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Council
Directive 98/83/EC of 3 November 1998
on the quality of water intended for human consumption
Official
Journal L 330 , 05/12/1998 P. 0032 - 0054
THE COUNCIL
OF THE EUROPEAN UNION,
Having
regard to the Treaty establishing the European Community and, in
particular, Article 130s(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),
(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 scientific and technological progress; whereas
experience gained from implementing that Directive shows that it is
necessary to create an appropriately flexible and transparent 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;
(2)
Whereas in keeping with Article 3b of the Treaty, which provides that
no Community action should go beyond what is necessary to achieve the
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 free to add other parameters
if they see fit;
(3)
Whereas, in accordance with the principle of subsidiarity, Community
action must support and supplement action by the competent authorities
in the Member States;
(4)
Whereas, in accordance with the principle of subsidiarity, the natural
and 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 from the
establishment of the framework of laws, regulations and administrative
provisions laid down in this Directive;
(5)
Whereas Community standards for essential and preventive health-related
quality parameters in water intended for human consumption are
necessary if minimum environmental-quality goals to be achieved in
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;
(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 such water does not affect
the wholesomeness of the finished product;
(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 (6) and Directive 98/8/EC of the European Parliament and of the
Council of 16 February 1998 concerning the placing of biocidal products
on the market (7);
(12)
Whereas it is necessary to set individual parametric values for
substances which are important throughout the Community at a level
strict enough to ensure that this Directive's purpose can be
achieved;
(13)
Whereas the parametric values are based on the scientific knowledge
available and the precautionary principle has also been taken into
account; whereas those values have been selected to ensure that water
intended for human consumption can be consumed safely on a life-long
basis, and thus represent a high level of health protection;
(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 human consumption should be based on
public-health considerations and on a method of assessing risk;
(15)
Whereas there is at present insufficient evidence on which to base
parametric values 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;
(16)
Whereas in particular the standards in Annex I are generally based on
the World Health Organisation's 'Guidelines for drinking water
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 and inspection
of water intended for human consumption;
(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;
(20)
Whereas Member States are bound, when introducing or maintaining more
stringent 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 its
maintenance may be the responsibility of the Member States;
(23)
Whereas each Member State should establish monitoring programmes to
check that water intended for human consumption meets the requirements
of this Directive; whereas such monitoring programmes should be
appropriate to local needs and should meet the minimum monitoring
requirements laid down in this Directive;
(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;
(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;
(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 framework for such derogations,
provided that they must not constitute a potential danger to human
health and provided that the supply of water intended for human
consumption in the area concerned cannot otherwise be maintained by any
other reasonable means;
(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;
(31)
Whereas scientific and technical progress may necessitate rapid
adaptation of the technical requirements laid down in Annexes II and
III; whereas, furthermore, in order to 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;
(32)
Whereas consumers should be adequately and appropriately informed of
the quality of water intended for human 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 individual to obtain adequate information
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,
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 from the
adverse effects of any contamination of water intended for human
consumption by ensuring that it is wholesome and clean.
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 consumption unless the competent national
authorities are satisfied that the quality of the water cannot affect
the wholesomeness of the foodstuff in its finished form;
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 law.
Article 3
Exemptions
1. This
Directive shall not apply to:
(a)
natural mineral waters recognised as such by the competent national
authorities, in accordance with 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 (8);
(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 (9).
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 m? 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
intended for human consumption shall be wholesome and clean if it:
(a) is
free from any micro-organisms and parasites and from any substances
which, in numbers or concentrations, constitute a potential danger to
human health, and
(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;
(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;
(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 except in
premises and establishments where water is supplied to the public, such
as schools, hospitals and restaurants.
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 disinfection forms part of the
preparation or distribution of water intended for human consumption,
the efficiency of the disinfection treatment applied is verified, and
that any contamination from disinfection by-products is kept as low as
possible without compromising the disinfection.
2. To
meet the obligations imposed in paragraph 1, appropriate monitoring
programmes shall be established by the competent authorities for all
water intended for 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 shall comply with the specifications for the analyses of
parameters set out in Annex III.
(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.
6.
Member States shall ensure that 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.
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.
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 inter alia to
the extent to which the relevant parametric value has been exceeded and
to the 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 shall consider
whether 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.
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
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 not exceeding three years. The Commission
shall take a decision on any such request within three months.
3. Any
derogation granted in accordance with paragraphs 1 or 2 shall specify
the following:
(a) the
grounds for the derogation;
(b) the
parameter concerned, previous relevant monitoring results, and the
maximum permissible value under the derogation;
(c) the
geographical area, the 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.
4. If
the competent authorities consider 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.
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.
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.
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.
7. With
the exception of derogations granted in accordance with paragraph 4 a
Member State shall inform the Commission within two months of any
derogation concerning an individual supply of water exceeding 1 000 m?
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.
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; the interpretative document and technical
specifications pursuant to Article 3 and Article 4 (1) of Council
Directive 89/106/EEC of 21 December 1988 on the approximation of laws,
regulations and administrative provisions of the Member States relating
to construction products (10) shall respect the requirements of this
Directive.
Article 11
Review of Annexes
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.
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.
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 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.
3. The
Commission shall adopt measures which shall apply immediately. However,
if those measures are not in accordance with the committee's opinion,
the Commission shall communicate them to the Council forthwith. In that
event:
(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 (11), 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. The first report shall cover the years 2002, 2003 and 2004.
Each report shall include, as a minimum, all individual supplies of
water exceeding 1 000 m? 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 Article 3(2), Article 5(2) and (3), Article 7(2),
Article 8, Article 9(6) and (7) and 15(1), and shall if necessary be
amended in accordance with the procedure laid down in Article 12.
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.
6.
Together with the first report on this Directive as mentioned in
paragraph 2, Member States shall also produce a report to be forwarded
to the Commission on the measures they have taken or plan to take to
fulfill their obligations pursuant to Article 6(3) and Annex I, Part B,
note 10. The Commission shall submit, as appropriate, a proposal on the
format of this report in accordance with the procedure laid down in
Article 12.
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 to water intended for human consumption
offered for sale in bottles or containers.
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 State 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 prejudice to Member States' obligations
regarding deadlines for transposition into national law and for
application as shown in Annex IV.
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.
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 17
Transposition into national law
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 official publication. The methods of making such
references shall be laid down by the Member States.
2. The
Member States shall communicate to the Commission the texts of the
provisions of national law which they adopt in the field covered by
this Directive.
Article 18
Entry into force
This
Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Communities.
Article 19
Addressees
This
Directive is addressed to the Member States.
Done at
Brussels, 3 November 1998.
For the
Council
The
President
B.
PRAMMER
(1) OJ C
131, 30.5.1995, p. 5 and
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. 133), Council common position of 19 December 1997 (OJ C
91, 26.3.1998, p. 1) and Decision of the European Parliament of 13 May
1998 (OJ C 167, 1.6.1998, p. 92).
(5) OJ L
229, 30.8.1980, p. 11. Directive as last amended by the 1994 Act of
Accession.
(6) 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).
(7) OJ L
123, 24.4.1998, p. 1.
(8) 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).
(9) OJ
22 9.2.1965, p. 369. Directive as last amended by Directive 93/39/EEC
(OJ L 214, 24.8.1993, p. 22).
(10) 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).
(11) OJ
L 158, 23.6.1990, p. 56.
ANNEX I
PARAMETERS
AND PARAMETRIC VALUES
PART A
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The
following applies to water offered for sale in bottles or containers:
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PART B
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PART C
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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 the 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 (1*).
Note 2:
Necessary only if the water originates from or is influenced by surface
water (2*).
Note 3:
Necessary only when chloramination is used as a disinfectant (3*).
Note 4:
Necessary only in the case of water offered for sale in bottles or
containers.
2. Audit
monitoring
The
purpose of audit monitoring is to provide the information necessary to
determine whether or not 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. This paragraph does not apply to the
parameters for radioactivity, which, subject to Notes 8, 9 and 10 in
Annex I, Part C, will be monitored in accordance with monitoring
requirements adopted under Article 12.
TABLE B1
Minimum frequency of sampling and analyses for water intended 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.
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Note 1:
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.
Note 2:
The volumes are calculated as averages taken over a calendar year. A
Member State may use the number of inhabitants in a supply zone instead
of the volume of water to determine the minimum frequency, assuming a
water consumption of 200 l/day/capita.
Note 3:
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.
Note 4:
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.
TABLE B2
Minimum frequency of sampling and analysis for water put into bottles
or containers intended for sale
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(1*) In all
other cases, the parameters are in the list for audit monitoring.
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 ± 1 °C for 21 ± 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:
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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:
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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.
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2.2. For
hydrogen ion concentration the specified performance characteristics
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
(1*): Trueness is the systematic error and is the difference between
the mean value of the large number of repeated measurements and the
true value.
Note 2
(2*): Precision is the random error and is usually expressed as the
standard deviation (within and between batch) of the spread of results
about the mean. Acceptable precision is twice the relative standard
deviation.
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.
Note 4:
The method should determine total cyanide in all forms.
Note 5:
Oxidation should be carried out for 10 minutes at 100 °C under acid
conditions using permanganate.
Note 6:
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.
Note 7:
The performance characteristics apply to the individual substances
specified at 25 % of the parametric value in Annex I.
Note 8:
The performance characteristics apply to the individual substances
specified at 50 % of the parametric value in Annex I.
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.
(1*)
These terms are further defined in ISO 5725.
ANNEX
IV
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ANNEX V
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Corrigendum to Council Directive 98/83/EC of 3 November
1998 on the quality of water intended for human consumption (OJ L 330
of 5.12.1998)
Official Journal L 111 , 20/04/2001 P. 0031 - 0031
EN FR
Corrigendum
to Council Directive 98/83/EC of 3 November 1998 on the quality of
water intended for human consumption
(Official
Journal of the European Communities L 330 of 5 December 1998)
On page 45
in the Annex, part C, Note 10, point 2:
for:
"... the levels of tritium of the calculated total indicative dose ...",
read:
"... the levels of tritium or the calculated total indicative dose ...".
CORRIGENDUM TO:
Council Directive 98/83/EC of 3 November 1998 on the
quality of water intended for human consumption
Official Journal L 045 , 19/02/1999 P. 0055 - 0055
DE
/* A
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