S.I. No. 99/2023 - European Union (Drinking Water) Regulations 2023
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
2 amending acts · 2026-01-02, S.I. No. 673/2025 - European Union (Drinking Water) (Amendment) Regulations 2025
| Criteria | Organic (Note 1) | Metallic (Note 2) | Cementitious | Enamels and ceramic materials |
| European positive lists | ||||
| European positive list of starting sub-stances for organic materials | X | N.N. | X | N.N. |
| European positive list of accepted metallic compositions | N.N. | X | N.N. | N.N. |
| European positive list of constituents for cementitious materials | N.N. | N.N. | X | N.N. |
| European positive list of compositions for enamels and ceramic materials | N.N. | N.N. | N.N. | X |
| Organoleptic tests | ||||
| Odour and flavour | X | N.N. | X | N.N. |
| Colour and Turbidity | X | N.N. | X | N.N. |
| General hygiene assessments | ||||
| Leaching of total organic carbon | X | N.N. | X | N.N. |
| Surface residues (metals) | N.N. | X | N.N. | N.N. |
| Migration testing | ||||
| Relevant parameters of these Regulations | X | X | X | X |
| MTCtap of PL substances | X | N.N. | X (Note 3) | N.N. |
| Unexpected substances (GCMS) | X | N.N. | X (Note 3) | N.N. |
| Compliance with compositions lists | N.N. | X | N.N. | X |
| Enhancement of microbial growth | X | N.N. | X (Note 3) | N.N. |
N.N.: Not necessary
MTCtap: Maximum tolerable concentration at the tap (either derived from the opinion of ECHA for the purposes of inclusion of the substance in the European positive list, or based on a specific migration limit set in Commission Regulation (EU) No 10/2011 of 14 January 201111 and considering a 10 % allocation factor and water consumption of 2 litres per day)
GCMS: Gas Chromatography - Mass Spectrometry (screening method)
Notes to Table
Note 1: Specific exceptions to be determined in line with paragraph 5;
Note 2: Metals shall not be subject to organoleptic testing because it is generally accepted that if the parametric values set out in Schedule 1 are met, organoleptic problems are unlikely to arise;
Note 3: Depending on the existence of organic substances in the composition;
SCHEDULE 6
Regulation 10(3), (4) and (11)
SOURCE PROTECTION
Roles and responsibilities for drinking water source protection in the catchment areas to the abstractions points for water intended for human consumption
The detailed description of these roles and responsibilities shall be further outlined in guidelines in relation to drinking water source protection made by the Minister in accordance with Regulation 10(11).
The risk-based approach to source protection for the catchment areas of abstraction points producing water intended for human consumption, is divided into activities across the source protection agencies, these activities include:
- • Risk assessment of the catchment areas
- • Risk management of the catchment areas
- • Monitoring
- • Data Sharing
- • Reporting
The roles and responsibilities for source protection agencies shall be as follows:
Uisce Éireann:
- • shall prepare and update risk assessments for their individual water supplies and abstractions,
- • shall initiate and coordinate collaborative risk management of catchment areas, with support from other public bodies, including the preparation and updating of risk management plans which will document the source risk management approach and selection of preventive and/or mitigation measures,
- • shall coordinate technical assessments and track implementation, and
- • shall share data from source monitoring, source risk assessment and source risk management with other relevant public bodies; and will provide this information to the EPA.
EPA:
- • shall support risk assessment and risk management through sharing relevant data, expertise and information from Water Framework Directive monitoring,
- • may review and assess source risk assessment and source risk management plans,
- • may issue guidelines in relation to the risk assessment and risk management,
- • shall fulfil requirements for reporting to European Commission,
- • may optimise national Water Framework Directive monitoring to align with the objectives of drinking water source protection, and
- • shall collate and make available relevant data from the Water Framework Directive and Drinking Water Directive monitoring programmes and assessments with the Water Suppliers and other relevant public bodies.
Local Authorities:
- • shall support risk assessment and risk management of catchments for abstractions, through the sharing of relevant data, expertise and information, consistent with their roles and responsibilities under Water Framework Directive,
- • may carry out further characterisation in the catchment areas of sources and shall share findings with Water Suppliers and the EPA,
- • may review and assess source risk assessments and source risk management plans,
- • shall collect, and make available to the EPA, relevant information on the nature of the supplies, and their risk and risk management assessments,
- • may support the planning and implementation of measures in catchments of abstractions, and may refer actions to the relevant implementing bodies where appropriate, and
- • shall prioritise, where appropriate, the enforcement of measures established for contaminant-specific safeguard zones, where these are established.
GSI:
- • shall delineate zones of contribution for groundwater-sourced abstractions,
- • may technically review all delineated abstraction catchments (both surface water and groundwater),
- • shall support risk assessment and risk management of catchment areas through the sharing of relevant data, expertise and information, including:
- • Supporting catchment characterisation and further characterisation activity,
- • Supporting the delineation of critical source areas within catchments of abstractions in karst settings,
- • Developing an online tool for use by private supply owners or their agents to delineate groundwater source catchments, and
- • shall host and maintain all delineated abstraction catchments (both surface water and groundwater).
GIVEN under my Official Seal,
7 March, 2023.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
The purpose for which these Regulations are made is to transpose the State’s obligations under the Recast Drinking Water Directive 2020 (Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020). These Regulations concern the quality of water intended for human consumption. The objectives of these Regulations are 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, and to improve access to water intended for human consumption.
Footnotes
OJ No. L 327, 22.12.2000, p. 1.
OJ No. L 435, 23.12.2020, p. 1.
OJ No. 31, 012.02.2002, p. 1.
OJ No L 311, 28.11.2001, p. 67.
OJ No. L 108, 25.04.2007, p. 1.
OJ No. L 169, 25.06.2019, p. 1.
OJ No L 167, 27.06.2012, p. 1.
OJ No L 309, 24.11.2009, p. 1.
OJ No. L 330, 05.12.1998, p. 32
OJ No. L 201, 01.08.2009, p. 36.
OJ No L 12, 15.01.2011, p.1.
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