CELEX: 51988PC0752
Language: en
Date: 1988-12-19
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVES 80/778/EEC ON DRINKING WATER, 76/160/EEC ON BATHING WATER, 75/440/EEC ON SURFACE WATER AND 79/869/EEC ON METHODS OF MEASUREMENT AND FREQUENCIES OF ANALYSIS OF SURFACE WATER

17. 1. 89                                Official Journal of the European Communities                              No C 13/7
              Proposal for a Council Directive amending Directives 80/778/EEC on drinking water,
              76/160/EEC on bathing water, 75/440/EEC on surface water and 79/869/EEC on methods of
                                     measurement and frequencies of analysis of surface water
                                                        COM(88) 752 final
                                       (Submitted by the Commission on 22 December 1988)
                                                           (89/C 13/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Member States (5) includes provision for the adaptation
                                                                    of certain technical requirements of the Directive within
Having regard to the Treaty establishing the European                a Committee on Adaptation to Technical and Scientific
Economic Community, and in particular Article 130S                   Progress;
thereof,
                                                                    Whereas, in order to improve and accelerate practical
Having regard to the proposal from the Commission,                  implementation of these Directives, the technical content
                                                                    of their Annexes must, where appropriate, be speedily
                                                                    adapted to scientific and technical progress and whereas,
Having regard         to   the   opinion   of   the  European
                                                                    in order to facilitate application of the measures required
Parliament,
                                                                    for this purpose, provision should be made for a uniform
                                                                    procedure establishing close cooperation between the
Having regard to the opinion of the Economic and                    Member States and the Commission within a regulatory
Social Committee,                                                   committee acting in accordance with Procedure III,
                                                                    Variant (a) of Article 2 of Council Decision
Whereas, in its resolution of 19 October 1987 on the                 87/373/EEC of 13 July 1987 laying down the
continuation and implementation of a European                       procedures for the exercise of implementing powers
community policy and action programme on the envi-                  conferred on the Commission ( 6 );
ronment (1987 to 1992) ('), the Council underlined the
particular importance it attaches to the implementation             Whereas, in order further to facilitate implementation of
of the Community legislation;                                       these Directives, provision should equally be made for
                                                                    such a committee to assist the Commission, in an
Whereas Council Directive 80/778/EEC of 15 July 1980                advisory capacity, on any matter falling within the
relating to the quality of water intended for human                 Commission's powers of implementation which the
consumption (2) includes provision for the adaptation of            Commission may submit to this committee;
certain technical requirements within a Committee on
the Adaptation to Scientific and Technical Progress;                Whereas, it is necessary to allow for assessment of the
                                                                    effects of implementation of this Directive over a
Whereas Council Directive 76/160/EEC of 8 December                  three-year trial period, during or following which the
1975 concerning the quality of bathing water (3) includes           Commission may, if appropriate, submit a proposal to
provision for the adaptation of certain technical                   the Council requesting that the provisions of the
requirements set out in the Directive within a Committee            Directive continue to apply,
on Adaptation to Technical Progress;
                                                                    HAS ADOPTED THIS DIRECTIVE:
Whereas Council Directive 75/440/EEC of 16 June
1975 concerning the quality of surface water intended
for the abstraction of drinking water in the Member                                             Article 1
States (4) provides for the revision of Certain technical
requirements of the Directive either at the request of a            Directive 80/778/EEC is hereby amended as follows.
Member State or on a proposal from the Commission;
                                                                     1. Articles 13 and 14 are replaced by the following:
Whereas Council Directive 79/869/EEC of 9 October
1979 concerning the methods of measurement and                           'Article 13
frequencies of sampling and analysis of surface water
intended for the abstraction of drinking water in the                    Such amendments as are necessary to add, delete or
                                                                         otherwise modify parameters, numerical values,
                                                                         comments and footnotes set out in Annex I, patterns
(') OJ  No C 328, 7. 12. 1987, p. 5.                                     and frequencies of standard analyses and footnotes set
O   OJ  No L 229, 30. 8. 1980, p. 11.
O   OJ  No L 3 1 , 5. 2. 1976, p. 1.
(4) OJ  No L 194, 25. 7. 1975, p. 26.                               (*)' O J N o L 271, 29. 10. 1979, p. 44.
                                                                    (•) OJ No L 197, 18. 7. 1987, p. 33.
 ---pagebreak--- No C 13/8                              Official Journal of the European Communities                                17. 1. 89
    out in Annex II and reference methods of analysis                                       Article 3
    and footnotes set out in Annex III in order to adapt
    the content of these Annexes to scientific and                Directive 75/440/EEC is hereby amended as follows.
   technical progress shall be adopted in accordance with
   the procedure laid down in Article 15.                         1. Article 9 is replaced by the following:
   Article 14                                                         Article 9a
    1.    To bring about the amendments provided for in
   Article 13, a Regulatory Committee, hereinafter                   Such amendments as are necessary to add, delete or
   called 'the Committee', is hereby set up; it shall be             otherwise modify standard methods of treatment and
   composed of the representatives of the Member States              categories of surface water set out in Annex I and
   and chaired by the representative of the Commission.              parameters, numerical values and footnotes set out in
                                                                     Annex II in order to adapt the content of these
   2.     The Committee shall equally assist the                     Annexes to scientific and technical progress, shall be
   Commission on any matter falling within its powers of             adopted in accordance with the procedure laid down
   implementation, which the Commission may submit to                in Article 9c.
   the Committee. The Committee shall act in those
   circumstances in an advisory capacity and proceed                 Article 9b
   without a vote.
   3.     The Committee shall adopt its own rules of                 1.     To bring about the amendments provided for in
   procedure.'                                                       Article 9a, a Regulatory Committee, hereinafter called
                                                                     "the Committee", is hereby set up; it shall be
                                                                     composed of the representatives of the Member States
2. Article 15 is amended in accordance            with  the          and chaired by the representative of the Commission.
   provisions of Article 5 of this Directive.
                                                                     2.     The Committee shall equally assist the
                         Article 2                                   Commission on any matter falling within its powers of
Directive 76/160/EEC is hereby amended as follows.                   implementation, which the Commission may submit to
                                                                     the Committee. The Committee shall act in those
                                                                     circumstances in an advisory capacity and proceed
1. Articles 9 and 10 are replaced by the following:
                                                                     without a vote.
    Article 9
                                                                     3.     The Committee shall adopt its own rules of
   Such amendments as are necessary to modify the                    procedure.'
   minimum sampling frequency and to add, delete or
   otherwise modify parameters, numerical values,
                                                                 2. An additional article is inserted as Article 9c in
   methods of analysis and footnotes set out in the
                                                                     accordance with the provisions of Article 5 of this
   Annex in order to adapt the content of this Annex to
                                                                     Directive.
   scientific and technical progress, shall be adopted in
   accordance with the procedure laid down in Article
   11.                                                                                      Article 4
   Article 10                                                    Directive 79/869/EEC is hereby amended as follows.
    1.    To bring about the amendments provided for in           1. Articles 9 and 10 are replaced by the following:
   Article 9, a Regulatory Committee, hereinafter called
   'the Committee', is hereby set up; it shall be
   composed of the representatives of the Member States               Article 9
   and chaired by the representative of the Commission.
                                                                     Such amendments as are necessary to add, delete or
   2.     The Committee shall equally assist the                     otherwise modify parameters, numerical values
   Commission on any matter falling within its powers of             applicable to the limits of detection, precision and
   implementation, which the Commission may submit to                accuracy, reference methods of analysis, materials
   the Committee. The Committee shall act in those                   recommended for the container and footnotes set out
   circumstances in an advisory capacity and proceed                 in Annex I, and to modify the minimum annual
   without a vote.                                                   frequency of sampling and analysis, categories and
                                                                     footnotes set out in Annex II, in order to adapt these
   3.     The Committee shall adopt its own rules of                 Annexes to scientific and technical progress and to
   procedure.'                                                       take into account amendments to the Annexes to
                                                                     Directive 75/440/EEC, shall be adopted               in
2. Article 11 is amended in accordance            with  the          accordance with the procedure laid down in Article
   provisions of Article 5 of this Directive.                        11.
 ---pagebreak--- 17.1.8^                                           official journal of the       n Communities                                             l^oCl^B^
                                                                              hetaken.TheC^ommitteeshalldeliveritsopinionon
                                                                              the draft measures within a time limit ^vhich the
   1.     T o h r i n ^ a h o u t the amendments provided for in              chairman may l a y d o ^ v n a c c o r d i n ^ t o t h e u r ^ e n c y o f
   Articled, aRe^ulatory Committee, hereinafter called                        the matter. The opinion shall he delivered hy the
   ^the committee , is herehy set up^ it shall he                             majority laid do^vn in A r t i c l e l ^ ^ o f t h e T r e a t y in
   composed of the representatives of the ^viemher states                     the case of decisions ^vhich the Council is required to
   and chaired hy the representative of the Commission.                       adopt o n a p r o p o s a l from the Commission.The votes
   ^.     The committee shall equally assist the                              of the representatives of the ^iemher states within
   Commission on any matter falling within its powers of                      the committee shall he ^vei^hted in the manner set
   implementation,^vhich the Commission may suhmit to                         out in that Article. The chairman shall not vote.
   the Committee. The Committee shall act in those                            ^. ^   The Commission shall adopt the measures
   circumstances in an advisory capacity and proceed                                  envisaged if they are in accordance ^vith the
   ^vithoutavote.                                                                    opinion of the Committee.
   ^.     The Committee shall adopt its o^vn rules of                            d^ If the measures envisaged are not in
   procedure.^                                                                        accordance ^vith the opinion                          of      the
                                                                                      Committee, or if no opinion is delivered, the
^. Article 11 is amended in accordance                       ^vith  the               Commission shall, without delay, suhmit to
   provisions of Article^of this Directive.                                          the Council of proposal relating to the
                                                                                     measures to he taken. The Council shall act hy
                                                                                     aqualified majority.
                                                                                 ^   l f , ^ v i t h i n t h r e e m o n t h s o f theproposalhein^
The follo^vin^para^raphs herehy replace the provisions
                                                                                     suhmitted to it,the Council has not acted,the
of Article 15ofDirective80B778BLEC, Article 11 of
                                                                                     proposed measures shall he adopted hy the
Directive 7DB1D0BELC and Article 11 of Directive
                                                                                      CommissionB
7^B8^BELC^, and are inserted as Article ^c of Directive
75B^0BEEC^
                                                                          The provisions of this Directive shall take effect from the
    U.      ^ h e r e t h e p r o c e d u r e laiddo^vnin this Article
                                                                          date of its notification. They shall cease to apply three
    istohefollo^ved,themattershallhereferredtothe
                                                                          years after notification of this Directive unless, further to
    committee hy its chairman, either on his o^vn
                                                                          a proposal from the Commission, the Council decides
    initiative or at the request of a representative of a
                                                                          otherwise.
    ^viemher^tate.
                                                                                                               Blr^cA^ 7
    ^.     The representative of the Commission shall
    suhmitto the Committee a d r a f t o f the measures to                ThisDirectiveisaddressedtothe^iemher^tates.