European Commission Drinking Water proposals

The Commission’s proposals to amend the Drinking Water Directive (80/778/EEC) are now available — the standard for total pesticides in water is now under threat — and this summary outlines the issues non-governmental organisations will be concerned about.
    The proposal for a new Directive is explicitly aimed at the quality of water intended for human consumption. Member states have to ensure that such water meets the quantitative values set out in Annex I, which are minimum values. There are 44 parameters that have to be analysed, one of which is pesticides. The maximum amount of any individual pesticide allowed in water remains at 0.1 µg/l, but the previous maximum admissible concentration of total pesticides in water that was permitted, 0.5 µg/l, has been abandoned. The draft Directive also sets minimum monitoring standards. The parameters that drinking water has to meet, the analytical methods, and monitoring regimes can all be reviewed or changed a Management Committee of member state representatives, chaired by the Commission.

No resource protection
The proposal does not aim to protect water sources, but only to protect the quality of water that the consumer receives - at the tap, the point of supply. Although there may be more proposals in the pipeline to protect ground and other surface waters, so far there are no other elements that would make up a complete water protection strategy.
   
The herbicides atrazine and simazine have been widely restricted throughout most of the EU. As a result users have simply changed to replacement chemicals. Already, increasing levels of these replacement herbicides diuron, chlortoluron and isoproturon are found in water in the UK.

No environmental protection
The EC’s Fifth Environmental Action plan seeks a reduction in pesticide use, a reduction in pollution and the integration of water management and protection. Apart from a vague reference in the preamble to the desk-ability of preventing pollution at source, and the need to apply pesticides in a conscientious manner, the proposal focuses solely on end-of-pipe solution.
   
Very low levels indeed of pesticide pollution can be sufficient to endanger aquatic and other wildlife. Such ecotoxicological values for pesticides are often lower than 0.1 µg/l. Even smaller amounts can have adverse effects. Concentrations of TBT at 2 nanograms per litre (2 parts per hundred billion) can make whelks sterile.
   
Some degradation products of pesticides may be more toxic than the parent pesticide, and more dangerous to aquatic fauna and flora.

What criteria?
The proposal announces its intention for pesticides of relying on scientific evidence if appropriate and sufficient evidence is available. If insufficient scientific evidence is available ‘a purely precautionary approach has been adopted.’
   
Although the advice of the Commission’s Scientific and Advisory Committee to Examine the Toxicity and Ecotoxicity of Chemical Compounds will be sought, together with WHO’s advice on drinking water guidelines, the Advisory Committee meets infrequently and the WHO guidelines are available for a very limited number of pesticides only, and many of these are older products that are no longer in current use.

No limit for total pesticides
The 0.5 pg/l limit for total pesticides has been abandoned. This limit functioned as a crude protection against the potential synergistic or ‘cocktail’ effect of pesticide mixtures in water.
    Now in effect, there will be no bar to higher total levels of pollution of many pesticides in water, provided they do not individually breach the 0.1 µg/l threshold.

Monitoring and analysis
The Directive proposes a minimal regime for monitoring pesticides in drinking water. There is no duty to monitor for pesticides that are not expected to be present: however, it is only by a wide and precautionary programme of monitoring that a proper alert against the presence of pesticides in water can be maintained.
   
Analysing for pesticides in water is difficult. For many pesticides and many of their toxic breakdown products, suitable analytical techniques still have to be developed. The Commission’s own scientific advisors have pointed this out.  

Parliamentary involvement
The Management Committee envisaged by the Directive will have the power to advise on monitoring strategies, analytical methodology and parametric values.
   
This raises the twin questions; how open the Committee will be, and will it tender technical or political advice? Will it publish agendas, minutes, or be open to representations? Although the Commission should have access to expert advice, how far will the advice go on issues such as acceptable risk, which is a political role and which usurps the role of parliament?

Derogations
Member states are allowed to make derogations, permitting the 0.1µg/l parameter to be breached ‘in exceptional circumstances for geographically defined population groups’ -but no guidance is given about what should be done to bring the water supply into compliance. An action plan to remedy the situation has to be approved by the Management Committee. Unlike the recent Uniform Principles, no duty is laid on Member States to ensure that conditions of use of pesticides are changed or authorisations are withdrawn if the pesticide appears likely to continue to breach the parameter.

Next steps
The Commission has now to adopt the proposal, which will then be presented to Parliament for its approval together with that of the Council and the Economic and Social Committee, which may take another year. (PB)

Commission of the European Communities, COM(94) Brussels, Proposal for a Council Directive concerning the quality of water intended for human consumption, 1994, 90pp.

[This article first appeared in Pesticides News No. 26, December 1994, page 17]