The New Drinking Water Ordinance: Provisions safeguard level of drinking water quality

The revised Drinking Water Ordinance entered into force on 24 June 2023. It transposes relevant requirements of the 2020 EU Drinking Water Directive into German law. The Drinking Water Ordinance continues to guarantee the accustomed high level of drinking water quality while focusing especially on new challenges in the form of environmental factors affecting drinking water resources.

Risk-based approach

To ensure drinking water hygiene, the Ordinance introduces a mandatory "risk-based approach" that takes a process-oriented look at drinking water and not only monitors the "end product". The risk-based approach involves assessing what risks that might adversely affect the nature of the drinking water are present in light of the specific circumstances of the water supply installation (risk assessment). This provides the basis for targeted prevention through measures spanning all of the process steps from the well to the tap. WHO also recommends this modern monitoring concept.

Information duties of water suppliers

The Ordinance introduces, in line with the EU Drinking Water Directive, requirements for drinking water monitoring to identify chemical pollutants and microbial contaminants or adjusts them to national law. It also introduces information duties for water suppliers that have to inform the consumers about the quality, pricing policies and individual consumption of the local drinking water. Moreover, information is to be provided on how to conserve water and avoid ingesting water that has been standing in the pipes (stagnant water).

Lower limits for pollutants

As before, water suppliers are required to test the untreated water (raw water) inter alia for pesticide residues and heavy metals such as arsenic or chromium. After a transition period, the latter will be subject to even more stringent standards. Going forward, certain endocrine disruptors such as bisphenol-A and substances that belong to a group of industrial chemicals known as perfluoroalkyl substances (PFAS) will also be monitored. All the data collected must be documented and shared with the consumers in summarised form with the water bill, where appropriate via the landlord or landlady, with more detailed consumer information additionally posted online. In addition, the EU Drinking Water Directive requires that water leakages in the distribution network be identified and reduced where appropriate. Unlike in other countries, this is not a major problem in Germany.

Removal of lead pipes

Additionally, to protect vulnerable population groups, especially pregnant persons, babies and young children, the last remnants of lead pipes that were installed more than 50 years ago are to be removed from house connection pipes or domestic distribution systems by 2026 unless already done. Provisions are included for exclusively owner-used domestic distribution systems that allow further use provided that no risk groups will be affected. From 2026, moreover, data on Legionella levels in domestic distribution systems will be centrally collected and evaluated by the Federal Environmental Office (Umweltbundesamt). This further broadens the data base for future measures to prevent diseases caused by Legionella.

High level of consumer protection across Europe

By including stringent hygiene requirements for all materials and products in contact with drinking water in the EU Drinking Water Directive for the first time, a high level of consumer protection across Europe will ensure going forward that safe materials have to be used for pipes and fittings. In Germany, comprehensive provisions to that effect have long been in place. During the negotiations in Brussels, Germany successfully lobbied for the extension of these stringent requirements to the EU so that products made in other EU countries to be sold in Germany must in future meet the same level of protection.

Other new requirements within the EU Drinking Water Directive have been implemented in Germany for years to protect the country’s citizens. This goes inter alia for limit values of Legionella, uranium and disinfectant residues such as chlorite and chlorate. In addition, the EU Drinking Water Directive stipulates extensive and binding new requirements for the protection of drinking water resources and the access to clean drinking water within the EU that are not transposed in the Drinking Water Ordinance but in environmental law. This includes an amendment of the Federal Water Act (Wasserhaushaltsgesetz) that already became effective in early 2023 and requires municipalities to set up drinking fountains in public spaces as services of general interest.

The text and structure of the Drinking Water Ordinance were rewritten from the ground up, making the provisions easier to understand and markedly improving user-friendliness.