of  the  Regions  gave  its  opinion  on  19  September  1995  (OJ  C  100, 
2.4.1996). 

The  European  Parliament  gave  its  opinion  (first  reading)  at  its  sitting  of  12  December 
1996 (OJC 020, 20.1.1997). 

The  Commission  adopted  the amended  proposal  (COM(97)228  final  - 95/0010  SYN  of 
4.06.1997; OJ C 213, 15.7.1997). 

At its meeting on  16 October  1997, the Council reached a political agreement with a view 
to adopting a common position. 

The Council's common position was adopted on  19 December  1997 (OJ C 91, 26.3.98) 

The European Parliament gave its opinion (second  reading) at its sitting of  13May 1998. 

The  Commission  has  examined  the  amendments  proposed  by  Parliament  at  its  second 
reading  and  has  included  a  number  of  them  in  this  re-examined  proposal.  In  this 
memorandum  the  Commission's  position  on  each  of  the  amendments  approved  by 
Parliament at its second reading is explained. 

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 the Directive. 

Therefore,  the Commission can accept amendments:  6,  8, 15 and  19 without  reservation 
as  all  these  amendments  improve  the  text  of  the  Directive,  through  textual  changes  or 
through  improvement  of the transparency;  amendments  12 and  29  can  be  accepted  in 
part with some necessary redrafting  for reasons of coherence with the other provisions of 
the Directive. 

In  addition  the  Commission  can  accept  in principle  amendments:  13, 26  and  30.  The 
following  comments are represented on these amendments: 

Amendment 13 

Amendment  13 refers  to disinfection  of water and  proposes to add "that there  is no  new 
contamination from  disinfection  degradation products". A redrafting  is necessary to make 
it factually  correct. 

Amendment 26 

Amendment 26 proposes the addition of a parameter for radioactivity  in Annex  1, part B. 
The  Commission  following  the  advice  given  by  the  Group  of  experts  under  Article  31 
in  Annex 1, 
EURATOM  Treaty  Committee  accepts  to  include  radioactivity  parameter 
part C (indicator parameter), gross a  and  gross \\ activity  should  for  the time being only 
be  included  but  not  quantified.  For  tritium  a  value  of  KM) Bq/1  is  proposed,  the  total 
indicative dose is 0.1 mSv/y  The Commission  undertakes to provide  further  guidance, on 
how the  indicative dose parameter  shall  be translated  in practical  terms. The  appropriate 
values  for  total  a  and  total  (3 and  the  monitoring  frequencies  under  Annex  II  will  be 
defined  in due time. 

Amendment 30 

Amendment 30 refers to a study to be carried out into the issue of endocrine disrupters on 
which  to  base  a proposal  on  the  basis  of  Article  189b.  The  Commission  welcomes  the 
idea.  It  should  not,  though,  be  put  into  a  Directive  as  within  some  time  it  will  be 
irrelevant. 

Amendment 12 

The  Commission  is  of  the  opinion  that  the  reference  is  indeed  better  placed  in  Article 
6(2)  than  in  Article  2(2)  as  it  makes  the  text  more  comprehensible.  The  text  can  be 
transferred  as it is in the Common Position. 

The second issue of amendment  12 refers to a report to be produced by Member States on 
the  incidence  of  lead  piping  and  on  plans  to  replace  this  lead.  In  principle  the 
Commission  can  agree  with  the  idea of plans  that  Member  States  should  present  within 
five years to explain how Member States will comply with the lead-related provisions. 

Amendment 29 

Amendment  29  calls  for  Member  States  to  produce  a  report  on  areas  with  high  THM 
values.  The  Commission  can  accept  the  concept  of  such  a  report  to  be  produced  by 
Member States. 

The Commission cannot accept the remaining amendments, namely:  1, 3, 4, 5, 9,  11,14, 
16, 21, 22, 23, 24, 25, 27, 28 and 31. 

Amendments 1,3,4,5,9,11,14,21,23 

These  amendments  either  do  not  add  anything  new  to  the  text,  or  are  irrelevant  in  this 
Directive or are already covered by thé Treaty. 

Amendment 16 and Amendment 22 

Amendments  16 and 22 seek to change the derogation  provisions  under Articles 9(1) and 
15(1). Acceptance  of these  amendments  could  put  at stake  the adoption  of the  Directive 
as the Council reached a very difficult  agreement on this point. The Commission believes 
that the main concerns of the Parliament have been taken into account as derogations can 
be granted only when there is no potential human  health risk  and the water supply cannot 
be maintained by any other reasonable means. Additionally  the derogations are limited in 
time and the Commission remains involved. 

Amendment 24 

Amendment 24 seeks to lower the parametric value  lor TMM to 80 ug/l.The Commission 
is  of  the  opinion  that  the  value  retained  in  the  Common  Position  represents  an 
appropriate balance between health and practical considerations. 

Amendment 25 

A  reference  to  endocrine  disrupters  is  added  to  Article  4(1 )a  (amendment  8),  but  at 
present it is thought to be premature to introduce a parameter in Annex  I, B. 

Amendment 27 

Even  though  it  is  desirable  to  use  the  same  sampling  method  all  over  the  European 
Union, this might not always be possible due to various  factors. 

Amendment 28 

Amendment  28  proposes  10 years  to  comply  with  the  lead  standard.  The  Commission 
cannot  accept  such a timetable. The proposed  compliance  period  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 31 

Amendment 31 calls for copper to be moved from  Annex I, Part B (chemical  parameters) 
to  Annex  I,  Part  C  (indicator  parameters).  As  is  explained  in  the  explanatory 
memorandum  WHO  guideline  values  for  drinking  water  quality  have  been  used  as  a 
basis for the proposed  Directive. The Commission  has followed  the WHO's  health-based 
guideline  on  copper.  In the  rolling  revision,  which  took  place  in  Geneva  in April  1997, 
this value  did  not  change. The  Commission  will  review  the  parametric  value  for  copper 
and its classification  following  the revision of the WHO guidelines. 

Re-examined proposal for a 

COUNCIL DIRECTIVE 

on the Quality of Water intended  for human consumption 

Text of the Common Position 

Re-examined  proposal 

Article 2(2) 

the 

taps 

installed  between 

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

the 

installed  between 

"domestic  distribution  system"  shall  mean 
the  pipework,  fittings  and  appliances  which 
are 
that  are 
normally  used  for  human  consumption  and 
the  distribution  network  but  only  if  they  are 
not the responsibility  of the water supplier, in 
its capacity  as a  water  supplier,  according  to 
the relevant national  law. 

taps 

Article 4(1 )(a) 

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

Article 6(2) 

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 
that  non-compliance  with  the 
established 
parametric  values  set  in  accordance  with 
Article  5  is  due  to  the  domestic  distribution 
system or the maintenance thereof. 

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 
that  non-compliance  with  the 
established 
parametric  values  set  in  accordance  with 
Article  5  is  due  to  the  domestic  distribution 
system  or the  maintenance  thereof,  except  in 
premises  and  establishments  where  water  is 
supplied  to  the  public,  such  as  schools, 
hospitals and restaurants. 
Member  States  must  produce  a  report  and 
forward it to  the  Commission,  in  accordance 
with  Article  13 (5),  on  the  incidence  of  lead 
in  households  and  come  forward 
piping 
within  live  years  of  the  entry  into  force  of 
this  Directive,  with  a  plan  of  practical 
measures  to  be  taken,  such  as  lead  pipe 
replacement  or  other  measures  under 

paragraph  (3), to  fulfil  their  obligations. 

Article  7(1) 

the  parametric  values 

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 
in 
accordance  with Article  5. Samples  should  be 
taken  so  that  they  are  representative  of  the 
quality  of  the  water  consumed  throughout  the 
year.  In  addition,  Member  States  shall  take 
all  measures  necessary  to  ensure  that,  where 
disinfection  forms  part  of  the  preparation  or 
intended  for  human 
distribution  of  water 
the 
efficiency 
consumption, 
disinfection  treatment  is  verified. 

the 

set 

of 

set 

intended 

I.  Member  States  shall  take  all  measures 
necessary  to ensure  that  regular  monitoring  of 
the  quality  of  water 
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 
in 
the  parametric  values 
accordance  with  Article  5. Samples  should  be 
taken  so  that  they  are  representative  of  the 
quality  of the  water  consumed  throughout  the 
year.  In  addition,  Member  States  shall  take 
all  measures  necessary  to  ensure  that,  where 
disinfection  forms  part  of  the  preparation  or 
for  human 
distribution  of  water 
the 
consumption, 
treatment  is  verified,  and  that 
disinfection 
any  contamination 
from  disinfection  by 
products  is  kept  as  low  as  possible  without 
compromising  the  disinfection. 

intended 
efficiency 

the 

of 

Article  8 (2) 

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

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

Article  10 

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 
impurities 
associated  with  such  substances  or  materials 
in  water 
for  new 
in 
intended 

installations 
human 
for 

consumption 

consumption 

remain 

human 

or 

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 
impurities 
associated  with  such  substances  or  materials 
in  water 
for  new 
in 
intended 

installations 
human 
for 

consumption 

consumption 

remain 

human 

or 

concentrations  higher  than  is  necessary  for 
the  purpose  of  their  use  and  do  not,  either 
directly  or  indirectly  reduce  the  protection  for 
human  health  provided  for  in  this  Directive, 
without  prejudice 
to  Council  Directive 
89/106/EEC  of  21  December  1988  on  the 
regulations  and 
approximation  of 
laws, 
the  Member 
administrative  provisions  of 
States  relating to construction  products (1). 

concentrations  higher  than  is  necessary  for 
the  purpose  of  their  use  and  do  not,  either 
directly  or  indirectly  reduce  the  protection  for 
human  health  provided  for  in  this  Directive, 
whereby 
the  interpretative  documents  and 
technical  specifications  pursuant  to  Article 
3( 1 ) and  Article  4( 1 ) of  the Council  Directive 
89/106/EEC  of  21  December  1988  on  the 
regulations  and 
approximation  of 
laws, 
administrative  provisions  of 
the  Member 
States  relating  to  construction  products  (1) 
this 
•shall 
Directive. 

requirements  of 

respect 

the 

Annex  I, Part  B. note  10-

10:  Where 

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

should  strive  for a lower value. 

possible,  without  Note 

10:  Where 

possible, 

The  specified  compounds  are:  chloroform, 
bromoform, 
dibromochloromethane, 
bromodichloromethane. 

The  specified  compounds  are:  chloroform, 
bromoform, 
dibromochloromethane, 
bromodichloromethane. 

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

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

that 

ensure 

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

the  period 

needed 

to 

that 

ensure 

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

the  period 

needed 

to 

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

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

Member  States  must  produce  a  report  and 
forward  it  to  the  Commission,  in  accordance 
with  Article  13(5),  on  areas  with  high  THM 
values  and  come  forward  within  5 years  with 
a  plan  of  practical  measures  to  be  taken, 
necessary  to  comply  with  the  THM  related 
provisions. 

Annex I, Part C, entry  11 a (new), (after  "oxidizability") 

Parameter 

Parametric 
value 

Unit 

Note 

Radioactivity: 

tritium 

100 

becquerel/1 

Note 11 

total  a  activity 

total  P  activity 

no  value  at 
present 

no  value  at 
present 

becquerel/1 

Note 8, 11 

becquerel/1 

Note 9, 11 

total  indicative 
dose 

0,10 

mSv/year 

Note  10, 11 

Note 8: 

Total a: except radon and short-lived  radon decay products. 

Note 9: 

Total P: except 40K, tritium and short-lived radon decay products. 

Note 10: 

Further guidance on the assessment of the annual individual  effective 
dose, in comparison with the total indicative dose, will be provided in due 
time. 

Note 11 : 

the monitoring frequencies  under Annex II, will be defined  in due time. 

ISSN 0254-1475 

COM(98) 388 final 

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Catalogue  number  :  CB-CO-98-403-EN-C 

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