Water, Water Everywhere, but is it Safe To Drink? An Analysis of the Drinking Water Directive Before the Court of Justice and its Possible Consequences for Ireland
| Author | Ronan Lambe |
| Position | Junior Sophister Law student, Trinity College, Dublin |
| Pages | 53-76 |
WATER, WATER
EVERYWHERE9
BUT
IS
IT
SAFE
TO
DRINK?
AN
ANALYSIS
OF
THE
BEFORE
THE
COURT
OF
JUSTICE
AND
ITS
POSSIBLE
CONSEQUENCES
FOR
IRELAND
RONAN
LAMBE*
Introduction
The
was
adopted
on
15
July
1980.
It
has
at
its
core,
concerns
for
protection
of
public health. It
aims
to
ensure that
certain
rigorous
standards
are
met
by
Member
States
as
regards
all
water
for
human
consumption, whether
for
drinking or
used in food
preparation
and
production.
The
Member States were
required
in
Article
18
of
the
Directive
to
guarantee that
all
drinking
water
adhered
to
these standards
within
two
years
of
being
notified
of
the
adoption
of
the
Directive.
Article
19
also
required
them
to
put
into place
domestic
legislation
transposing
the
effects
of
the
Directive
within
five
years
of
notification.
3
The
Directive
imposes
a
duty
on
the
Member States
to ensure
that
the
standards
set
out
in
the
Schedules
to
the
Directive
are
strictly
obeyed,
by
carrying
out
regular
monitoring
of
supplies.
The
Schedules
set
out
65
microbiological,
physical,
chemical
and aesthetic
parameters
which
must
be
complied
with.
There
are
Maximum
Admissible Concentrations
(MACs) set
out for
44
substances,
which
the
Member
States
must
regularly test
for
and
include
in
their
Junior
Sophister
Law
student,
Trinity
College,
Dublin.
The
author
wishes
to thank
Professor
Yvonne Scannell,
who
read
an
earlier draft
of
this
article.
Any
errors
and
omissions
remain
those
of
the
author.
1
Council
of
15
July
1980
on
the
Quality
of
Water Intended
for
Human
Consumption,
OJ
L229,
7
November
1981,
amended
by
OJ
L330,
5
December
1998.
See Kiss
and
Shelton,
Manual
of
European
Environmental
Law
(Copernicus
and
Cambridge Groitius
Publications,
1993),
232-237, 248-249;
Lister,
European
Environmental
Law
-
A
Guide
for
Industry
(John
Wiley
&
Sons,
1996)
at
132-133;
EU
Environment Guide
1995
(The
EC
Committee
of
the
American Chamber
of
Commerce
in
Belgium,
1995) at
26.
2
Article
2.
3
Member States
were
notified
on
18
July
1980.
©
2001
Ronan Lambe
and
Dublin
University
Law
Society
Trinity College
Law Review
National
implementing legislation.
Guidelines
for
the
testing
of
the
other
21
substances
are
also
included.
Very
strict
guidelines
are
laid
down
as
to
when
the
MACs contained
in
the
Directive
may
be
exceeded.
Derogations from permitted
levels
may
only
be
granted
in
certain
limited
circumstances,
an
example
being
'exceptional
meteorological conditions'.
4
However
the
derogations
may
only
be
granted
where
the supply
of
water
cannot
otherwise
be
maintained
and
the
higher
concentration
of
substances
contained
in
the
Schedules
does
not
contain
an
'unacceptable risk
to
public
health'.5
Where
the
quality
of
the
water
does not meet
the
requirements
contained
in
the Directive,
the
Member
State
must
warn
consumers
of
the
water
that
there
is
a
risk
to
public
health. Where
this
water
is
from
a
public
supply,
the
Member
State
is
duty
bound
to
prepare
an
action
programme
to
ensure
the
water
improves
sufficiently
in
quality
as
soon
as is
practicable.
All
Member
States
implemented
the
into
national legislation
sooner
or
later.
6
This article
will examine
the
litigation
involving
the
Directive
which
has
come
before
the
Court
of
Justice.
It will
then
proceed
to
consider
the
quality
of
drinking
water
supplied
to Irish
consumers.
Lastly
it
will
analyse
the
current
litigation
before
the
court
involving
Ireland
7
and
contemplate
the
possible
effects
that
this case
and
the previous
rulings
could
have
for
the
Government,
suppliers
and
consumers
of
water
here
alike.
4
Article
9(l)(b).
5
Article
10(1).
6
Ireland
did
so
by
means
of
the
European
Communities
(Quality
of
Water
for Human
Consumption)
Regulations,
1988,
SI
No.
81
of
1988, as
amended
by
the
European
Communities
(Quality
of
Water for
Human
Consumption)(Amendment)
Regulations,
1999,
SI
No.
350
of
1999.
It
should
be
noted
that
the
recent
amendment
to
the
original
Directive,
Council
on
the
Quality
of
Water Intended
for
Human Consumption,
OJ
L330,
5
December,
1998
came
about
in the
light
of
scientific and
technological
advances in
the area
of
drinking
water
analysis and
research. The
amended Directive
for
the first
time
states
that
the
fundamental principles
of
European environmental
law,
'Subsidiarity'
and
the
'Precautionary
principle',
are
to
be
applied
to
the area
of
drinking water
regulation.
The
Directive
signifies
that all
Member
States
should
be
compliant
with
its effects
within
two
years
of
enactment.
See
generally "European
Union
Water
-
Drinking
Water"
(1999)
8
EELR
55.
7
Case
316/00
Commission
v.
Ireland
OJ
C302,
21
October
2000.
[Vol.
4
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