EU SPECIFIC WATER LEGISLATIONS

SCHMUCKBILD + LOGO

INHALT

BREADCRUMB

B - Water intended for human consumption

 

The improvement of the quality of water intended for human consumption is one of the major European priorities as stated in the first Environmental Action Programme. Council Directive 80/778/EEC is the first legislation on drinking water which was later abrogated by Directive 98/83/EC. According to the report (2016) on the implementation of Directive 98/83/EC, the Commission underlined that the overall compliance is on average 98% Click here for more information!. The same year, a Refit Evaluation on the Directive 98/83/EC confirmed that this directive “is achieving its objectives and contributing to the protection of human health from the adverse effects of contamination by ensuring a high-level compliance with the parametric valuesClick here for more information!.
The quality of drinking water is closely linked to the effective implementation of the others EU Water legislation, such as the WFD Click here for more information!, Urban Wastewater Directive and Nitrate from agricultural sources Directive Click here for more information!.
In the 27 Member States, groundwater supplies 65% of drinking water Click here for more information! and the pollution of groundwater leads to important cost for drinking water utility companies Click here for more information!. The cost of implementation of the Directive was assessed as high as 50 billion euros, at least 80 % of which to be incurred in the renovation of water conduits in private networks, the 20 remaining percent being the costs of rehabilitating the public distribution network.

From January 2023, more stringent water quality standards have applied under the Directive (EU) 2020/2184 Click here for more information! which recasts the Directive 98/83/EC Click here for more information! on the quality of water intended for human consumption. Based on a risk-based approach, the Directive (EU) 2020/2184 aims to address emerging pollutants such as microplastics, endocrine disrupting chemicals and pharmaceuticals Click here for more information!. In January 2022, the Commission has adopted a decision establishing a watch list of substances and compounds of concern for Water intended for human consumption Click here for more information!. 17-beta-estradiol and nonylphenol are included in this first watch list in view of their endocrine-disrupting properties and their human health risk Click here for more information!.
The new Directive is also a response to the European Citizens’ Initiative Right2Water as we have seen above related to the access to water for all with specific provision (article 16) on this crucial problematic, even in EU Click here for more information!. The Directive also strengthens the obligations related the information to public and consumers (articles 17 and 18).

Directive (EU) 2020/2184 the same general objective of the Directive 98/83/EC. It imposes on the Member States a general duty to ensure that water intended for human consumption is wholesome and clean by seeing to it that it is free from any micro-organisms, parasites and other substances constituting a potential danger to human health (Article 4(1)). It emphasizes on the improvement of the access to drinking water for all (article 1). In this regard, Directive 2020/2184 specifies the definition of drinking water (article 2):

  1. all water, either in its original state of after treatment, intended for drinking, cooking, food preparation or other domestic purposes in both public and private premises, regardless of its origin and whether it is supplied from distribution network, supplied from a tanker or put into bottles or containers, including spring water;
  2. all water used in any food business for the manufacture, processing, preservation or marketing of products or substances intended for human consumptionClick here for more information!. It applies neither to natural mineral waters nor to medicinal products (Article 3(1)).

Among the general obligations, Member States ensure that “water is free from any micro-organisms and parasites and from any substances which in number or concentrations, constitute a potential danger to human health” (article 2). They shall comply with the minimum requirements set out in Annex 1 and ensure that the measures taken are based on the precautionary principle. They also shall ensure that “an assessment of water leakage levels within their territory and of the potential for improvements in water leakage reduction is performed” by January 2026 (article 2).
Such as in Directive 98/83/EC, Member States shall set values applicable for drinking water for the parameters set out in Annex 1 and for additional parameters no included “where the protection of human health within its national territory of part of it so requires” (article 5).
The Directive defines “points of compliance”, i.e. those points where compliance with the quality standards must be checked. In case of water supplied from a distribution network, this is the actual taps that are normally used for human consumption, but the Member States are deemed to have fulfilled their obligations where non-compliance with the parametric values is due to the domestic distribution system inside the premises or its maintenance. However, in premises and establishment where water is supplied to the public, they must take measures so as to reduce or eliminate the risk of non-compliance and consumers concerned must be duly informed and advised (Article 6).
Directive 2020/2184 introduces a risk-based approach to water safety which “covers the whole supply chain from the catchment area, abstraction, treatment, storage and distribution of water to the point of compliance” (article 7). This approach includes: a risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption” (by July 2027), “a risk assessment and risk management for each supply system that includes the abstraction, treatment, storage and distribution of water (..) to the point of supply carried out by the water suppliers” (by January 2029), and a ”risk assessment of the domestic distribution system” (by January 2029).
Member States have the possibility to adapt this risk-based approach management to take into consideration geographical circumstances (such as limited accessibility of the water supply zone) but they must not compromise the objectives of the Directive. This approach which covers the whole chain from abstraction to distribution also requires to clarify the responsibilities of all the stakeholders. It is thus up to Member State to ensure that distribution of responsibilities “shall be tailored to their institutional and legal framework” (article 7). Article 8 to article 10 specify the elements to be included in these different types of assessment to be carried under the responsibility of Member States.
Specific provisions concerning the minimum hygiene requirements for materials that come into contact with drinking water (article 11) and also for treatment chemical and filter media that come into contact with drinking water (article 12) are provided.
Regular monitoring must be carried out, samples are taken and the efficiency of any treatments applied is verified, with monitoring programmes (Article 13). By January 2024, the Commission shall adopt delegated acts related to a methodology to measure microplastics and related to technical guidelines regarding methods of analysis for monitoring of per-and polyfluoroalkyl substances. In the case of failure to meet the parametric values, an investigation is carried out by the national competent authority and the distribution of waters constituting a potential danger to human health is prohibited or restricted, except where competent authorities consider the non-compliance with the parametric value to be trivial (Article 14). In “duly justified circumstances”, Member States may provide for derogations from the parametric values (article 15).