Brussels starts enforcement of recast Drinking Water Directive
The European Commission recently initiated procedures against eight Member States for failing to transpose the recast Drinking Water Directive correctly into national law. In June Bulgaria, Greece, Spain, the Netherlands and Portugal received a letter of formal notice and in July letters to Ireland, France and Slovenia were sent. Member States were required to transpose the recast Drinking Water Directive into national law and comply with its provisions by 12 January 2023.
In June Poland was referred directly to Court because it is the only Member State that has not submitted any of the new drinking water rules. In the letters of formal notice that were sent to the eight Member States in June and July, the European Commission mentions the shortcomings of every Member State. Most Member States are facing issues with risk management, monitoring and public information. The Member States now have two months to respond to the issues raised by the Commission. In the absence of satisfactory responses, the European Commission may decide to issue reasoned opinions.
Shortcomings in Bulgaria
In Bulgaria, national law does not correctly reflect the scope of exemptions and derogations provided in the Drinking Water Directive. Risk assessment and risk management required for the drinking water supply system, and aspects regarding the monitoring of the quality of drinking water are falling short.
Shortcomings DWD in Greece
In Greece national law reduces the scope of application of the Drinking Water Directive and does not include all drinking water suppliers.
Shortcomings DWD in Spain
For Spain, shortcomings include reducing the scope of application of the Drinking Water Directive, the lack of specific provisions on risk assessments regarding the drinking water supply system, and no provisions for a periodic review.
Shortcomings DWD in the Netherlands
The Dutch legislation falls short when it comes to monitoring drinking water quality and promoting access to drinking water. The national government is responsible for drinking water supply policy and therefore needs to strengthen its policies to improve oversight of water quality and promote access
Several shortcomings in Portugal
The Portuguese legislation fails to correctly transpose several provisions of the Drinking Water Directive. This includes those related to the scope of application, the extent of the risk assessment regarding the drinking water supply system, the role of the competent authorities, and the products allowed to be in contact with drinking water.
Lack of monitoring and information in France
In France the risk assessment of domestic distribution systems is not properly regulated. Also, the drinking water quality monitoring and mandatory information to be provided to the public is not sufficient.
Lack of temporarily measures in Ireland and Slovenia
For Ireland and Slovenia, the transposition issues mainly concern temporary measures that have to be taken in case of potential danger to human health from drinking water. For example when drinking water is temporarily not in compliance with the standards of the Drinking Water Directive.
Recast Drinking Water Directive
The Drinking Water Directive (DWD), adopted in December 2020, aims to strengthen public health protections by updating water quality standards, addressing emerging pollutants such as microplastics and endocrine disruptors. It also focuses on reducing water loss through leaks. EU Member States were required to incorporate the Directive into national legislation by 12 January 2023.
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