Drinking water

V.2.1. Public health objectives

Today’s key legal act governing the quality of drinking water is the directive on the quality of water intended for human consumption (Drinking Water Directive)¹⁹⁵. The objective of the Directive is the high level of health protection by way of ensuring that the water consumed as drinking water or in foods remains safe on a life-long basis. To this end the Directive:

- sets drinking water quality standards,

- provides for the monitoring, assessment and enforcement of drinking water quality, - provides for the adequate information to consumers on drinking water quality and

supply.

Given its narrow public health-focus, the Drinking Water Directive does not address the question of resource conservation and management, nor the public service aspects of water supply.

194 Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water; Council Directive 80/777/EEC of 15 July 1980 relating to the quality of water intended for human consumption

195 Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption.

V.2.2. The scope of application: what is drinking water?

The Directive applies to all “water intended for human consumption” that includes water used for drinking, cooking, food preparation or other domestic purposes. Accordingly, the Directive has a broad scope of application for it covers:

- all distribution systems serving more than 50 people or supplying more than 10 m³ per day as well as individual supplies serving less than 50 people or supplying less than 10 m³ per day, if the water is provided as part of an economic activity;

- drinking water from tankers;

- drinking water in bottles or containers;

- water used in the food-processing industry, unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form.

However, the Drinking Water Directive does not apply to two important sources of water consumption:

- natural mineral waters recognised as such; and

- waters which are medicinal products (these two product categories are subject to separate EU legislation) ¹⁹⁶.

V.2.3. Drinking water quality requirements

The general requirement relating to the quality of water intended for human consumption is that it must be wholesome and clean. It means, on the one hand, that the water is free from any micro-organisms and parasites and from any substances which constitute a potential danger to human health. Second, drinking water must meet the mandatory parametric values defined by the Directive for 5 microbiological and 26 chemical parameters (an additional 20 parameters must be monitored in drinking water)¹⁹⁷.

The points of compliance with the parametric values are as follows:

- for distribution networks: at the tap;

- for tankers: at the point at which the water emerges from the tanker;

- for bottled water: at the point at which the water is put into the bottles or containers;

- for bottled water used in a food-production: at the point where the water is used in the undertaking¹⁹⁸.

196 Art. 2-3, Directive 98/83/EC.

197 Art. 4-5, Annex I-II, Directive 98/83/EC.

198 Art. 6.1 ibid.

V.2.4. Operational requirements

The Drinking Water Directive also lays down a number of operational requirements. These are:

- monitoring of drinking water quality: the Directive provides for the establishment of extensive drinking water quality monitoring according to pre-set requirements.

Importantly, monitoring must cover not only the removal of naturally occurring contaminants, but also any contamination from disinfection by-products¹⁹⁹;

- restrictions in use: if, for any reason, the supply of water intended for human consumption constitutes a potential danger to human health, its use must be prohibited or restricted as well as any other measure be taken to protect human health. Consumers must be informed promptly²⁰⁰. Any failure to meet the parametric values must be investigated and corrected through remedial action as soon as possible;

- economic or technical difficulties: compliance with the parametric values requires large scale infrastructure development and maintenance. Given the scale of the technical complexities and financial implications of the task the Directive creates a system of short and mid-term derogations or transitional measures from the original timeframe for compliance (year 2003). Any such deviation from the parametric values can, however, only be permitted if it does not create a potential danger to human health²⁰¹;

- information to consumers: member states must ensure that adequate up-to-date information on the quality of water for human consumption is available to the consumers.

V.2.5. Protection and management of drinking water sources

The Drinking Water Directive only covers the human health aspects of water consumption, without any substantial mention of the protection of the surface and groundwater bases that are used for abstraction presently or foreseen for such future use. This lacuna is eliminated by the WFD by as follows:

- the general water quality improvement programme of the WFD ensures the protection of and the constant progress in the state of drinking water reserves;

- in addition, the WFD also calls for additional measures:

- the identification of existing and future water bodies (to be) used for the abstraction of water intended for human consumption providing more than 10 m³ a day as an average or serving more than 50 persons. These areas are included in the system of protected areas and must feature in the river basin management plans and programmes of measures;

199 Art. 7.1 ibid.

200 Art. 8.3 ibid.

201 Art. 9, 15, Directive 98/83/EC.

- monitoring of such water bodies if they provide more than 100 m³ a day as an average;

- compliance with good water status for groundwater and surface water bodies;

- avoiding the deterioration of the quality of the waters in order to reduce the level of purification treatment;

- establishment of safeguard zones (optional)²⁰².

V.2.6. The financial basis of resource conservation and water supply: cost recovery

An important factor in the protection of drinking water sources is the introduction of financial incentives for customers to use water efficiently. Thus the WFD required, by the end of 2010, the introduction of water pricing measures in every member state that

- provide adequate incentives for users to use water resources efficiently so as to contribute to the environmental objectives of the WFD;

- ensure that water users (industry, households and agriculture) make an adequate contribution to the recovery of the costs of water services.

When defining their water pricing policies member states may have regard to the social, environmental and economic effects of cost recovery as well as the geographic and climatic conditions of the region or regions affected. Exceptionally specific water uses may be exempted from the principle of cost recovery, provided that this does not compromise the achievement of the environmental objectives of the WFD²⁰³.