EU Commission Seeks Public Feedback on Drinking Water Directive Regulations

This blog was originally posted on the 12th October 2023. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY KELLY BUGIERA, SENIOR REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE AND RISKS.

On 27 September, the EU Commission published a series of Commission Delegated Regulations and Implementing Decisions pursuant to the EU Drinking Water Directive (EU) 2020/2184. These can be summarised as follows:

• Draft Commission Delegated Regulation supplementing Directive (EU) 2020/2184 laying down the procedure regarding inclusion in or removal from the European positive lists of starting substances, compositions and constituents – Directive (EU) No 2020/2184 includes minimum hygiene requirements for materials that come into contact with water that is intended for human consumption. This proposal was drafted to establish the procedure to amend the European Positive Lists of substances, compositions or constituents established per Article 11(2)(b) of Directive (EU) 2020/2184.
• Draft Commission Delegated Regulation supplementing Directive (EU) 2020/2184 laying down conformity assessment procedures for products that come into contact with water intended for human consumption and the rules for the designation of conformity assessment bodies involved in those procedures – As noted, Directive (EU) No 2020/2184 includes minimum hygiene requirements for materials that come into contact with water intended for human consumption. This proposal establishes the procedure to assess whether or not a product that is covered by the regulation complies with the minimum hygiene requirements per Article 11 of Directive (EU) 2020/2184.
• Draft Commission Implementing Decision laying down rules for the application of Directive (EU) 2020/2184 as regards methodologies for testing and accepting starting substances, compositions and constituents to be included in the European positive lists – This proposal pertains to the testing and acceptance of starting substances, compositions and constituents. The methodologies that are referred to in Article 11(2), point (a), of Directive (EU) 2020/2184 shall apply to: – starting substance for organic materials; – organic constituent of cementitious materials; – composition of metallic materials; – composition of enamels, ceramic other inorganic materials.
• Draft Commission Delegated Regulation supplementing Directive (EU) No 2020/2184 establishing harmonised specifications for the marking of products that come into contact with water intended for human consumption  – As previously stated, Directive (EU) No 2020/2184 includes minimum hygiene requirements for materials that come into contact with water intended for human consumption. While another Commission Delegated Regulation is to define the procedure to be used to assess whether or not a covered product complies with the hygiene requirements per Article 11 of Directive (EU) 2020/2184, this proposal establishes harmonised specifications for a conspicuous, clearly legible and indelible marking that is to be used to show that products coming into contact with water that is for human consumption are in compliance with Article 11 of Directive (EU) 2020/2184.
• Draft Commission Implementing Decision laying down rules for the application of Directive (EU) 2020/2184 as regards the procedures and methods for testing and accepting final materials as used in products that come into contact with water intended for human consumption – The procedures and methods for the testing and acceptance of the final materials used in products per Article 11(2), point (c), of Directive (EU) 2020/2184 are established in the Annexes I to IV of this proposal.
• Draft Commission Implementing Decision laying down rules for the application of Directive (EU) 2020/2184 by establishing the European positive lists of starting substances, compositions and constituents authorised for use in the manufacture of materials or products that come into contact with water intended for human consumption – This Decision establishes: – European positive list of starting substances for organic materials and groups of starting substances for organic materials per Tables 1 and 2 of Annex I; – European positive list of compositions of metallic materials and groups of compositions for metallic materials per the information in Tables 1 and 2 of Annex II; – European positive list of organic constituents of cementitious materials and groups of organic constituents for cementitious materials as established in Tables 2 and 3 of Annex III; – European positive list of compositions of enamels, ceramic and other inorganic materials as included in Table 1 of Annex IV.

We are keeping a close eye on developments associated with these Drafts. Please note that comments on all of these proposals are due by 26 November 2023.

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