Directive (EU) 2020/2184 of the European Parliament and of the CouncilShow full title

Article 8 U.K. Risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption

1. Without prejudice to Articles 4 to 8 of Directive 2000/60/EC, Member States shall ensure that risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption are carried out.

2. Member States shall ensure that the risk assessment includes the following elements:

(a) characterisation of the catchment areas for abstraction points including:

(i)

identification and mapping of the catchment areas for abstraction points;

(ii)

mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC;

(iii)

geo-references for all abstraction points in the catchment areas; given that those data are potentially sensitive, in particular in the context of public health and public security, the Member States shall ensure that such data are protected and communicated only to the relevant authorities and water suppliers;

(iv)

description of land-use, runoff, and recharge processes in the catchment areas for abstraction points;

(b) identification of hazards and hazardous events in the catchment areas for abstraction points and an assessment of the risk they could pose to the quality of water intended for human consumption; that assessment shall assess potential risks that might cause deterioration of the water quality to the extent that it could constitute a risk to human health;

(c) appropriate monitoring in surface water or groundwater, or both, in the catchment areas for abstraction points, or in raw water, of relevant parameters, substances or pollutants selected from the following:

(i)

parameters in Parts A and B of Annex I or set in accordance with Article 5(3) of this Directive;

(ii)

groundwater pollutants in Annex I to Directive 2006/118/EC of the European Parliament and of the Council(1), and pollutants and indicators of pollution for which threshold values have been established by Member States in accordance with Annex II to that Directive;

(iii)

priority substances and certain other pollutants in Annex I to Directive 2008/105/EC of the European Parliament and of the Council(2);

(iv)

river basin specific pollutants established by Member States in accordance with Directive 2000/60/EC;

(v)

other pollutants relevant for water intended for human consumption established by Member States on the basis of the information collected in accordance with point (b) of this subparagraph;

(vi)

naturally occurring substances that could constitute a potential danger for human health through use of water intended for human consumption;

(vii)

substances and compounds included in the watch list as established in accordance with Article 13(8) of this Directive.

For the purposes of point (a) of the first subparagraph, Member States may use information collected in accordance with Articles 5 and 7 of Directive 2000/60/EC.

For the purposes of point (b) of the first subparagraph, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with points 1.4, 1.5 and 2.3 to 2.5 of Annex II to that Directive.

Member States shall select from points (c)(i) to (c)(vii) of the first subparagraph the parameters, substances or pollutants that are considered relevant for monitoring in light of the hazards and hazardous events identified under point (b) of the first subparagraph or in light of the information provided by the water suppliers in accordance with paragraph 3.

For the purpose of appropriate monitoring as referred to in point (c) of the first subparagraph, including to detect new substances that are harmful to human health through use of water intended for human consumption, Member States may use the monitoring performed in accordance with Articles 7 and 8 of Directive 2000/60/EC or other Union legislation and relevant to the catchment areas for abstraction points.

3. Water suppliers that perform monitoring in the catchment areas for abstraction points or in raw water shall be required to inform the competent authorities of trends in, and of unusual numbers or concentrations of, monitored parameters, substances or pollutants.

4. On the basis of the outcome of the risk assessment carried out in accordance with paragraph 2, Member States shall ensure that the following risk management measures to prevent or control the risks identified are taken as relevant, starting with the preventive measures:

(a) defining and implementing preventive measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance with point (d) of Article 11(3) of Directive 2000/60/EC, where required to safeguard the quality of the water intended for human consumption; where appropriate, those preventive measures shall be included in the programmes of measures referred to in Article 11 of that Directive; where appropriate, Member States shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such preventive measures in accordance with Directive 2000/60/EC;

(b) defining and implementing mitigation measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance with point (d) of Article 11(3) of Directive 2000/60/EC, where required to safeguard the quality of the water intended for human consumption; where appropriate, those mitigation measures shall be included in the programmes of measures referred to in Article 11 of that Directive; where appropriate, Member States shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such mitigation measures in accordance with Directive 2000/60/EC;

(c) ensuring appropriate monitoring of parameters, substances or pollutants in surface water or groundwater, or both, in the catchment areas for abstraction points, or in raw water, that could constitute a risk to human health through water consumption or lead to unacceptable deterioration of the quality of water intended for human consumption and that have not been taken into consideration in the monitoring performed in accordance with Articles 7 and 8 of Directive 2000/60/EC; where appropriate, this monitoring shall be included in the monitoring programmes referred to in Article 8 of that Directive;

(d) evaluation of the need to establish or adapt safeguard zones for groundwater and surface water, as referred to in Article 7(3) of Directive 2000/60/EC, and any other relevant zones.

Member States shall ensure that the effectiveness of any measures referred to in this paragraph is reviewed at appropriate intervals.

5. Member States shall ensure that water suppliers and competent authorities have access to the information referred to in paragraphs 2 and 3. In particular, relevant water suppliers shall have access to the monitoring results obtained under point (c) of the first subparagraph of paragraph 2.

On the basis of the information referred to in paragraphs 2 and 3, Member States may:

(a) require water suppliers to perform additional monitoring or treatment of certain parameters;

(b) allow water suppliers to decrease the monitoring frequency of a parameter, or to remove a parameter from the list of parameters to be monitored by the water supplier in accordance with point (a) of Article 13(2), without being required to carry out a risk assessment of the supply system, provided that:

(i)

the parameter is not a core parameter within the meaning of point 1 of Part B of Annex II; and

(ii)

no factor that can be reasonably anticipated is likely to cause deterioration of the quality of water intended for human consumption.

6. Where a water supplier is allowed to decrease the monitoring frequency of a parameter or remove a parameter from the list of parameters to be monitored, as referred to in point (b) of the second subparagraph of paragraph 5, Member States shall ensure that appropriate monitoring of those parameters is performed when reviewing the risk assessment and risk management of the catchment areas for abstraction points, in accordance with Article 7(4).

(1)

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 (OJ L 372, 27.12.2006, p. 19).

(2)

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 (OJ L 348, 24.12.2008, p. 84).