15.11.1997 EN Official Journal of the European Communities L 313/26 AGREEMENT on scientific and technological cooperation between the European Community and the Republic of South Africa THE EUROPEAN COMMUNITY (hereinafter ‘the Community’), on the one hand, and THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA acting on behalf of the Republic of South Africa (hereinafter ‘South Africa’), on the other hand, hereinafter referred to as the ‘Parties’, CONSIDERING the importance of science and technology for their economic and social development; WHEREAS the Community and South Africa are pursuing research and technological development including demonstration in a number of areas of common interest and mutual benefit may be derived if the Parties engage in cooperative activities; WHEREAS such cooperation should also be to the benefit of the Southern African Development Community where possible and justified; WHEREAS, for this purpose, it is desirable that a framework for cooperation be established; WHEREAS this scientific and technological cooperation Agreement forms part of the global cooperation between the Community and its Member States, on the one hand, and South Africa, on the other hand; WHEREAS, by Decision No 1110/94/EC, the European Parliament and the Council of the European Union adopted a framework programme of European Community activities in the field of research and technological development and demonstration (1994-98), hereinafter called the ‘Fourth Framework Programme’; WHEREAS, without prejudice to the relevant provisions of the Treaty establishing the European Community, this Agreement and any activities entered into under it will in no way affect the powers vested in the Member States to undertake bilateral activities with South Africa in the fields of science, technology, research and development, and to conclude, where appropriate, agreements to that end, HAVE AGREED AS FOLLOWS: Article 1 Objectives The Parties shall encourage and facilitate cooperation between the Community and South Africa in fields of common interest where they are supporting research and development including demonstration activities to advance science and/or technology. Article 2 Definitions For the purposes of this Agreement: (a) ‘cooperative activity’ means any activity carried out under this Agreement and includes joint research; (b) ‘information’ means scientific or technical data, results or methods of research and development stemming from the joint research and any other information deemed necessary by the participants engaged in cooperative activity, including, where necessary, the Parties themselves; (c) ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organization, done at Stockholm, 14 July 1967; (d) ‘joint research’ means research, technological development and demonstration that is implemented with or without financial support from either or both Parties and that involves collaboration by participants from both the Community and South Africa; (e) ‘participant’ or ‘research entity’ means any person, legal entity, university, research institute or any other body or undertaking participating in a cooperative activity, including the Parties themselves. Article 3 Principles Cooperation shall be conducted on the basis of the following principles: (a) mutual benefit; (b) timely exchange of information which may affect the actions of participants in cooperative activities; and (c) within the framework of applicable laws and regulations, effective protection of intellectual property and equitable sharing of intellectual property rights, as set out in the Annex, which forms an integral part of this Agreement. Article 4 Scope of the cooperation Cooperation under this Agreement may cover all research and technological development and demonstration (hereinafter referred to as RTD) activities related to the Fourth Framework Programme and all similar RTD activities in South Africa. Article 5 Modalities of cooperation Cooperation may take the following forms: (a) (i) participation of South African research entities in RTD projects related to the Fourth Framework Programme and a reciprocal participation of research entities of the European Community in South African projects in similar areas of research; as regards South African participation in Community RTD projects, such participation shall be subject to the rules applicable for the participation of undertakings, research centres and universities in the specific programmes of RTD of the Community (1); (ii) for the purpose of participation by South African research entities in the specific programme of RTD in the field of cooperation with third countries and international organizations (1994-98) South Africa is considered a developing country; (b) shared use of research facilities; (c) visits and exchanges of research workers, engineers and technicians; (d) participation by experts in seminars, symposia and workshops; (e) scientific networks and training of researchers; (f) exchange of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement; (g) other modalities as may be recommended by the Joint Science and Technology Cooperation Committee in accordance with the applicable policies and programmes of the Parties. With the exception of projects under (a) (ii) above, joint RTD projects shall proceed once the participants have concluded a joint technology management plan (JTMP), as indicated in the Annex to this Agreement. Article 6 Joint Science and Technology Cooperation Committee (JSTCC) (a) A Joint Science and Technology Cooperation Committee will be established in order to administer this Agreement; it will be composed of representatives of the Commission and of South Africa; it shall adopt its rules of procedure. (b) The functions of the JSTCC shall be to: 1. promote and review the various cooperation activities envisaged under this Agreement; 2. make recommendations pursuant to Article 5 (g); 3. advise the Parties on ways to enhance cooperation consistent with the principles set out in this Agreement; 4. review the efficient and effective functioning of the Agreement; 5. provide a report annually to the Parties on the level, status and effectiveness of cooperation undertaken under this Agreement. (c) The JSTCC shall meet as mutually agreed, meetings being held alternately in the Community and South Africa. (d) Costs incurred by or on behalf of the Committee shall be met by the Party to whom the members are responsible. Costs, other than those of travel and accommodation, which are directly associated with meetings of the Committee, shall be met by the host Party. Article 7 Funding (a) Cooperative activities shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of the Parties. (b) Costs incurred by participants in cooperative activities shall not require any transfer of funds from one Party to the other, except for the participation referred to under Article 5 (a) (ii). Article 8 Entry of personnel and equipment Each Party shall take all reasonable steps and use its best efforts, within existing laws and regulations, to facilitate entry to and exit from its territory of personnel, material and equipment of the participant(s) engaged in or used in cooperative activities under this Agreement. Article 9 Dissemination and utilization of information Research entities established in South Africa, participating in Community RTD projects, shall, as regards ownership, dissemination and utilization of information and intellectual property arising from such participation, be subject to the rules for the dissemination of the research results from the specific programmes of RTD of the Community, and the Annex to this Agreement. Research entities established in the Community, taking part in South African RTD projects, shall, as regards ownership, dissemination and utilization of information and intellectual property arising from such participation, have the same rights and obligations as those of South African research entities, and be subject to the Annex to this Agreement. Article 10 Territorial application This Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of South Africa. Article 11 Entry into force; termination; settlement of disputes (a) This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements have been fulfilled. (b) This Agreement shall be concluded for the duration of the Fourth Framework Programme and will be renewable by common agreement between the Parties (tacit renewal) for the specific programmes implementing subsequent framework programmes of the Community. (c) This Agreement may be amended by agreement of the Parties. Amendments shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements have been fulfilled. (d) This Agreement may be terminated at any time by either Party upon six months written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with the Annex. (e) All questions or disputes related to the interpretation or implementation of this Agreement shall be settled between the Parties by mutual agreement. Article 12 This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic. Hecho en Bruselas, el cinco de diciembre de mil novecientos noventa y seis. Udfærdiget i Bruxelles den femte december nitten hundrede og seksoghalvfems. Geschehen zu Brüssel am fünften Dezember neunzehnhundertsechsundneunzig. Έγινε στις Βρυξέλλες, στις πέντε Δεκεμβρίου χίλια εννιακόσια ενενήντα έξι. Done at Brussels on the fifth day of December in the year one thousand nine hundred and ninety-six. Fait à Bruxelles, le cinq décembre mil neuf cent quatre-vingt-seize. Fatto a Bruxelles, addì cinque dicembre millenovecentonovantasei. Gedaan te Brussel, de vijfde december negentienhonderd zesennegentig. Feito em Bruxelas, em cinco de Dezembro de mil novecentos e noventa e seis. Tehty Brysselissä viidentenä päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi. Som skedde i Bryssel den femte december nittonhundranittiosex. Por la Comunidad Europea For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Για την Ευρωπαϊκή Κοινότητα For the European Community Pour la Communauté européenne Per la Comunità europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar For the Government of the Republic of South Africa (1) Council Decision 94/763/EC of 21 November 1994 concerning the rules for the participation of undertakings, research centres and universities in the research, technological development and demonstration activities of the European Community (OJ L 306, 30. 11. 1994, p. 8). ANNEX ANNEX ON THE DISSEMINATION AND UTILIZATION OF INFORMATION AND MANAGEMENT, ALLOCATION AND EXERCISE OF INTELLECTUAL PROPERTY RIGHTS I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS 1. All research carried out pursuant to this Agreement shall be ‘joint research’. The participants performing the joint research shall develop joint technology management plans (JTMPs) which shall contain, as a minimum, principles in respect of the ownership and use, including publication, of information and intellectual property (IP) to be created in the course of the joint research (1). The JTMPs shall be approved by the responsible funding agency or department of the Party involved in financing the research, before the conclusion of the specific research and development cooperation contracts to which they are attached. The JTMPs shall be developed taking into account the aims of the joint research, the relative contributions of the participants, the advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by applicable laws, the need for dispute settlement procedures and other factors deemed appropriate by the participants. The rights and obligations concerning the research and information generated by visiting researchers in respect of IP shall also be addressed in the JTMPs. 2. Information or IP created in the course of joint research and not addressed in a JTMP shall be allocated following the procedures set out in section I (1) according to the principles set out in that JTMP. In case of disagreement, which cannot be resolved by the agreed dispute resolution procedure, such unallocated information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results, and each participant to whom this provision applies shall have the right to use such information or IP for his/her own commercial exploitation with no geographical limitation. 3. In accordance with applicable laws, each Party shall ensure that the other Party and its participants may have the rights to IP allocated to them in accordance with the principles set out in section I of this Annex. 4. While maintaining the conditions of competition in areas affected by the Agreement, each Party shall endeavour to ensure that rights acquired pursuant to the Agreement, and arrangements made under it, are exercised in such a way as to encourage in particular: (i) the dissemination and use of information created, disclosed, or otherwise made available, under the Agreement; (ii) the adoption and implementation of international standards. II. COPYRIGHT WORKS Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (Paris Act 1971). III. SCIENTIFIC LITERARY WORKS Without prejudice to section IV, unless otherwise agreed in the JTMP, any publication of results of the joint research shall be made jointly by the participants. In addition to the foregoing general rule, the following procedure shall apply: 1. in the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, reports, books, including video and software, arising from joint research pursuant to the Agreement, the other Party shall be entitled, with written permission from the publisher, to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works; 2. the Parties shall endeavour to disseminate literary works of a scientific character arising from joint research pursuant to the Agreement and published by independent publishers as widely as possible. 3. all copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the authors) of the work unless an author or authors expressly declines or decline to be named. Copies shall also bear a clearly visible acknowledgement of the cooperative support of the Parties. IV. UNDISCLOSED INFORMATION A. Documentary undisclosed information 1. Each Party or its participants shall identify at the earliest possible moment, and preferably in the JTMP, the information that it wishes to remain undisclosed in relation to this Agreement, taking into account, among other things, the following criteria: — of the information in the sense that the information is not, as a body or in the precise configuration or assembly of its components, generally known among or readily accessible by lawful means to experts in the field, — the actual or potential commercial value of the information by virtue of its secrecy, — previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy. 2. Participants shall not normally be required to provide undisclosed information to the Parties. Should the Parties become aware of such information, they shall respect the privileged nature thereof, and it shall not be further disclosed by, within, or between the Parties, without the written consent of the participants) to whom the information belongs. These limitations shall automatically terminate when such information is disclosed by the owner, without restriction, to experts in the field. 3. Each Party shall ensure that undisclosed information, communicated between them under the Agreement, and its ensuant privileged nature is readily recognizable as such by the other Party, for example, by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part. 4. Undisclosed information communicated under the Agreement, and received from the other Party, may be disseminated by the receiving Party to persons within or employed by the receiving Party and other concerned departments or agencies of the receiving Party authorized for the specific purposes of the joint research underway, provided that any undisclosed information so disseminated shall be pursuant to a written agreement of confidentiality and shall be readily recognizable as such, as set out above. 5. With the prior written consent of the Party providing undisclosed information under the Agreement, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3 above. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the extent permitted by its domestic policies, regulations and laws. B. Non-documentary undisclosed information Non-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under the Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their participants according to the principles specified in section IV (A) above, provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware in advance and in written form of the confidential character of the information to be communicated. C. Control Each Party shall make its best efforts to ensure that undisclosed information received by it under the Agreement shall be controlled as provided therein. If one of the Parties becomes aware that it will be, or may reasonably be expected to become, unable to meet the non-dissemination provisions of paragraphs A and B above, it shall immediately inform the Party likely to be affected by the dissemination. The Parties involved shall thereafter consult to define an appropriate course of action. (1) The indicative features of such JTMPs are set out in the Appendix. Appendix Indicative features of a joint technology management plan (JTMP) The JTMP is part of the contract to be concluded between the participants in joint research defining their respective rights and obligations. With respect to intellectual property Rights, the JTMP will normally address, inter alia, ownership, protection, user rights for research and development purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The JTMP may also address foreground and background information, the rules governing disclosure of undisclosed information, licensing and deliverables. FINAL ACT The plenipotentiaries of: THE COUNCIL OF THE EUROPEAN UNION, of the one part, and THE REPUBLIC OF SOUTH AFRICA, of the other part, meeting at Brussels, on the fifth day of December in the year one thousand nine hundred and ninety-six for the purpose of signing the Agreement on Scientific and Technological Cooperation between the European Community and the Republic of South Africa, have, on signing this Agreement, adopted the following Joint Declaration of the Contracting Parties: Joint Declaration on the Scientific and Technological Agreement between the European Community and South Africa. The Declaration referred to above is annexed to this Final Act. JOINT DECLARATION ON THE SCIENTIFIC AND TECHNOLOGICAL AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND SOUTH AFRICA The European Community and South Africa reiterate their firm will to strengthen scientific and technological cooperation and welcome the conclusion of this Agreement which will permit even closer collaboration between the two Parties to the advantage of research and technological development activities, including demonstration, in various areas of common interest. The European Community and South Africa declare their commitment to do their utmost to ensure that the activities developed within the framework of this Agreement should also have a favourable impact in the wider Southern Africa region, thus contributing to harmonious and sustainable economic and social development, as envisaged in the European Union-SADC declaration adopted at the Ministerial Conference in Berlin in September 1994, and confirmed at the time of the Ministerial Conference in Windhoek in October 1996. Hecho en Bruselas, el cinco de diciembre de mil novecientos noventa y seis. Udfærdiget i Bruxelles den femte december nitten hundrede og seksoghalvfems. Geschehen zu Brüssel am fünften Dezember neunzehnhundertsechsundneunzig. Έγινε στις Βρυξέλλες, στις πέντε Δεκεμβρίου χίλια εννιακόσια ενενήντα έξι. Done at Brussels on the fifth day of December in the year one thousand nine hundred and ninety-six. Fait à Bruxelles, le cinq décembre mil neuf cent quatre-vingt-seize. Fatto a Bruxelles, addì cinque dicembre millenovecentonovantasei. Gedaan te Brussel, de vijfde december negentienhonderd zesennegentig. Feito em Bruxelas, em cinco de Dezembro de mil novecentos e noventa e seis. Tehty Brysselissä viidentenä päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi. Som skedde i Bryssel den femte december nittonhundranittiosex. Por la Comunidad Europea For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Για την Ευρωπαϊκή Κοινότητα For the European Community Pour la Communauté européenne Per la Comunità europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar For the Government oř the Republic of South Africa

Summary: Scientific and technological cooperation between the EU and South Africa Scientific and technological cooperation between the EU and South Africa SUMMARY OF: Agreement on scientific and technological cooperation between the European Community and the Republic of South Africa Decision 97/763/EC concluding the Agreement on scientific and technological cooperation between the European Community and the Republic of South Africa WHAT IS THE AIM OF THE AGREEMENT AND OF THE DECISION? The agreement establishes a formal framework for cooperation in science and technology aiming at encouraging, developing and facilitating science and technology activities in fields of common interest. The decision adopts the agreement on behalf of the European Community (now the EU). KEY POINTS Activities conducted under the agreement are based on: mutual benefit; timely exchange of information; effective protection of intellectual property and fair sharing of intellectual property rights. Fields of cooperation The agreement covers all research, technological development and demonstration (RTD) activities related to the EU’s Framework Programme for Research and Innovation and all similar RTD activities in South Africa. Activities Cooperative activities may include: reciprocal participation of research entities (i.e. research centres, companies, universities) in projects; shared use of research facilities; visits and exchanges of researchers, engineers and technicians; participation by experts in seminars, symposia and workshops; scientific networks and the training of researchers; exchange of information on practices, laws, regulations and programmes relevant to cooperation under this agreement; other activities as may be recommended by the Joint Science and Technology Cooperation Committee set up under this agreement. DATE OF ENTRY INTO FORCE The agreement entered into force on 11 November 1997. It was concluded for the duration of the 4th Framework Programme for Research and Innovation and is renewed for every new framework programme. BACKGROUND This agreement complements the Trade, Development and Cooperation Agreement. For more information, see: South Africa and the EU (European External Action Service). For more information about Research and Innovation (R&I) cooperation with South Africa, see: International R&I cooperation with South Africa (European Commission) Roadmap for EU–South Africa S&T cooperation (European Commission). MAIN DOCUMENTS Agreement on scientific and technological cooperation between the European Community and the Republic of South Africa (OJ L 313, 15.11.1997, pp. 26-37) Council Decision 97/763/EC of 10 November 1997 concluding the Agreement on scientific and technological cooperation between the European Community and the Republic of South Africa (OJ L 313, 15.11.1997, p. 25) Information on the data of entry into force of the Agreement for scientific and technological cooperation between the European Community and the Republic of South Africa (OJ L 313, 15.11.1997, p. 38) last update 06.11.2018


18.3.1998 EN Official Journal of the European Communities L 80/27 DIRECTIVE 98/6/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 129a(2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 9 December 1997, (1) Whereas transparent operation of the market and correct information is of benefit to consumer protection and healthy competition between enterprises and products; (2) Whereas consumers must be guaranteed a high level of protection; whereas the Community should contribute thereto by specific action which supports and supplements the policy pursued by the Member States regarding precise, transparent and unambiguous information for consumers on the prices of products offered to them; (3) Whereas the Council Resolution of 14 April 1975 on a preliminary programme of the European Economic Community for a consumer protection and information policy (4) and the Council Resolution of 19 May 1981 on a second programme of the European Economic Community for a consumer protection and information policy (5) provide for the establishment of common principles for indicating prices; (4) Whereas these principles have been established by Directive 79/581/EEC concerning the indication of prices of certain foodstuffs (6) and Directive 88/314/EEC concerning the indication of prices of non-food products (7); (5) Whereas the link between indication of the unit price of products and their pre-packaging in pre-established quantities or capacities corresponding to the values of the ranges adopted at Community level has proved overly complex to apply, whereas it is thus necessary to abandon this link in favour of a new simplified mechanism and in the interest of the consumer, without prejudice to the rules governing packaging standardisation; (6) Whereas the obligation to indicate the selling price and the unit price contributes substantially to improving consumer information, as this is the easiest way to enable consumers to evaluate and compare the price of products in an optimum manner and hence to make informed choices on the basis of simple comparisons; (7) Whereas, therefore, there should be a general obligation to indicate both the selling price and the unit price for all products except for products sold in bulk, where the selling price cannot be determined until the consumer indicates how much of the product is required; (8) Whereas it is necessary to take into account the fact that certain products are customarily sold in quantities different from one kilogramme, one litre, one metre, one square metre or one cubic metre; whereas it is thus appropriate to allow Member States to authorise that the unit price refer to a different single unit of quantity, taking into account the nature of the product and the quantities in which it is customarily sold in the Member State concerned; (9) Whereas the obligation to indicate the unit price may entail an excessive burden for certain small retail businesses under certain circumstances; whereas Member States should therefore be allowed to refrain from applying this obligation during an appropriate transitional period; (10) Whereas Member States should also remain free to waive the obligation to indicate the unit price in the case of products for which such price indication would not be useful or would be liable to cause confusion for instance when indication of the quantity is not relevant for price comparison purposes, or when different products are marketed in the same packaging; (11) Whereas in the case of non-food products, Member States, with a view to facilitating application of the mechanism implemented, are free to draw up a list of products or categories of products for which the obligation to indicate the unit price remains applicable; (12) Whereas Community-level rules can ensure homogenous and transparent information that will benefit all consumers in the context of the internal market; whereas the new, simplified approach is both necessary and sufficient to achieve this objective; (13) Whereas Member States must make sure that the system is effective; whereas the transparency of the system should also be maintained when the euro is introduced; whereas, to that end, the maximum number of prices to be indicated should be limited; (14) Whereas particular attention should be paid to small retail businesses; whereas, to this end, the Commission should, in its report on the application of this Directive to be presented no later than three years after the date referred to in Article 11(1), take particular account of the experience gleaned in the application of the Directive by small retail businesses, inter alia, regarding technological developments and the introduction of the single currency, whereas this report, having regard to the transitional period referred to in Article 6, should be accompanied by a proposal, HAVE ADOPTED THIS DIRECTIVE: Article 1 The purpose of this Directive is to stipulate indication of the selling price and the price per unit of measurement of products offered by traders to consumers in order to improve consumer information and to facilitate comparison of prices. Article 2 For the purposes of this Directive: (a) selling price shall mean the final price for a unit of the product, or a given quantity of the product, including VAT and all other taxes; (b) unit price shall mean the final price, including VAT and all other taxes, for one kilogramme, one litre, one metre, one square metre or one cubic metre of the product or a different single unit of quantity which is widely and customarily used in the Member State concerned in the marketing of specific products; (c) products sold in bulk shall mean products which are not pre-packaged and are measured in the presence of the consumer, (d) trader shall mean any natural or legal person who sells or offers for sale products which fall within his commercial or professional activity, (e) consumer shall mean any natural person who buys a product for purposes that do not fall within the sphere of his commercial or professional activity. Article 3 1. The selling price and the unit price shall be indicated for all products referred to in Article 1, the indication of the unit price being subject to the provisions of Article 5. The unit price need not be indicated if it is identical to the sales price. 2. Member States may decide not to apply paragraph 1 to: — products supplied in the course of the provision of a service, — sales by auction and sales of works of art and antiques. 3. For products sold in bulk, only the unit price must be indicated. 4. Any advertisement which mentions the selling price of products referred to in Article 1 shall also indicate the unit price subject to Article 5. Article 4 1. The selling price and the unit price must be unambiguous, easily identifiable and clearly legible. Member States may provide that the maximum number of prices to be indicated be limited. 2. The unit price shall refer to a quantity declared in accordance with national and Community provisions. Where national or Community provisions require the indication of the net weight and the net drained weight for certain pre-packed products, it shall be sufficient to indicate the unit price of the net drained weight. Article 5 1. Member States may waive the obligation to indicate the unit price of products for which such indication would not be useful because of the products' nature or purpose or would be liable to create confusion. 2. With a view to implementing paragraph 1, Member States may, in the case of non-food products, establish a list of the products or product categories to which the obligation to indicate the unit price shall remain applicable. Article 6 If the obligation to indicate the unit price were to constitute an excessive burden for certain small retail businesses because of the number of products on sale, the sales area, the nature of the place of sale, specific conditions of sale where the product is not directly accessible for the consumer or certain forms of business, such as certain types of itinerant trade, Member States may, for a transitional period following the date referred to in Article 11 (1), provide that the obligation to indicate the unit price of products other than those sold in bulk, which are sold in the said businesses, shall not apply, subject to Article 12. Article 7 Member States shall provide appropriate measures to inform all persons concerned of the national law transposing this Directive. Article 8 Member States shall lay down penalties for infringements of national provisions adopted in application of this Directive, and shall take all necessary measures to ensure that these are enforced. These penalties must be effective, proportionate and dissuasive. Article 9 1. The transition period of nine years referred to in Article 1 of Directive 95/58/EC of the European Parliament and of the Council of 29 November 1995 amending Directive 79/581/EEC on consumer protection in the indication of the prices of foodstuffs and Directive 88/314/EEC on consumer protection in the indication of the prices of non-food products (8) shall be extended until the date referred to in Article 11(1) of this Directive. 2. Directives 79/581/EEC and 88/314/EEC shall be repealed with effect from the date referred to in Article 11 (1) of this Directive. Article 10 This Directive shall not prevent Member States from adopting or maintaining provisions which are more favourable as regards consumer information and comparison of prices, without prejudice to their obligations under the Treaty. Article 11 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 18 March 2000. They shall forthwith inform the Commission thereof. The provisions adopted shall be applicable as of that date. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive. 3. Member States shall communicate the provisions governing the penalties provided for in Article 8, and any later amendments thereto. Article 12 The Commission shall, not later than three years after the date referred to in Article 11(1), submit to the European Parliament and the Council a comprehensive report on the application of this Directive, in particular on the application of Article 6, accompanied by a proposal. The European Parliament and the Council shall, on this basis, re-examine the provisions of Article 6 and shall act, in accordance with the Treaty, within three years of the presentation by the Commission of the proposal referred to in the first paragraph. Article 13 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 This Directive is addressed to the Member States. Done at Brussels, 16 February 1998. For the European Parliament The President J. M. GIL-ROBLES For the Council The President J. CUNNINGHAM (1) OJ C 260, 5. 10. 1995, p. 5 and OJ C 249, 27. 8. 1996, p. 2. (2) OJ C 82, 19. 3. 1996, p. 32. (3) Opinion of the European Parliament of 18 April 1996 (OJ C 141, 13. 5. 1996, p. 191). Council Common Position of 27 September 1996 (OJ C 333, 7. 11. 1996, p. 7) and Decision of the European Parliament of 18 February 1997 (OJ C 85, 17. 3. 1997, p. 26). Decision of the European Parliament of 16 December 1997 and Decision of the Council of 18 December 1997. (4) OJ C 92, 25. 4. 1975, p. 1. (5) OJ C 133, 3. 6. 1981, p. 1. (6) OJ L 158, 26. 6. 1979, p. 19. Directive as last amended by Directive 95/58/EC (OJ L 299, 12. 12. 1995, p. 11). (7) OJ L 142, 9. 6. 1988, p. 19. Directive as last amended by Directive 95/58/EC (OJ L 299, 12. 12. 1995, p. 11). (8) OJ L 299, 12. 12. 1995, p. 11. Commission Declaration Article 2(b): The Commission takes the view that the expression ‘for one kilogramme, one litre, one metre, one square metre or cubic metre of the product or a different single unit of quantity’ in Article 2(b) also applies to products sold by individual item or singly. Commission Declaration Article 12, first paragraph: The Commission considers that Article 12, first paragraph, of the Directive cannot be construed as calling into question its right of initiative.

Summary: Price indications on consumer products Price indications on consumer products SUMMARY OF: Directive 98/6/EC rules on indicating prices of products offered to consumers Directive (EU) 2019/2161 amending Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU as regards the better enforcement and modernisation of EU consumer protection rules WHAT IS THE AIM OF THE DIRECTIVE? Directive 98/6/EC requires the selling price and the unit price of all products offered by traders to consumers to be clearly indicated in order to improve consumer information and to enable price comparisons. It repealed Directives 79/581/EEC (foodstuff prices) and 88/314/EEC (non-foodstuff prices) with effect from 18 March 2000. Directive 98/6/EC was amended by Directive (EU) 2019/2161 on the better enforcement and modernisation of EU consumer protection rules. KEY POINTS Directive 98/6/EC The selling price and the unit price must be indicated in an unambiguous, easily identifiable and clearly legible manner for all products offered by traders to consumers (i.e. the final price should include value added tax and all other taxes). The unit price need not be indicated if it is identical to the selling price. However, EU Member States may decide not to apply these rules: to products supplied in the course of providing a service;to sales by auction and sales of works of art and antiques. For products sold in bulk, only the unit price must be indicated. Any advertising that mentions the selling price must also indicate the unit price. Member States may: waive the obligation to indicate the unit price of products if such indication would not be useful or would be liable to create confusion;draw up a list of non-food products to which the obligation to indicate the unit price still applies in case of such a waiver. The directive provided for a transitional period during which small retail businesses were not obliged to indicate the unit price of products other than those sold in bulk. Member States must: take appropriate measures to inform all persons concerned when this legislation becomes national law;lay down, and provide information on, the system of penalties for infringements of the national laws adopted to apply this directive. Directive (EU) 2019/2161 Amending Directive (EU) 2019/2161 introduces a new article in Directive 98/6/EC regarding information to consumers about price reductions. Any announcement of a price reduction must clearly indicate the price previously applied by the trader (prior price). The prior price means the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction. The amendment provides for regulatory options for Member States as regards goods that are liable to deteriorate or expire rapidly (in particular food), goods that have been on sale for less than 30 days and goods that are subject to continuous price reductions. The existing requirement for Member States to introduce effective, proportionate and dissuasive penalties for breaches of national rules on price indications has been complemented with a list of criteria for the imposition of penalties. FROM WHEN DO THE DIRECTIVES APPLY? Directive 98/6/EC had to become law in the Member States by 18 March 2000. Amending Directive (EU) 2019/2161 had to become law in the Member States by 28 November 2021. Member States must apply the rules of the directive from 28 May 2022. BACKGROUND For further information, see: Price indication directive (European Commission) Guidance on the interpretation and application of Article 6a of Directive 98/6/EC Factsheet – New Deal: What benefits will I get as a consumer? (European Commission). MAIN DOCUMENTS Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, pp. 27–31). Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, pp. 7–28). RELATED DOCUMENTS Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, pp. 1–26). Successive amendments to Regulation (EU) 2017/2394 have been incorporated into the original text. This consolidated version is of documentary value only. Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee – A New Deal for Consumers (COM(2018) 183 final, 11.4.2018). last update 03.02.2022


EUR-Lex - 31998L0083 - EN Avis juridique important | 31998L0083 Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption Official Journal L 330 , 05/12/1998 P. 0032 - 0054 COUNCIL DIRECTIVE 98/83/EC of 3 November 1998 on the quality of water intended for human consumptionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and, in particular, Article 130s(1) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189c (4),(1) Whereas it is necessary to adapt Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption (5) to scientific and technological progress; whereas experience gained from implementing that Directive shows that it is necessary to create an appropriately flexible and transparent legal framework for Member States to address failures to meet the standards; whereas, furthermore, that Directive should be re-examined in the light of the Treaty on European Union and in particular the principle of subsidiarity;(2) Whereas in keeping with Article 3b of the Treaty, which provides that no Community action should go beyond what is necessary to achieve the objectives of the Treaty, it is necessary to revise Directive 80/778/EEC so as to focus on compliance with essential quality and health parameters, leaving Member States free to add other parameters if they see fit;(3) Whereas, in accordance with the principle of subsidiarity, Community action must support and supplement action by the competent authorities in the Member States;(4) Whereas, in accordance with the principle of subsidiarity, the natural and socio-economic differences between the regions of the Union require that most decisions on monitoring, analysis, and the measures to be taken to redress failures be taken at a local, regional or national level insofar as those differences do not detract from the establishment of the framework of laws, regulations and administrative provisions laid down in this Directive;(5) Whereas Community standards for essential and preventive health-related quality parameters in water intended for human consumption are necessary if minimum environmental-quality goals to be achieved in connection with other Community measures are to be defined so that the sustainable use of water intended for human consumption may be safeguarded and promoted;(6) Whereas, in view of the importance of the quality of water intended for human consumption for human health, it is necessary to lay down at Community level the essential quality standards with which water intended for that purpose must comply;(7) Whereas it is necessary to include water used in the food industry unless it can be established that the use of such water does not affect the wholesomeness of the finished product;(8) Whereas to enable water-supply undertakings to meet the quality standards for drinking water, appropriate water-protection measures should be applied to ensure that surface and groundwater is kept clean; whereas the same goal can be achieved by appropriate water-treatment measures to be applied before supply;(9) Whereas the coherence of European water policy presupposes that a suitable water framework Directive will be adopted in due course;(10) Whereas it is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since special rules for those types of water have been established;(11) Whereas measures are required for all parameters directly relevant to health and for other parameters if a deterioration in quality has occurred; whereas, furthermore, such measures should be carefully coordinated with the implementation of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (6) and Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (7);(12) Whereas it is necessary to set individual parametric values for substances which are important throughout the Community at a level strict enough to ensure that this Directive's purpose can be achieved;(13) Whereas the parametric values are based on the scientific knowledge available and the precautionary principle has also been taken into account; whereas those values have been selected to ensure that water intended for human consumption can be consumed safely on a life-long basis, and thus represent a high level of health protection;(14) Whereas a balance should be struck to prevent both microbiological and chemical risks; whereas, to that end, and in the light of a future review of the parametric values, the establishment of parametric values applicable to water intended for human consumption should be based on public-health considerations and on a method of assessing risk;(15) Whereas there is at present insufficient evidence on which to base parametric values for endocrine-disrupting chemicals at Community level, yet there is increasing concern regarding the potential impact on humans and wildlife of the effects of substances harmful to health;(16) Whereas in particular the standards in Annex I are generally based on the World Health Organisation's 'Guidelines for drinking water quality`, and the opinion of the Commission's Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds;(17) Whereas Member States must set values for other additional parameters not included in Annex I where that is necessary to protect human health within their territories;(18) Whereas Member States may set values for other additional parameters not included in Annex I where that is deemed necessary for the purpose of ensuring the quality of the production, distribution and inspection of water intended for human consumption;(19) Whereas, when Member States deem it necessary to adopt standards more stringent than those set out in Annex I, Parts A and B, or standards for additional parameters not included in Annex I but necessary to protect human health, they must notify the Commission of those standards;(20) Whereas Member States are bound, when introducing or maintaining more stringent protection measures, to respect the principles and rules of the Treaty, as they are interpreted by the Court of Justice;(21) Whereas the parametric values are to be complied with at the point where water intended for human consumption is made available to the appropriate user;(22) Whereas the quality of water intended for human consumption can be influenced by the domestic distribution system; whereas, furthermore, it is recognised that neither the domestic distribution system nor its maintenance may be the responsibility of the Member States;(23) Whereas each Member State should establish monitoring programmes to check that water intended for human consumption meets the requirements of this Directive; whereas such monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid down in this Directive;(24) Whereas the methods used to analyse the quality of water intended for human consumption should be such as to ensure that the results obtained are reliable and comparable;(25) Whereas, in the event of non-compliance with the standards imposed by this Directive the Member State concerned should investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water;(26) Whereas it is important to prevent contaminated water causing a potential danger to human health; whereas the supply of such water should be prohibited or its use restricted;(27) Whereas, in the event of non-compliance with a parameter that has an indicator function, the Member State concerned must consider whether that non-compliance poses any risk to human health; whereas it should take remedial action to restore the quality of the water where that is necessary to protect human health;(28) Whereas, should such remedial action be necessary to restore the quality of water intended for human consumption, in accordance with Article 130r(2) of the Treaty, priority should be given to action which rectifies the problem at source;(29) Whereas Member States should be authorised, under certain conditions, to grant derogations from this Directive; whereas, furthermore, it is necessary to establish a proper framework for such derogations, provided that they must not constitute a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means;(30) Whereas, since the preparation or distribution of water intended for human consumption may involve the use of certain substances or materials, rules are required to govern the use thereof in order to avoid possible harmful effects on human health;(31) Whereas scientific and technical progress may necessitate rapid adaptation of the technical requirements laid down in Annexes II and III; whereas, furthermore, in order to facilitate application of the measures required for that purpose, provision should be made for a procedure under which the Commission can adopt such adaptations with the assistance of a committee composed of representatives of the Member States;(32) Whereas consumers should be adequately and appropriately informed of the quality of water intended for human consumption, of any derogations granted by the Member States and of any remedial action taken by the competent authorities; whereas, furthermore, consideration should be given both to the technical and statistical needs of the Commission, and to the rights of the individual to obtain adequate information concerning the quality of water intended for human consumption;(33) Whereas, in exceptional circumstances and for geographically defined areas, it may be necessary to allow Member States a more extensive timescale for compliance with certain provisions of this Directive;(34) Whereas this Directive should not affect the obligations of the Member States as to the time limit for transposition into national law, or as to application, as shown in Annex IV,HAS ADOPTED THIS DIRECTIVE:Article 1 Objective 1. This Directive concerns the quality of water intended for human consumption.2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean.Article 2 Definitions For the purposes of this Directive:1. 'water intended for human consumption` shall mean:(a) all water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of its origin and whether it is supplied from a distribution network, from a tanker, or in bottles or containers;(b) all water used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form;2. 'domestic distribution system` shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption and the distribution network but only if they are not the responsibility of the water supplier, in its capacity as a water supplier, according to the relevant national law.Article 3 Exemptions 1. This Directive shall not apply to:(a) natural mineral waters recognised as such by the competent national authorities, in accordance with Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (8);(b) waters which are medicinal products within the meaning of Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (9).2. Member States may exempt from the provisions of this Directive:(a) water intended exclusively for those purposes for which the competent authorities are satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned;(b) water intended for human consumption from an individual supply providing less than 10 m³ a day as an average or serving fewer than 50 persons, unless the water is supplied as part of a commercial or public activity.3. Member States that have recourse to the exemptions provided for in paragraph 2(b) shall ensure that the population concerned is informed thereof and of any action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption. In addition, when a potential danger to human health arising out of the quality of such water is apparent, the population concerned shall promptly be given appropriate advice.Article 4 General obligations 1. Without prejudice to their obligations under other Community provisions, Member States shall take the measures necessary to ensure that water intended for human consumption is wholesome and clean. For the purposes of the minimum requirements of this Directive, water intended for human consumption shall be wholesome and clean if it:(a) is free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health, and(b) meets the minimum requirements set out in Annex I, Parts A and B;and if, in accordance with the relevant provisions of Articles 5 to 8 and 10 and in accordance with the Treaty, Member States take all other measures necessary to ensure that water intended for human consumption complies with the requirements of this Directive.2. Member States shall ensure that the measures taken to implement this Directive in no circumstances have the effect of allowing, directly or indirectly, either any deterioration of the present quality of water intended for human consumption so far as that is relevant for the protection of human health or any increase in the pollution of waters used for the production of drinking water.Article 5 Quality standards 1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I.2. The values set in accordance with paragraph 1 shall not be less stringent than those set out in Annex I. As regards the parameters set out in Annex I, Part C, the values need be fixed only for monitoring purposes and for the fulfilment of the obligations imposed in Article 8.3. A Member State shall set values for additional parameters not included in Annex I where the protection of human health within its national territory or part of it so requires. The values set should, as a minimum, satisfy the requirements of Article 4(1)(a).Article 6 Point of compliance 1. The parametric values set in accordance with Article 5 shall be complied with:(a) in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the taps that are normally used for human consumption;(b) in the case of water supplied from a tanker, at the point at which it emerges from the tanker;(c) in the case of water put into bottles or containers intended for sale, at the point at which the water is put into the bottles or containers;(d) in the case of water used in a food-production undertaking, at the point where the water is used in the undertaking.2. In the case of water covered by paragraph 1(a), Member States shall be deemed to have fulfilled their obligations under this Article and under Articles 4 and 8(2) where it can be established that non-compliance with the parametric values set in accordance with Article 5 is due to the domestic distribution system or the maintenance thereof except in premises and establishments where water is supplied to the public, such as schools, hospitals and restaurants.3. Where paragraph 2 applies and there is a risk that water covered by paragraph 1(a) would not comply with the parametric values established in accordance with Article 5, Member States shall nevertheless ensure that:(a) appropriate measures are taken to reduce or eliminate the risk of non-compliance with the parametric values, such as advising property owners of any possible remedial action they could take, and/orother measures, such as appropriate treatment techniques, are taken to change the nature or properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric values after supply;and(b) the consumers concerned are duly informed and advised of any possible additional remedial action that they should take.Article 7 Monitoring 1. Member States shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out, in order to check that the water available to consumers meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples should be taken so that they are representative of the quality of the water consumed throughout the year. In addition, Member States shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.2. To meet the obligations imposed in paragraph 1, appropriate monitoring programmes shall be established by the competent authorities for all water intended for human consumption. Those monitoring programmes shall meet the minimum requirements set out in Annex II.3. The sampling points shall be determined by the competent authorities and shall meet the relevant requirements set out in Annex II.4. Community guidelines for the monitoring prescribed in this Article may be drawn up in accordance with the procedure laid down in Article 12.5 (a) Member States shall comply with the specifications for the analyses of parameters set out in Annex III.(b) Methods other than those specified in Annex III, Part 1, may be used, providing it can be demonstrated that the results obtained are at least as reliable as those produced by the methods specified. Member States which have recourse to alternative methods shall provide the Commission with all relevant information concerning such methods and their equivalence.(c) For those parameters listed in Annex III, Parts 2 and 3, any method of analysis may be used provided that it meets the requirements set out therein.6. Member States shall ensure that additional monitoring is carried out on a case-by-case basis of substances and micro-organisms for which no parametric value has been set in accordance with Article 5, if there is reason to suspect that they may be present in amounts or numbers which constitute a potential danger to human health.Article 8 Remedial action and restrictions in use 1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 is immediately investigated in order to identify the cause.2. If, despite the measures taken to meet the obligations imposed in Article 4(1), water intended for human consumption does not meet the parametric values set in accordance with Article 5, and subject to Article 6(2), the Member State concerned shall ensure that the necessary remedial action is taken as soon as possible to restore its quality and shall give priority to their enforcement action, having regard inter alia to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health.3. Whether or not any failure to meet the parametric values has occurred, Member States shall ensure that any supply of water intended for human consumption which constitutes a potential danger to human health is prohibited or its use restricted or such other action is taken as is necessary to protect human health. In such cases consumers shall be informed promptly thereof and given the necessary advice.4. The competent authorities or other relevant bodies shall decide what action under paragraph 3 should be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.5. Member States may establish guidelines to assist the competent authorities to fulfil their obligations under paragraph 4.6. In the event of non-compliance with the parametric values or with the specifications set out in Annex I, Part C, Member States shall consider whether that non-compliance poses any risk to human health. They shall take remedial action to restore the quality of the water where that is necessary to protect human health.7. Member States shall ensure that, where remedial action is taken, consumers are notified except where the competent authorities consider the non-compliance with the parametric value to be trivial.Article 9 Derogations 1. Member States may provide for derogations from the parametric values set out in Annex I, Part B, or set in accordance with Article 5(3), up to a maximum value to be determined by them, provided no derogation constitutes a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Derogations shall be limited to as short a time as possible and shall not exceed three years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. Where a Member State intends to grant a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. No such second derogation shall exceed three years.2. In exceptional circumstances, a Member State may ask the Commission for a third derogation for a period not exceeding three years. The Commission shall take a decision on any such request within three months.3. Any derogation granted in accordance with paragraphs 1 or 2 shall specify the following:(a) the grounds for the derogation;(b) the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;(c) the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;(d) an appropriate monitoring scheme, with an increased monitoring frequency where necessary;(e) a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing;(f) the required duration of the derogation.4. If the competent authorities consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with Article 8(2) is sufficient to remedy the problem within 30 days, the requirements of paragraph 3 need not be applied.In that event, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authorities or other relevant bodies.5. Recourse may no longer be had to paragraph 4 if failure to comply with any one parametric value for a given water supply has occurred on more than 30 days on aggregate during the previous 12 months.6. Any Member State which has recourse to the derogations provided for in this Article shall ensure that the population affected by any such derogation is promptly informed in an appropriate manner of the derogation and of the conditions governing it. In addition the Member State shall, where necessary, ensure that advice is given to particular population groups for which the derogation could present a special risk.These obligations shall not apply in the circumstances described in paragraph 4 unless the competent authorities decide otherwise.7. With the exception of derogations granted in accordance with paragraph 4 a Member State shall inform the Commission within two months of any derogation concerning an individual supply of water exceeding 1 000 m³ a day as an average or serving more than 5 000 persons, including the information specified in paragraph 3.8. This Article shall not apply to water intended for human consumption offered for sale in bottles or containers.Article 10 Quality assurance of treatment, equipment and materials Member States shall take all measures necessary to ensure that no substances or materials for new installations used in the preparation or distribution of water intended for human consumption or impurities associated with such substances or materials for new installations remain in water intended for human consumption in concentrations higher than is necessary for the purpose of their use and do not, either directly or indirectly, reduce the protection of human health provided for in this Directive; the interpretative document and technical specifications pursuant to Article 3 and Article 4 (1) of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (10) shall respect the requirements of this Directive.Article 11 Review of Annexes 1. At least every five years, the Commission shall review Annex I in the light of scientific and technical progress and shall make proposals for amendments, where necessary, under the procedure laid down in Article 189c of the Treaty.2. At least every five years, the Commission shall adapt Annexes II and III to scientific and technical progress. Such changes as are necessary shall be adopted in accordance with the procedure laid down in Article 12.Article 12 Committee procedure 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by a Commission representative.2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt measures which shall apply immediately. However, if those measures are not in accordance with the committee's opinion, the Commission shall communicate them to the Council forthwith. In that event:(a) the Commission shall defer application of the measures which it has adopted for a period of three months from the date of communication;(b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in point (a).Article 13 Information and reporting 1. Member States shall take the measures necessary to ensure that adequate and up-to-date information on the quality of water intended for human consumption is available to consumers.2. Without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (11), each Member State shall publish a report every three years on the quality of water intended for human consumption with the objective of informing consumers. The first report shall cover the years 2002, 2003 and 2004. Each report shall include, as a minimum, all individual supplies of water exceeding 1 000 m³ a day as an average or serving more than 5 000 persons and it shall cover three calendar years and be published within one calendar year of the end of the reporting period.3. Member States shall send their reports to the Commission within two months of their publication.4. The formats and the minimum information for the reports provided for in paragraph 2 shall be determined having special regard to the measures referred to in Article 3(2), Article 5(2) and (3), Article 7(2), Article 8, Article 9(6) and (7) and 15(1), and shall if necessary be amended in accordance with the procedure laid down in Article 12.5. The Commission shall examine the Member States' reports and, every three years, publish a synthesis report on the quality of water intended for human consumption in the Community. That report shall be published within nine months of the receipt of the Member States' reports.6. Together with the first report on this Directive as mentioned in paragraph 2, Member States shall also produce a report to be forwarded to the Commission on the measures they have taken or plan to take to fulfill their obligations pursuant to Article 6(3) and Annex I, Part B, note 10. The Commission shall submit, as appropriate, a proposal on the format of this report in accordance with the procedure laid down in Article 12.Article 14 Timescale for compliance Member States shall take the measures necessary to ensure that the quality of water intended for human consumption complies with this Directive within five years of its entry into force, without prejudice to Notes 2, 4 and 10 in Annex I, Part B.Article 15 Exceptional circumstances 1. A Member State may, in exceptional circumstances and for geographically defined areas, submit a special request to the Commission for a period longer than that laid down in Article 14. The additional period shall not exceed three years, towards the end of which a review shall be carried out and forwarded to the Commission which may, on the basis of that review, permit a second additional period of up to three years. This provision shall not apply to water intended for human consumption offered for sale in bottles or containers.2. Any such request, grounds for which shall be given, shall set out the difficulties experienced and include, as a minimum, all the information specified in Article 9(3).3. The Commission shall examine that request in accordance with the procedure laid down in Article 12.4. Any Member State which has recourse to this Article shall ensure that the population affected by its request is promptly informed in an appropriate manner of the outcome of that request. In addition, the Member State shall, where necessary, ensure that advice is given to particular population groups for which the request could present a special risk.Article 16 Repeal 1. Directive 80/778/EEC is hereby repealed with effect from five years after the entry into force of this Directive. Subject to paragraph 2, this repeal shall be without prejudice to Member States' obligations regarding deadlines for transposition into national law and for application as shown in Annex IV.Any reference to the Directive repealed shall be construed as a reference to this Directive and shall be read in accordance with the correlation table set out in Annex V.2. As soon as a Member State has brought into force the laws, regulations and administrative provisions necessary to comply with this Directive and has taken the measures provided for in Article 14, this Directive, not Directive 80/778/EEC, shall apply to the quality of water intended for human consumption in that Member State.Article 17 Transposition into national law 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its entry into force. They shall forthwith inform the Commission thereof.When the Member States adopt those measures, these shall contain references to this Directive or shall be accompanied by such references on the occasion of their official publication. The methods of making such references shall be laid down by the Member States.2. The Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.Article 18 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 19 Addressees This Directive is addressed to the Member States.Done at Brussels, 3 November 1998.For the CouncilThe PresidentB. PRAMMER(1) OJ C 131, 30.5.1995, p. 5 andOJ C 213, 15.7.1997, p. 8.(2) OJ C 82, 19.3.1996, p. 64.(3) OJ C 100, 2.4.1996, p. 134.(4) Opinion of the European Parliament of 12 December 1996 (OJ C 20, 20.1.1997, p. 133), Council common position of 19 December 1997 (OJ C 91, 26.3.1998, p. 1) and Decision of the European Parliament of 13 May 1998 (OJ C 167, 1.6.1998, p. 92).(5) OJ L 229, 30.8.1980, p. 11. Directive as last amended by the 1994 Act of Accession.(6) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 96/68/EC (OJ L 277, 30.10.1996, p. 25).(7) OJ L 123, 24.4.1998, p. 1.(8) OJ L 229, 30.8.1980, p. 1. Directive as last amended by Directive 96/70/EC (OJ L 299, 23.11.1996, p. 26).(9) OJ 22 9.2.1965, p. 369. Directive as last amended by Directive 93/39/EEC (OJ L 214, 24.8.1993, p. 22).(10) OJ L 40, 11.2.1989, p. 12. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).(11) OJ L 158, 23.6.1990, p. 56.ANNEX I PARAMETERS AND PARAMETRIC VALUES PART A >TABLE>The following applies to water offered for sale in bottles or containers:>TABLE>PART B >TABLE>PART C >TABLE>ANNEX II MONITORING TABLE A Parameters to be analysed 1. Check monitoringThe purpose of check monitoring is regularly to provide information on the organoleptic and microbiological quality of the water supplied for human consumption as well as information on the effectiveness of drinking-water treatment (particularly of disinfection) where it is used, in order to determine whether or not water intended for human consumption complies with the relevant parametric values laid down in this Directive.The following parameters must be subject to check monitoring. Member States may add other parameters to this list if they deem it appropriate.Aluminium (Note 1)AmmoniumColourConductivityClostridium perfringens (including spores) (Note 2)Escherichia coli (E. coli)Hydrogen ion concentrationIron (Note 1)Nitrite (Note 3)OdourPseudomonas aeruginosa (Note 4)TasteColony count 22 °C and 37 °C (Note 4)Coliform bacteriaTurbidityNote 1: Necessary only when used as flocculant (1*).Note 2: Necessary only if the water originates from or is influenced by surface water (2*).Note 3: Necessary only when chloramination is used as a disinfectant (3*).Note 4: Necessary only in the case of water offered for sale in bottles or containers.2. Audit monitoringThe purpose of audit monitoring is to provide the information necessary to determine whether or not all of the Directive's parametric values are being complied with. All parameters set in accordance with Article 5(2) and (3) must be subject to audit monitoring unless it can be established by the competent authorities, for a period of time to be determined by them, that a parameter is not likely to be present in a given supply in concentrations which could lead to the risk of a breach of the relevant parametric value. This paragraph does not apply to the parameters for radioactivity, which, subject to Notes 8, 9 and 10 in Annex I, Part C, will be monitored in accordance with monitoring requirements adopted under Article 12.TABLE B1 Minimum frequency of sampling and analyses for water intended for human consumption supplied from a distribution network or from a tanker or used in a food-production undertaking Member States must take samples at the points of compliance as defined in Article 6(1) to ensure that water intended for human consumption meets the requirements of the Directive. However, in the case of a distribution network, a Member State may take samples 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.>TABLE>Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform.Note 2: The volumes are calculated as averages taken over a calendar year. A Member State may use the number of inhabitants in a supply zone instead of the volume of water to determine the minimum frequency, assuming a water consumption of 200 l/day/capita.Note 3: In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers is to be decided by the Member State concerned.Note 4: For the different parameters in Annex I, a Member State may reduce the number of samples specified in the table if:(a) the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Annex I, and(b) no factor is likely to cause a deterioration of the quality of the water.The lowest frequency applied must not be less than 50 % of the number of samples specified in the table except in the particular case of note 6.Note 5: As far as possible, the number of samples should be distributed equally in time and location.Note 6: The frequency is to be decided by the Member State concerned.TABLE B2 Minimum frequency of sampling and analysis for water put into bottles or containers intended for sale >TABLE>(1*) In all other cases, the parameters are in the list for audit monitoring.ANNEX III SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS Each Member State must ensure that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is not under the control of the laboratory and who is approved by the competent authority for that purpose.1. PARAMETERS FOR WHICH METHODS OF ANALYSIS ARE SPECIFIEDThe following principles for methods of microbiological parameters are given either for reference whenever a CEN/ISO method is given or for guidance, pending the possible future adoption, in accordance with the procedure laid down in Article 12, of further CEN/ISO international methods for these parameters. Member States may use alternative methods, providing the provisions of Article 7(5) are met.Coliform bacteria and Escherichia coli (E. coli) (ISO 9308-1)Enterococci (ISO 7899-2)Pseudomonas aeruginosa (prEN ISO 12780)Enumeration of culturable microorganisms - Colony count 22 °C (prEN ISO 6222)Enumeration of culturable microorganisms - Colony count 37 °C (prEN ISO 6222)Clostridium perfringens (including spores)Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar (Note 1) at 44 ± 1 °C for 21 ± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.Note 1: The composition of m-CP agar is:>TABLE>Dissolve the ingredients of the basal medium, adjust pH to 7,6 and autoclave at 121 °C for 15 minutes. Allow the medium to cool and add:>TABLE>2. PARAMETERS FOR WHICH PERFORMANCE CHARACTERISTICS ARE SPECIFIED2.1. For the following parameters, 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 trueness, precision and limit of detection specified. Whatever the sensitivity of the method of analysis used, the result must be expressed using at least the same number of decimals as for the parametric value considered in Annex I, Parts B and C.>TABLE>2.2. For hydrogen ion concentration the specified performance characteristics are that the method of analysis used must be capable of measuring concentrations equal to the parametric value with a trueness of 0,2 pH unit and a precision of 0,2 pH unit.Note 1 (1*): Trueness is the systematic error and is the difference between the mean value of the large number of repeated measurements and the true value.Note 2 (2*): Precision is the random error and is usually expressed as the standard deviation (within and between batch) of the spread of results about the mean. Acceptable precision is twice the relative standard deviation.Note 3: Limit of detection is either:- three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter,or- five times the relative within batch standard deviation of a blank sample.Note 4: The method should determine total cyanide in all forms.Note 5: Oxidation should be carried out for 10 minutes at 100 °C under acid conditions using permanganate.Note 6: The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned. The limit of detection may not be achievable for all pesticides at present, but Member States should strive to achieve this standard.Note 7: The performance characteristics apply to the individual substances specified at 25 % of the parametric value in Annex I.Note 8: The performance characteristics apply to the individual substances specified at 50 % of the parametric value in Annex I.3. PARAMETERS FOR WHICH NO METHOD OF ANALYSIS IS SPECIFIEDColourOdourTasteTotal organic carbonTurbidity (Note 1)Note 1: For turbidity monitoring in treated surface water 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 trueness of 25 %, precision of 25 % and a 25 % limit of detection.(1*) These terms are further defined in ISO 5725.ANNEX IV >TABLE>ANNEX V >TABLE>

Summary: Drinking water — essential quality standards (until 2023) Drinking water — essential quality standards (until 2023) SUMMARY OF: Directive 98/83/EC — quality of water intended for human consumption WHAT IS THE AIM OF THE DIRECTIVE? It sets standards for drinking water. It aims to protect public health from the adverse effect of any contamination by ensuring water for human consumption* is wholesome and clean. KEY POINTS EU countries must: take the necessary measures to ensure the water does not contain concentrations of microorganisms, parasites or harmful substances that could be a danger to human health, and meets minimum microbiological and chemical standards;ensure the standards are met when the water comes out of a tap or tanker;monitor the water regularly at agreed sampling points in order to check that the microbiological, chemical and indicator parameter values are met;investigate immediately when the standards are not met and take the necessary corrective action;ban or restrict a water supply if it is considered to be a potential threat to public health;inform the public when corrective action is taken;publish a report every 3 years on drinking water quality. This information for the public is sent to the European Commission. The Commission: publishes every 3 years a report putting together national data on the quality of drinking water;reviews every 5 years the microbiological, chemical and indicator parameters and the monitoring specifications, taking account of scientific and technological progress. It may propose that these be adjusted. The directive does not apply to natural mineral waters or waters which are considered to be medicinal products. EU countries may exempt from their legislation private, non-commercial water supply, serving fewer than 50 people. In 2015, the Commission adopted Directive (EU) 2015/1787 introducing new EU rules to improve monitoring of drinking water. The directive allows EU countries greater flexibility as to how drinking water is monitored across the EU. Related development In early 2014, the first European Citizens’ Initiative (ECI), after a Right2Water campaign, called for EU legislation to guarantee the right to water and sanitation. The ECI was introduced by Article 11(4) of the Treaty on European Union. It allows the public to ask the Commission to act in areas of its responsibility, provided the petition secures at least 1 million signatures in at least 7 EU countries. Repeal Directive 98/83/EC is repealed by Directive (EU) 2020/2184 (see summary) as of 12 January 2023. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 25 December 1998. It had to become law in the EU countries by 25 December 2000. BACKGROUND For more information, see: The European Citizens' Initiative: Official register (European Commission) Drinking water (European Commission). KEY TERMS Water for human consumption: water in its original state or after treatment intended for drinking, cooking, preparing food or other domestic purposes. It may be supplied from a tap, tanker, bottle or container. MAIN DOCUMENT Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, pp. 32-54) Successive amendments to Directive 98/83/EC have been incorporated in to the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast) (OJ L 435, 23.12.2020, pp. 1-62) last update 12.02.2021