Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th October, 2017.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving further effect to Council Directive 98/83/EC of 3 November 1998¹ , Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000² and Commission Directive 2015/1787 of 6 October 2015³ , hereby make the following Regulations:

Citation

1. These Regulations may be cited as the European Union (Drinking Water) (Amendment) Regulations 2017.

Interpretation

2. In these Regulations—

“the 2014 Regulations” means the European Union (Drinking Water Regulations 2014) ( S.I. No. 122 of 2014 );

“the Directive” means Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption.

Amendment of Part 2 of Schedule

3. The 2014 Regulations are hereby amended by replacing Part 2 of the Schedule to the 2014 Regulations with the text at the First Schedule.

Amendment of Part 3 of Schedule

4. The 2014 Regulations are hereby amended by replacing Part 3 of the Schedule to the 2014 Regulations with the text at the Second Schedule.

FIRST SCHEDULE

“Part 2

MONITORING

Part A

1. Monitoring programmes for water intended for human consumption must:

(a) verify that the measures in place to control risks to human health throughout the water supply chain from the catchment area through abstraction, treatment and storage to distribution are working effectively and that water at the point of compliance is wholesome and clean;

(b) provide information on the quality of the water supplied for human consumption to demonstrate that the obligations set out in Articles 4 and 5 of the Directive, and the parametric values laid down in Part 1 of this Schedule, are being met;

(c) identify the most appropriate means of mitigating the risk to human health.

2. Monitoring programmes carried out under these regulations shall comply with the parameters and frequencies set out in Part B below, which consist of:

(a) collection and analysis of discrete water samples; or

(b) measurements recorded by a continuous monitoring process.

In addition, monitoring programmes may consist of:

(a) inspections of records of the functionality and maintenance status of equipment; and/or

(b) inspections of the catchment area, water abstraction, treatment, storage and distribution infrastructure.

3. Monitoring programmes may be based on a risk assessment as set out in Part C.

4. Monitoring programmes must be reviewed on a continuous basis and updated or reconfirmed at least every five years.

Part B

PARAMETERS AND FREQUENCIES

1. General framework

A monitoring programme must take into account the parameters referred to in Part 1 of this Schedule, including those that are important for assessing the impact of domestic distribution systems on the quality of water at the point of compliance, as set out in Article 5. When choosing appropriate parameters for monitoring, local conditions for each water supply system must be taken into consideration.

The parameters listed at point 2 below must be monitored at the relevant sampling frequencies as set out in point 3.

2. List of parameters

Group A parameters

The following parameters (Group A) shall be monitored in accordance with the monitoring frequencies set out in Table 1 of point 3:

(a) Escherichia coli (E. coli), coliform bacteria, colony count 22 °C, colour, turbidity, taste, odour, pH, conductivity;

(b) other parameters identified as relevant in the monitoring programme, in accordance with Article 5(3) and, where relevant, through a risk assessment as set out in Part C.

Under specific circumstances, the following parameters shall be added to the Group A parameters:

(a) ammonium and nitrite, if chloramination is used;

(b) aluminium and iron, if used as water treatment chemicals.

Group B parameters

In order to determine compliance with all parametric values set out in this Schedule, all other parameters not analysed under Group A and set out in Part 1 of the Schedule in accordance with Article 5 of the Directive shall be monitored at least at the frequencies set out in Table 1 of point 3.

3. Sampling frequencies

Table 1

Minimum frequency of sampling and analysis for compliance monitoring

Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and water quality may be considered as being approximately uniform.

Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 l/(day*capita).

Note 3: The frequency indicated is calculated as follows: e.g. 4 300 m³/d = 16 samples (four for the first 1 000 m³/d + 12 for additional 3 300 m³/d).

Note 4: Member States that have decided to exempt individual supplies under Article 3(2)(b) of this Directive shall apply these frequencies only for supply zones that distribute between 10 and 100 m3 per day.

Part C

RISK ASSESSMENT

1 .It is permissible to derogate from the parameters and sampling frequencies in Part B, provided that a risk assessment is performed in accordance with this Part.

2. The risk assessment referred to in point 1 shall be based on the general principles of risk assessment set out in relation to international standards such as standard EN 15975-2 concerning “security of drinking water supply, guidelines for risk and crisis management”.

3. The risk assessment shall take into account the results from the monitoring programmes established under Article 10 of the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ).

4. Based on the results of the risk assessment, the list of parameters in point 2 of Part B shall be extended and/or the sampling frequencies in point 3 of Part B increased, where any of the following conditions is fulfilled:

(a) the list of parameters or frequencies set out in this Schedule is not sufficient to fulfil the obligations imposed under Article 7;

(b) additional monitoring is required for the purposes of Article 7(10);

(c) it is necessary to provide the necessary assurances set out in point (1)(a) of Part A.

5. Based on the results of the risk assessment, the list of parameters set out in point 2 of Part B and the sampling frequencies set out in point 3 of Part B may be reduced provided the following conditions are met:

(a) the frequency of sampling for E. coli must not be reduced below the one laid down in point 3 of Part B under any circumstances;

(b) for all other parameters:

(i) the location and frequency of sampling shall be determined in relation to the parameters origin, as well as the variability and long-term trend of its concentration, taking into account Article 5;

(ii) to reduce the minimum sampling frequency of a parameter, as set out in point 3 of Part B, the results obtained from samples collected at regular intervals over a period of at least 3 years from sampling points representative of the whole supply zone must all be less than 60% of the parametric value;

(iii) to remove a parameter from the list of parameters to be monitored, as set out in point 2 of Part B, the results obtained from samples collected at regular intervals over a period of at least 3 years from points representative of the whole supply zone must all be less than 30% of the parametric value;

(iv) the removal of a particular parameter set out in point 2 of Part B from the list of parameters to be monitored shall be based on the result of the risk assessment, informed by the results of monitoring of sources of water intended for human consumption and confirming that human health is protected from the adverse effects of any contamination of water intended for human consumption, as laid down in these regulations;

(v) the sampling frequency may be reduced or a parameter removed from the list of parameters to be monitored as set out in points (ii) and (iii) only if the risk assessment confirms that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water intended for human consumption.

6. A risk assessment must be approved by the appropriate supervisory authority and information must be made available showing that a risk assessment has been carried out, together with a summary of its results.

Part D

SAMPLING METHODS AND SAMPLING POINTS

1. Sampling points shall be determined so as to ensure compliance with the points of compliance as defined in Article 5. In the case of a distribution network, samples may be taken within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned. As far as possible, the number of samples shall be distributed equally in time and location.

2. Sampling at the point of compliance shall meet the following requirements:

(a) compliance samples for certain chemical parameters (in particular copper, lead and nickel) shall be taken at the consumers tap without prior flushing. A random daytime sample of one litre volume is to be taken. As an alternative, fixed stagnation time methods may be used provided that, at the supply zone level, this does not result in fewer cases of non-compliance than using the random daytime method;

(b) compliance samples for microbiological parameters at the point of compliance shall be taken and handled according to EN ISO 19458, sampling purpose B.

3. Sampling in the distribution network, with the exception of sampling at the consumer’s tap, shall be in accordance with ISO 5667-5. For microbiological parameters, sampling in the distribution network shall be taken and handled according to EN ISO 19458, sampling purpose A.”

SECOND SCHEDULE

“Part 3

SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS

The methods of analysis used for the purposes of monitoring and demonstrating compliance with these regulations must be validated and documented in accordance with EN ISO/IEC 17025 or other equivalent standards accepted at international level. Each laboratory at which samples are analysed and each party contracted by a laboratory must apply quality management system practices in accordance with EN ISO/IEC 17025 or other equivalent standards accepted at international level.

In the absence of an analytical method meeting the minimum performance criteria set out in Part B, monitoring shall be carried out using best available techniques not entailing excessive costs.

Part A

MICROBIOLOGICAL PARAMETERS FOR WHICH METHODS OF ANALYSIS ARE SPECIFIED

The following principles for methods of analysis of microbiological parameters are given either for reference whenever CEN/ISO method is given or for guidance, pending the possible future adoption (in accordance with the Committee procedure laid down in Article 12 of the Directive) of further CEN/ISO international methods for these parameters. Alternative methods may be used, providing the provisions of Regulations 7(8)(a) and 7(8)(b) are adhered to.

The methods for microbiological parameters are:

(a) Escherichia coli (E. coli) and coliform bacteria (EN ISO 9308-1 or EN ISO 9308-2)

(b) Enterococci (EN ISO 7899-2)

(c) Pseudomonas aeruginosa (EN ISO 16266)

(d) Enumeration of culturable microorganisms — colony count 22°C (EN ISO 6222)

(e) Enumeration of culturable microorganisms — colony count 36°C (EN ISO 6222)

(f) Clostridium perfringens including spores (EN ISO 14189).

Part B

CHEMICAL AND INDICATOR PARAMETERS FOR WHICH PERFORMANCE CHARACTERISTICS ARE SPECIFIED

1. Chemical and indicator parameters

For the parameters set out in Table 1, the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a limit of quantification, as defined in Article 2(2) of Commission Directive 2009/90/EC, of 30% or less of the relevant parametric value and an uncertainty of measurement as specified in Table 1. The result shall be expressed using at least the same number of significant figures as for the parametric value considered in Tables B and C in Part 1 of the Schedule.

Until 31 December 2019, “trueness”, “precision” and “limit of detection” as specified in Table 2 may be used as an alternative set of performance characteristics to “limit of quantification” and “uncertainty of measurement” as specified respectively in the first paragraph and Table 1.

The uncertainty of measurement laid down in Table 1 shall not be used as an additional tolerance to the parametric values set out in Part 1 of the Schedule.

Table 1

Minimum performance characteristic “Uncertainty of measurement”

Table 2

Minimum performance characteristics “Trueness”, “precision” and “limit of detection” — may be used until 31 December 2019

Notes to Tables 1 and 2

Note 1: Uncertainty of measurement is a non-negative parameter characterising the dispersion of the quantity values being attributed to a measurand, based on the information used. The performance criterion for measurement uncertainty (k = 2) is the percentage of the parametric value stated in the table or better. Measurement uncertainty shall be estimated at the level of the parametric value, unless otherwise specified.

Note 2: Trueness is a measure of systematic error, i.e. the difference between the mean value of the large number of repeated measurements and the true value. Further specifications are those set out in ISO 5725.

Note 3: Precision is a measure of random error and is usually expressed as the standard deviation (within and between batches) of the spread of results from the mean. Acceptable precision is twice the relative standard deviation. This term is further specified in ISO 5725.

Note 4: Limit of detection is either three times the standard deviation within a batch of a natural sample containing a low concentration of the parameter, or five times the standard deviation of a blank sample (within a batch).

Note 5: If the value of uncertainty of measurement cannot be met, the best available technique should be selected (up to 60%).

Note 6: The method determines total cyanide in all forms.

Note 7: Values for trueness, precision and uncertainty of measurement are expressed in pH units.

Note 8: Reference method: EN ISO 8467

Note 9: The performance characteristics for individual pesticides are given as an indication. Values for the uncertainty of measurement as low as 30% can be achieved for several pesticides, higher values up to 80 % may be allowed for a number of pesticides.

Note 10: The performance characteristics apply to individual substances, specified at 25% of the parametric value in Part B of Annex I.

Note 11: The performance characteristics apply to individual substances, specified at 50% of the parametric value in Part B of Annex I.

Note 12: The uncertainty of measurement should be estimated at the level of 3 mg/l of the total organic carbon (TOC). CEN 1484 Guidelines for the determination of TOC and dissolved organic carbon (DOC) shall be used.

Note 13: The uncertainty of measurement should be estimated at the level of 1,0 NTU (nephelometric turbidity units) in accordance with EN ISO 7027.”

GIVEN under my Official Seal,

24 October 2017.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations transpose the provisions of Commission Directive (EU) 2015/1787 of 6 October 2015 amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption.

Annexes II and III of the Directive lay down the minimum requirements of the monitoring programmes for all water intended for human consumption and the specifications for the method of analysis of different parameters. Those specifications now require updating in the light of scientific and technical progress since the introduction of the original 1998 Directive.

Transposition requires technical amendment to the Schedule to the European Union (Drinking Water) Regulations 2014.

1 O.J. No. L330/32, 5.12.1998

2 O.J. No. 327/1, 22.12.2000

3 O.J. No. L260/6, 7.10.2015