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S.L. 449.63 · Water Intended For Human Consumption (S.L. 449.63)

S.L. 449.63 Art. 9Risk assessment and risk management of the catchmentareasfor abstraction points of water intended for human consumption. S.L. 549.100. S.L. 549.100.          S.L. 549.100.             S. L. 549. 53.              S.L. 549.100.   S.L. 549.100.        S.L. 5

In KraftAmtlicher Text

(1) Without prejudice to Articles 4 to 8 of Directive

2000/60/EC of the European Parliament and of the Council of 23

October 2000 establishing a framework for Community action in the field of water policy, and the Water Policy Framework Regulations, the entity responsible for the implementation of the Water Policy

Framework Regulations shall ensure that risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption are carried out. This information resulting from the risk assessments and risk management shall be shared with the competent authority, in the form and at the time as may be established by the competent authority.

(2) The entity responsible for the implementation of the

Water Policy Framework Regulations duly assisted by the supporting entities as established by the First Schedule shall ensure that the risk assessment includes the following elements:

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

(i) the identification and mapping of the catchment areas for abstraction points;

(ii) the mapping of the safeguard zones where those zones have been established in accordance with

Article 7(3) of Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000

establishing a framework for Community action in the field of water policy, and the relevant provisions of the

Water Policy Framework Regulations;

(iii) the geo-references for all abstraction points in the catchment areas, given that that data may be potentially sensitive, in particular in the context of public health and public security, the competent authority shall ensure that such data is protected and communicated only to the relevant authorities and water suppliers; and

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

(b) an identification of hazards and hazardous events in the catchment areas for abstraction points and an assessment of the risk they may 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 may constitute a risk to human health;

(c) an 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) the parameters in Parts A and B of the Second Schedule or set in accordance with regulation 6(3);

(ii) the groundwater pollutants in Annex I to

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; and pollutants and indicators of pollution for which threshold values have been established in accordance with Annex

II to that Directive, and the relative provisions of the

Protection of Groundwater Against Pollution and

Deterioration Regulations, by the entity responsible for their implementation;

(iii) the priority substances and certain other pollutants in Annex I to 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, and the relative provisions of the Water Policy

Framework Regulations;

(iv) the river basin specific pollutants established by the entity responsible for the implementation of the Water Policy Framework

Regulations in accordance with Directive 2000/60/EC of the European Parliament and of the Council of 23

October 2000 establishing a framework for Community action in the field of water policy, and the relevant provisions of Water the Policy Framework Regulations;

(v) other pollutants relevant for water intended for human consumption established the competent authority on the basis of the information collected in accordance with paragraph (b);

(vi) naturally occurring substances that may 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 regulation 14(6):

Provided that for the purposes of sub-regulation (2)(a), the competent authority may use information collected in accordance with Articles 5 and 7 of Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and the relevant provisions of Water Policy Framework Regulations:

Provided further that for the purposes of sub-regulation (2)(b), the competent authority may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and the 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.

The competent authority and the entity responsible for the implementation of the Water Policy Framework Regulations shall choose from sub-regulation (2)(c)(i) to (c)(vii), the parameters, substances or pollutants that are considered relevant for monitoring in light of the hazards and hazardous events identified under sub-regulation (2)(b) or in light of the information provided by the water suppliers in accordance with sub-regulation (3).

For the purpose of appropriate monitoring as referred to sub-regulation (2)(c), including to detect new substances that are harmful to human health through use of water intended for human consumption, the competent authority assisted by the supporting entity as established by the First Schedule may use the monitoring performed in accordance with Articles 7 and 8 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 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 authority 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 sub-regulation (2), the competent authority and the entity responsible for the implementation of the

Water Policy Framework Regulations, duly assisted by the other supporting entities as established by the First Schedule 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) the definition and implementation of preventive measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance of

Article 11(3)(d) of Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and the relevant provisions of the Water Policy Framework

Regulations, where required to safeguard the quality of the water intended for human consumption:

Provided that, where appropriate, those preventive measures shall be included in the programmes of measures referred to in Article 11 of Directive 2000/60/EC of the

European Parliament and of the Council of 23 October 2000

establishing a framework for Community action in the field of water policy and the relevant provisions of Water Policy

Framework Regulations:

Provided further that, where appropriate, the entity responsible for the Water Policy Framework Regulations shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such preventive measures in accordance with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;

(b) the definition and implementation of mitigation measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance with

Article 11(3)(d) of Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and the relevant provisions of the Water Policy Framework

Regulations, 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 Directive 2000/60/EC

of the European Parliament and of the Council of 23 October

2000 establishing a framework for Community action in the field of water policy and the relevant provisions of the Water

Policy Framework Regulations. Where appropriate, the competent authority shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such mitigation measures in accordance with Directive 2000/60/EC

of the European Parliament and of the Council of 23 October

2000 establishing a framework for Community action in the field of water policy and the relevant provisions of Water Policy

Framework Regulations;

(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 may 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 of the European Parliament and of the Council of 23 October 2000

establishing a framework for Community action in the field of water policy and the relevant provisions of Water Policy

Framework Regulations. Where appropriate, this monitoring shall be included in the monitoring programs referred to in

Article 8 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and the relevant provisions of Water Policy Framework

Regulations;

(d) the 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 of the European

Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and the relevant provisions of Water Policy Framework

Regulations, and any other relevant zones:

Provided that the competent authority shall ensure that the effectiveness of any measures referred to in this sub-regulation is reviewed at appropriate intervals.

(5) The competent authority shall ensure that water suppliers and relative competent entities have access to the information referred to in sub-regulations (2) and (3). In particular, relevant water suppliers shall have access to the monitoring results obtained under sub-regulation (2)(c). On the basis of the information referred to in sub-regulations (2) and (3), the competent authority assisted by the supporting entity as provided for in the First Schedule 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 which shall be monitored by the water supplier in accordance with regulation 14(2)(a), 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 item 1 of Part B of the Third Schedule; and

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

(6) When a water supplier is allowed to decrease the monitoring frequency of a parameter or remove a parameter from the list of parameters which shall be monitored, as referred to in sub-

regulation (5)(b), the entity responsible for the Water Policy

Framework Regulations 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 regulation 8(4).

(7) All information resulting from assessments carried out by the entities indicated under this regulation, shall be shared with the competent authority.