1. Directive 98/83/EC « water intended for human consumption » of 3 November 1998 Ministère de la Santé, de la jeunesse, des sports et de la vie associative Warsaw 2-5 June 2009 Training on water quality monitoring for State Sanitary Inspection Workshop on Reporting Responsibilities for providing information to the Public in France Pierre Chantrel International Office for Water PARIS

2. Granting derogations : Regulatory texts The EU Directive 98/83 The EU Directive 98/83 Decree 2001-1220 of 20 December 2001 Decree 2001-1220 of 20 December 2001 article 24 Public Health Code Public Health Code articles R. 1321-31 to R. 1321-36 Ministerial order of Ministerial order of 25 Novembre 2003 Circulars Circulars DGS/SD7A n° 90 of 1st March 2004 and DGS/SD7A n° 2006-110 of 8th March 2006

3. Derogations Two conditions: Two conditions:  no risk to human health,  no other reasonable means available to guarantee the water supply. guarantee the water supply.

4. Derogations Only applicable to quality limits, microbiology excluded, Only applicable to quality limits, microbiology excluded, Safeguarding the consumer’s health, Safeguarding the consumer’s health, Restoring a compliant situation Restoring a compliant situation Within limited time (3 x 3 years under conditions)‏ Within limited time (3 x 3 years under conditions)‏

5. Derogations Safeguarding the consumer’s health: Safeguarding the consumer’s health:  maximum permissible value for the parameter concerned (methodology AFSSA based on the ADI Acceptable Daily Intake : contribution of water, alimentation and other sources for each substance; for carcinogenic substances : excess lifetime Cancer Risk),  reinforced monitoring and health control programme,  specific provisions for information.

6. Health General Directorate (Ministry of Health)‏ Regional environmental health divisions of MoH CIRE: Inter-Regional Epidemiological divisions of InVS InVS : National Institute of Epidemiological Surveillance AFSSA: Food Safety Agency = expertise Agency in the domain of drinking water Regional level National level - investigate epidemiological issues - operate quantitative risk assessements epidemiological investigations expertise Risk evaluation and management

7. Risk evaluation : AFSSA AFSSA (French Food Safety Agency) : AFSSA (French Food Safety Agency) :  2004 « Evaluation of Health Risks due to the overtaking of limits and guide values in drinking water »  Risk evaluation for: _ Antimony –Chlorites –Fluorures –Lead –Arsenic –Selenium –Vinyle Chlorure  2008 : 20 substances - Aluminium - Sulfates - Chlorures - Benzo[a]pyrene and PAH - Nickel - Copper

8. Derogations Restoring a compliant situation: Restoring a compliant situation:  plan for necessary remedial measures,  work timetable.

9. Application for a derogation  under Article R.1321-32. 1° of the Public Health Code Remedial measures are taken that can correct the situation within 30 days and The duration of non-compliance didn’t exceed 30 days over the last 12 months  under Article R.1321-32. 2° of the Public Health Code Remedial measures are taken but cannot correct the situation within 30 days Or The duration of non-compliance exceeded 30 days over the last 12 months

10. Application for a derogation : Information relative to the context : Information relative to the context :  Parameters concerned  Reasons and justification for derogation  Results of sanitary survey :  results of monitoring by the PPPRWS  results of official health control by MoH  Maximum permissible value requested for the parameter concerned In case of application under Art. R.1321-32 1° :  Duration of previous derogations, including, if any, granted during previous 12 months

11. Application for a derogation : Information relative to the distribution unit : Information relative to the distribution unit :  identification  Description of system :  production  treatment  distribution  Volume/day and population supplied  Information relative to food industries supplied, if any  Any other relevant information for evaluation of the risk

12. Application for a derogation : Information relative to the monitoring by the PPPRWS Information relative to the monitoring by the PPPRWS Programme of measures for restoring quality Programme of measures for restoring quality Under Art 1321-32 1° and under Art 1321-32 2° :  Description of the solution envisaged to restore quality Under Art 1321-32 2° : must include  Timeschedule  Cost estimate  Indicators  on measures implementation  on results : monitoring results and MoH control results

13. Application for a derogation : Information to the population Information to the population  Existing and forecasted means for information relative to the derogation  Existing and forecasted health advice to the population, and specifically groups at risk In case of application for a 2 nd or 3 rd derogation In case of application for a 2 nd or 3 rd derogation  Report(s) on the previous derogation (s)‏

14. Granting derogations Granted by Prefect’s order: Granted by Prefect’s order:  maximum permissible value for the parameter concerned,  reinforced monitoring and health control programme,  specific provisions for information.

15. Granting derogations Before Granting a derogation Before Granting a derogation  The Prefect consults the CODERST Environmental, Sanitary and Technological risks Committee (Departemental Hygiene Committee)‏ After Granting a derogation After Granting a derogation  The Prefect informs the MoH in case  Unit > 5000 inhabitants  2 nd derogation (incl. Report on 1st derog.)‏ In case of 3rd derogation In case of 3rd derogation  The Prefect consults the CODERST  Transmits the request to the MoH (incl. Report on previous derog.)‏  The MoH transmits to the EU Commission

16. Granting derogations (recap. diagram)‏ R.1321-32. 2° : Remedial measures are taken but the situation cannot be corrected within 30 days or the duration of non-compliance exceeded 30 days over the last 12 months R.1321-32. 1° : Remedial measures are taken and the situation can be corrected within 30 days and the duration of non-compliance was less than 30 days over the last 12 months Possible derogation (max. duration: 3 years)‏ Application made 6 months before the end of the 1st derogation Granted by the Prefect after advice from CSHPF + AFSSA 2nd derogation (max. duration: 3 years)‏ Application made 8 months before the end of the 2nd derogation granted by the Prefect after advice from CSHPF + AFSSA and the European Commission 3rd derogation max : 3 years Report Granted by the Prefect who specifies the duration, maximum permissible value the improvement plan, reinforced control + public information Possible derogation with a « simplified procedure » granted by Prefect ’s Order Report

17. Derogations: information to the Public Remedial measures are taken but the situation cannot be corrected within 30 days or the duration of non-compliance exceeded 30 days over the last 12 months Remedial measures are taken and the situation can be corrected within 30 days and the duration of non-compliance was less than 30 days over the last 12 months Possible derogation (max. duration: 3 years)‏ 2nd derogation (max. duration: 3 years)‏ 3rd derogation max : 3 years Report Information to the Public done under Art. R. 1321-36 of Public Health Code Prefect ensures that PPPRWS informs : - relatively to the derogation, quality limits, time,… - the conditions, measures,… - and advise the population or groups of population at specific risk. « simplified procedure » Information to the Public done under Art. R. 1321-30 of Public Health Code by the PPPRWS Report

18. Ministère de la Santé, de la jeunesse, des sports et de la vie associative Warsaw 2-5 June 2009 Training on water quality monitoring for State Sanitary Inspection THANK YOU FOR YOUR ATTENTION Pierre Chantrel International Office for Water PARIS