Legal provisions of COM(2012)147 - Requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2012)147 - Requirements for the protection of the health of the general public with regard to radioactive substances in water intended ...
document COM(2012)147 EN
date March 28, 2012


Article1 Subject matter

This Directive lays down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption. It sets out parametric values, frequencies and methods for monitoring radioactive substances.

Contents

Article 2 - Definitions

For the purposes of this Directive, definitions laid down in Article 2 of Council Directive 98/83/EC shall apply.

Article 3 - Scope

This Directive shall apply to water intended for human consumption with the exemptions set out in Article 3(1) of Directive 98/83/EC and laid down in accordance with Article 3(2) of that Directive.

Article 4 - General obligations

Without prejudice to the provisions laid down in Article 6(3)a of Directive 96/29/Euratom, Member States shall take all measures necessary to establish an appropriate monitoring programme to ensure that water intended for human consumption complies with the parametric values established in accordance with this Directive.

Article 5 - Parametric values

Member States shall set parametric values applicable for the monitoring of radioactive substances in water intended for human consumption in accordance with Annex I; for water put into bottles or containers intended for sale this shall be without prejudice to the principles of hazard analysis and critical control points (HACCP) as required by Regulation (EC) No 852/2004.

Article 6 - Monitoring

Member States shall ensure regular monitoring of water intended for human consumption in accordance with Annex II in order to check that the concentrations of radioactive substances do not exceed the parametric values laid down in accordance with Article 5.

Article 7 - Sampling locations

Member States may take samples:

(a) in the case of water supplied from a distribution network, at the point within the supply zone or at the treatment works if it can be demonstrated that such sampling gives the same or higher measured value of the parameters concerned;

(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 waer 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.

Article 8 - Sampling and analysis

1. Samples representative of the quality of the water consumed throughout the year shall be taken and analysed in accordance with the methods set out in Annex III.

2. Member States shall ensure that all laboratories analysing samples of water intended for human consumption have a system of analytical quality control. They shall ensure that that system is subject to occasional checks by an independent controller approved by the competent authority for that purpose.

Article 9 - Remedial action and notification of consumers

1. Member States shall ensure that any failure to comply with the parametric values laid down in accordance with Article 5 is immediately investigated in order to identify its cause.

2. Where a failure to comply with the parametric values laid down in accordance with Article 5 occurs, the Member State shall assess whether the failure poses a risk to human health. In the event that there is such a risk, the Member State shall take remedial action to restore the quality of the water.

3. Where the risk to human health cannot be regarded as trivial, the Member State shall ensure that consumers are notified.

Article 10 - Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after the date referred to in Article 11- specific date to be inserted by the Publications Office] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 11 - Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 12 - Addressees

This Directive is addressed to the Member States.