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RECOMMENDATION FOR SECOND READING (06230/3/2020 – C90354/2020 – 2017/0332(COD))

On the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast)

A-9-2020-0241

Committee on the Environment, Public Health and Food Safety · Rapporteur: Christophe Hansen

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The report recommends that Parliament approve the Council's first-reading position on a directive on the quality of water intended for human consumption (recast). The Council position reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second reading stage. The report takes note of two Commission statements annexed to the resolution, on delegated acts and on the procedure for adopting implementing acts.

Committee position. The committee recommends that Parliament approve the Council position at first reading without amending it, since the position reflects the agreement reached in interinstitutional negotiations and the committee had already confirmed that outcome.

Key points

  1. Parliament approves the Council position at first reading on the directive on the quality of water intended for human consumption (recast).
  2. Parliament takes note of the Commission statements annexed to the resolution.
  3. Parliament notes that the act is adopted in accordance with the Council position.
  4. The Commission regrets that the co-legislators limited its power to modify the annexes of the revised Drinking Water Directive to Annex III, while it had sought to modify Annexes I to IV.
  5. The Commission specifically regrets that the co-legislators did not agree on a power to amend Annex II, which it says is needed to update monitoring requirements to scientific and technical progress.
  6. The Commission states that invoking point (b) of the second subparagraph of Article 5(4) of Regulation (EU) No 182/2011 without proper justification is contrary to the letter and spirit of that regulation.
  7. The Commission says recourse to that provision must respond to a specific need to depart from the rule that it may adopt a draft implementing act when no opinion is delivered, and must be interpreted restrictively and justified.
  8. The rapporteur proposes that the Committee on the Environment, Public Health and Food Safety recommend that the plenary confirm the Council position at first reading without amending it.

Who is affected

  • People relying on water intended for human consumption, covered by the directive on its quality.
  • The Commission, whose powers to modify the directive's annexes are limited to Annex III.
  • The co-legislators, Parliament and the Council, whose choice on implementing acts is criticised by the Commission.

Figures and deadlines

  • Annex III: the only annex the Commission may modify under the revised Drinking Water Directive.
  • Annexes I to IV: the annexes the Commission had sought a power to modify in its original proposal.
  • Annex II: the annex the Commission specifically regrets it cannot amend.
  • Article 5(4), second subparagraph, point (b), of Regulation (EU) No 182/2011: the provision whose invocation the Commission says must be justified.

Legal basis: Article 294(7) of the Treaty on the Functioning of the European Union.