Twinning Project Poland / Germany German Federal Ministry of Health Division 324 „Drinking Water“

1. Twinning Project Poland / Germany • German Federal Ministry of Health • Division 324 „Drinking Water“

2. Revision of the Drinking Water Directive (DWD)‏ http://ec.europa.eu/environment/water/water-drink/index_en.html here link to CIRCA with documents

3. Main subjects in view of COM • Water Safety Plans (WSP)‏ • Revision chem. parameters + new grouping • Revision microbiol. parameters • Small supplies (provisions, surveillance, reporting)‏ • EAS only general and (only) for construction products (CP) in contact with drinking water (DW)‏ • Standardisation of monitoring, sampling, analyses • Impact-Assessment (not EAS, not DW-installation)‏ • clear separation from food law, bottled water

4. Proposal from several MS to amend the DWD • Article 10 • Quality assurance of treatment, equipment and materials • 1. Member States shall take all measures necessary to ensure that substances or materials for new installations used in the preparation, production, or distribution of water intended for human consumption or impurities associated with such substances or materials for new installations • a) do not remain in water intended for human consumption in concentrations higher than is necessary for the purpose of their use, and • b) do not, either directly or indirectly, reduce the protection of human health provided for in this Directive and • c) do not lead to a water quality unacceptable to consumers regarding organoleptic parameters.

5. Proposal continued 2. Measures required under paragraph 1 shall include the authorisation of the use of substances and materials on basis of the framework for assessing and controlling the health risks set out in Annex IV. Member States shall notify their authorisation scheme in accordance with Directive 98/34/EC 3. A Member State is deemed to comply with the requirement set out under paragraph 2 where it refers in its national regulations to notified authorisation schemes established by other Member States. 4. Community guidelines for the assessment required under paragraph 2 may be drawn up and revised in accordance with the procedure laid down in Article 12. 5. The interpretive 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 shall respect the requirements of this Directive. PM Reference to other directives, e.g. Biocides Directive (disinfectants), Public Procurement Directive, water heaters, water meters, …

6. Proposal continued Article 11 Review of annexes (-)‏ 2. At least every five years, the Commission shall adapt Annexes II, III and IV to scientific and technical progress. Such changes as are necessary shall be adopted in accordance with the procedure laid down in Article 12.

7. Proposal continued • Elements to be included in Annex IV • Framework for assessing and controlling • 1. Introduction • 1.1 Linking annex to Article 10, Article 4 (all substances) and Annex I (specific parameters)‏ • 1.2 Reference to new WSP provisions • 1.3 Reference to relevant product directives, inter alia CPD and Biocides Directive

8. Proposal continued • 2. General framework • 2.1 Scope (from source to tap) • 2.2 Assessment on basis of full formulation of substances and materials • 2.3 Assessment criteria (organoleptic, general hygienic, migration of specific substances, screening of unsuspected substances and enhancement of microbial growth). • 2.4 Setting of acceptance levels (common principles) • 2.5 Listing of approved substances and materials (general). Reference to common lists to be set up in accordance with Article 10.4 (new), including reference to Commission Directive 2002/72/EC) • 2.6 Approach to testing related to material types (matrix to be taken from EAS proposal; organic, metallic, cementitious materials); details of regulatory issues such as number of migrations, temperature of test waters and conversion principles in community guidelines to be established in accordance with Article 10.4 (new). • 2.7 Treatment chemicals: Reference to existing EN-standards • 2.8 Reference to CEN supporting test standards and harmonised product standards • 3. Quality assurance (third party testing and auditing) • 4. Notification and reporting requirements

9. Responsibilities for water Rawwater within waterworks upto drinking water until it leaves the tap of the consumer Ministry of Health Drinking water after the tap Ministry of Food, Agriculture and Consumer Protection Groundwater Surfacewater Ministry for the Environment, Nature Conservation and Nuclear Safety Water Supply in cases of emergency Ministry of the Interior Administrative Aspects of Water Supply Ministry of Economics, Labour and Technology

10. Private sector Administration DIN and DVGW -product standards - test methods UBA-guidelines §§ Drinking Water Ordinance certification of products Overview on principle of regulations in Germany

11. FIRST BARRIER: Consistent protection of drinking water resources • Consistent Protection of Drinking Water Resources: • Drinking Water Protection Areas • Monitoring • Sustainable Protection of Drinking Water Resources: • Drinking Water Protection Areas • Monitoring

12. SECOND BARRIER: Water Supply on the Basis of Technical Standards Water supply companies are responsible for abstraction, treatment, storage, transport and distribution of drinking water. Technical Standards shall be met as well as the legal requirements of the EU for drinking water quality. • Drinking Water Supply: • Abstraction • Treatment • Storage • Transport • Distribution • according to generally acknowledged technical standards

13. THIRD BARRIER: Safe Domestic Water Installation Moreover safety devices shall be mounted to prevent backsiphonage of water, i.e. by using backflow preventers Only qualified plumbers - no Do-it-yourself men - shall be entrusted for the work in the domestic installation! Backflow preventer

14. The MULTI-BARRIER SYSTEM: Basis for a Modern Drinking Water Supply in Europe • The interaction of all three barriers: • consistent protection of the water resources • design, construction and operation of water supply system in line with Technical Standards (DIN, DVGW)‏ • professional expert planning, installation and operation of domestic installations according to the Technical Standards by qualified plumbers guarantees that consumer is supplied with highest quality drinking water at the tap!

15. Main Regulations in Germany • Federal water act (impl. 00/60/EC)‏ • water resources legislation in 16 federal states (states water acts)‏ • Basic provisions relating to water resources management measures • Drinking Water Ordinance2001(impl. 98/83/EC)‏ • authorisation given in protection against infection act 2000 • responsibility for execution lies with the federal states (Länder)‏ • Ordinance on general conditions for the water supply • Several ordinances in the 16 federal states • e.g. self control of raw water

16. Execution lies with the federal states No influence by ministry !

17. Drinking water ordinance: Contents • Specific requirements for the quality of drinking water and of water for food production and for drinking water treatment • Provisions on drinking water quality, obligations of operators of water supply facilities and supervision of operators by the health authorities with respect to hygiene • Limit values for substances harmful to health (e.g. heavy metals, nitrates, organic compounds) and pathogens; defines the scope and frequency of surveillance • No specifications to implement these limits, e.g. what pipe materials to use for compliance • Only general requirements, refering to „generally acknowledged technical standards“

18. Link between compliance with Technical Standards and quality of drinking water in the German Drinking Water Ordinance: § 4 (1) Water intended for human consumption must be free from pathogens, wholesome and clean. This requirement is deemed to be fulfilled if the generally acknowledged technical standards are complied with during abstraction, treatment and distribution and the water intended for human consumption meets the requirements laid down in sections 5 to 7.

19. German Drinking Water Ordinance: § 17 Special requirements (1) For the construction or maintenance of installations for the treatment or distribution of water intended for human consumption only materials may be used that, when coming into contact with water, do not shed any substances in concentrations higher than unavoidable according to the generally acknowledged technical standards, or directly or indirectly lessen the protection of human health provided for in this Ordinance, or alter the smell or taste of the water; section 31 of the Act on Foods and Commodities as published on 9 September 1997 (BGBl. I p. 2296) shall not be affected. The requirement of sentence 1 shall be deemed to be fulfilled if the planning, construction and operation of the installations comply at least with the generally acknowledged technical standards.

20. German Drinking Water Ordinance: § 17 Special requirements (2) Water supply installations from which water intended for human consumption is supplied must not be connected with water-bearing parts which carry water or remove water that is not intended for human consumption within the meaning of section 3 no. 1. The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 must colour-code the pipes of different supply systems in a durable way or have them colour-coded during the assembly of these systems. They must durably mark the taps of water that is not intended for human consumption within the meaning of section 3 no. 1 or have them marked as these taps are mounted.

21. Ordinance stipulating the general terms and conditions governing water supply • Section 12 • Customer fitting • (1) The customer served by the connection is responsible for the proper installation, extension, alteration and maintenance of the fitting upstream of the house service connection, with the exception of the meters provided by the water supply undertaker. If he has leased or otherwise permitted the use of the fitting to a third party, he is additionally responsible to the latter. • (2) The fitting may be installed, extended, altered and maintained only in line with the provisions of this Ordinance and other statutory or regulatory provisions as well as according to the recognised technical standards. The installation of the fitting and material changes to it may only be carried out by the water supply undertaker or a plumber registered in a water supply undertaker's plumber directory. The water supply undertaker is entitled to supervise the execution of the work. • (3) Elements of the fitting upstream of the meters can be sealed. Likewise, elements of the fitting that are part of the customer fitting, can be sealed in order to ensure proper metering. Equipping the fitting as required for that purpose shall be arranged for as specified by the water supply undertaker. • (4) Only materials and devices that comply with the recognised technical standards may be used. The logo of a recognised inspection authority (such as DIN-DVGW, DVGW or GS marks) attests to compliance with the requirements. • (5) The elements of the house service connection that are in the customer's ownership and which he is obliged to maintain under section 10(6), are elements of the customer fitting.