legislation-profile
legislation-profile
Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast)
Scope
The objectives of the Directive are 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, and to improve access to water intended for human consumption. For purposes of the Directive, 'water intended for human consumption' means: (a) all water, either in its original state or 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 a distribution network, supplied from a tanker or put into bottles or containers, including spring waters; (b) all water used in any food business for the manufacture, processing, preservation or marketing of products or substances intended for human consumption. Please note that Directive (EU) 2020/2184 has repealed Council Directive 98/83/EC on the quality of water intended for human consumption. Directive (EU) 2020/2184 began to apply from 13 January 2023. Nevertheless, Article 25 provides for a transitional period for Bisphenol A, Chlorate, Chlorite, Haloacetic Acids, Microcystin-LR, PFAS Total, Sum of PFAS and Uranium – by 12 January 2026 Member States shall take the measures necessary to ensure compliance, and water suppliers will be required to monitor the above parameters.
Exemptions
Exemptions and possible derogations are defined in Article 3: 1. This Directive shall not apply to: (a) natural mineral waters recognised as such by the responsible authority, as referred to in Directive 2009/54/EC (but not spring water); or (b) waters which are medicinal products within the meaning of Directive 2001/83/EC. 2. Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Articles 1 to 6 and Articles 9, 10, 13 and 14 of this Directive and its relevant Annexes. 3. Member States may exempt from 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. (…) 5. Member States may exempt, under certain conditions, food business operators from this Directive as regards the water used for the specific purposes of the food business, if the competent national authorities are satisfied that the quality of such water cannot affect the safety of the foodstuff in its finished form. Member States shall ensure that producers of water intended for human consumption that is put into bottles or containers comply with Articles 1 to 5 and Parts A and B of Annex I. 6. Water suppliers supplying less than 10 m3 a day as an average or serving fewer than 50 persons as part of a commercial or public activity shall only be subject to Articles 1 to 6 and Articles 13, 14 and 15 of this Directive and its relevant Annexes.
Regulatory activities
For Member States: 1. Quality standards Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I. The values shall not be less stringent that those set out in Annex I. As regards the parameters set out in Part C of Annex I, the values shall be set only for monitoring purposes. 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. (Article 5) 2. Risk assessment and risk management Member States shall ensure that risk assessment and risk management of the supply system are carried out by the water supplier (Article 9). Risk assessment of domestic distribution systems shall also be carried out, including monitoring of the parameters listed in Part D of Annex I in premises where specific risks to water quality and human health have been identified during the general analysis. (Article 10) 3. Minimum hygiene requirements for materials that come into contact with water intended for human consumption By 12 January 2025, the European Commission shall adopt European positive lists of starting substances, compositions, or constituents for each group of materials (namely organic, cementitious, metallic, enamels and ceramic or other inorganic materials), which are authorised for use in the manufacture of materials or products in contact with water intended for human consumption. (Article 11) 4. Minimum requirements for treatment chemicals and filter media that come into contact with water intended for human consumption Member States shall ensure that treatment chemicals and filter media that come into contact with water intended for human consumption do not: directly or indirectly compromise the protection of human health, adversely affect the colour, odour or taste of the water; unintentionally enhance microbial growth; contaminate the water at levels that are higher than necessary in view of the intended purpose. (Article 12) 5. Monitoring MS shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out. 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 accordance with this Article and Parts A and B of Annex II. (Article 13) 6. Remedial action and restrictions in use Member State concerned shall ensure that the necessary remedial action is taken as soon as possible to restore the quality of that water. In the event of non-compliance with the parametric values set out in Part D of Annex I, remedial action shall include the measures set out in Article 10(3). Member States shall consider a failure to meet the minimum requirements for parametric values set out in Parts A and B of Annex I as a potential danger to human health, except where the competent authority considers the non-compliance with the parametric value to be trivial. (Article 14) 7. Derogations Under certain circumstances, 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. (Article 15) 8. Information and Reporting Member States shall ensure that all persons supplied with water intended for human consumption receive various information regularly and at least once a year, without having to request it, and in the most appropriate and easily accessible form, for example on invoices or by digital means such as smart applications. (Article 17) Member States shall also set up and periodically update various data sets. The European Commission, the EEA and the European Centre for Disease Prevention and Control will have access to the data sets. (Article 18)
Relevant product types
Not applicable
Reference documents
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral water Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
Obligations based on CLP hazard class
No
Obligations based on properties of concerns
No
EU-level occupational exposure limits
No
EU-level emission limit values
No
Substance-centric data source(s) at the EU level
Yes 1. Water Information System for Europe (WISE) The Water Information System for Europe (WISE) is a partnership between the European Commission and The European Environment Agency). WISE was launched for public use as a web-based service on 22 March (World Water Day) 2007 providing a web-portal entry to water related information ranging from inland waters to marine. The web-portal is now grouped into sections for: - Policy and Reporting (directives, implementation reports and supporting activities) - Data, maps and tools (reported datasets, interactive maps, statistics, indicators) - Countries (country profiles across Europe) 2. European Environment Agency (EEA) The webpage of the European Environment Agency provides information organized through topics, countries, data and maps, or indicators.
Industry submission system in place
Not specified
Format for industry submission
Not specified
Owner
DG Environment
Update process
DG SANTE / EFSA At least every five years, the Commission shall review Annexes I and II. The Commission is empowered to adopt delegated acts, to amend the parametric value of Bisphenol A in Part B of Annex I, to the extent necessary to adapt it to scientific and technical progress (essentially based on the ongoing review carried out by EFSA), or to amend Annex III where necessary to adapt it to scientific and technical progress. (Article 20)
Amendments
None
