Key Benefits:
Law of 18 July 2009, laying down new provisions relating to the production and distribution of drinking water and the organization of the public drinking water supply (Drinking Water Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that the provisions of the Water Management Act concerning the production and distribution of water should be considered in the interests of a lasting security of the public drinking water supply and in the interests of public health. to supplement, improve and modernise drinking water and the organisation of the public drinking water supply, and to introduce them into a new law, taking into account Directive No 98 /83/EC from the Council of the European Union of 3 November 1998 concerning the quality of water intended for human consumption (PbEG L 330), and any other laws relating thereto;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
Preparation: any treatment of groundwater, surface water, seawater or any other raw material for the purpose of producing drinking water, up to the point where drinking water becomes available for consumption;
Collective pipe net: Assembly of pipes, fittings and equipment which is temporarily, but not for the purpose of supply, or permanent, connected to the distribution network of a drinking water undertaking or to collective water supply, and by means of which drinking water whether hot tap water is made available to consumers or other customers;
a. Landbound provision, other than a drinking water company, for the production or distribution of water made available to consumers or other customers as drinking water or hot tap water by means of a direct management or distribution system;
b. Supply for the production or distribution of water on a mining plant within the Netherlands territory as intended Article 1, part o, of the Mining Act , which water is made available to consumers within that mining plant, such as drinking water or hot tap water;
Distribution: transport and delivery;
Distribution area: territory within which the owner of a drinking water company is competent and obliged to supply drinking water to consumers or other customers;
Distribution network: assembly of pipes and related couplings, valves and other technical provisions for the transport and supply of drinking water, other than a collective pipe network;
drinking water: Water intended for or partly intended for drinking, cooking or food preparation or for other household purposes other than hot tap water made available to consumers or other customers by means of pipes;
a. Company exclusively or also intended for the supply of public drinking water by the supply of drinking water to consumers or other customers; or
b. ' holding only or co-intended for the supply of drinking water to a holding or holdings as referred to in point a;
owner: legal owner;
weighted average power cost: weighted average of the cost base of foreign assets and own funds, the proportion of these assets being used as a weighting factor in the total assets,
a. governed by public law legal persons, being the State, a province, community, water or common rules within the meaning of the Act.
b. Limited or private limited company which fulfils the following conditions:
1 °, the statutes provide that the shares in its capital are held exclusively or immediately by legal entities governed by public law; and
2. the company has not committed to exercise, in whole or in part, the control of the drinking water undertaking belonging to or belonging to it, together with others other than a legal person governed by public law or a public body. company as referred to in this part;
c. cooperative of which the members meet the conditions specified in subparagraph (b);
Foundation in respect of which, by the decision of Our Minister, it is established in its Statute and in the agreements in force between the Foundation and the legal person or legal persons established by it which take account of the fact that full control of the relevant drinking water business is exercised by one or more legal persons governed by public law;
Inspector: Inspector referred to in Article 48, first paragraph ;
installation: assembly of pipes, fittings and appliances which are directly or immediately connected to the distribution system of a drinking water supply system;
Small-consumer: Consumer or other customer with a connection where the volume flow from the supply of water does not exceed five cubic metres per hour;
emergency drinking water: Water intended for, or co-use for drinking, cooking or food, or for other household purposes, supplied to consumers or to other customers in the case of a disturbance other than a distribution network;
Emergency water: water intended solely for the purpose of sanitary purposes, which is supplied to consumers or to other customers in the event of a disturbance by means of a distribution network;
Our Minister: Our Minister of Infrastructure and the Environment;
public drinking water supply: the production and distribution of drinking water by drinking water companies;
storage: storage of water in reservoirs or basins related to the production or distribution of drinking water;
performance equation: periodic, systematic comparison of the performance of drinking water companies;
production: the production, preparation and related storage of drinking water;
disturbance: a failure or degradation of water supply works, which will break or threaten the continuity of the supply of adequate drinking water;
hot tap water: Water intended for or co-intended for drinking, cooking or food preparation or for other household purposes, which is heated before being made available for such applications;
Water supply works: works for the production and distribution of drinking water, and directly related works and protection facilities serving drinking water establishments;
winning: Groundwater, surface water or sea water abstraction for the preparation of drinking water;
housing installation: parts of a dwelling forming part of pipes, fittings and appliances, connected to the mains network of a drinking water company or a collective water supply, or to a collective pipe network.
2 In the case of a general measure of management, provision may be made for one or more of the articles of this law to be specified in such a measure to be not applicable to water intended solely for the purposes indicated by that measure, and the quality of the measure, water does not affect the health of the consumers concerned. In the case of, or pursuant to that measure, further requirements may be imposed on the production, distribution and use of this water.
3 For the purposes of carrying out and complying with this Act and the provisions based thereon, the owner of a drinking water holding, water supply or management system shall, if it is not itself that undertaking, supply or supply network; operates, as the operator thereof, in so far as it concerns the execution of measures or the fulfilment of obligations which are, to be normal, the competence of an operator.
4 Our Minister may designate one or more companies for the application of Chapter II , except the Article 5, second paragraph , and 8 , shall be treated in the same way as a drinking water company.
5 The articles of this law and the provisions based thereon, insofar as it relates to collective water facilities, shall also apply to provisions for the extraction, treatment or distribution of water at an within the Netherlands part of the continental shelf mining plant as intended Article 1, part o, of the Mining Act , which water is provided as drinking water to consumers within that mining plant.
6 In the case of supply of hot tap water to consumers or other customers, the articles of the Chapter III , VI , VII and VIII and the provisions based thereon mutatis mutandis.
7 The nomination for a general measure of directors to be adopted under this Act shall not be made more than four weeks after the draft has been submitted to both Chambers of the States General.
1 Governing bodies shall ensure the sustainable security of the public drinking water supply.
2 In the exercise of powers and application of statutory regulations by governing bodies, the sustainable security of the public drinking water supply is considered to be a compelling reason of overriding public interest.
The care, in accordance with this Act and the provisions based thereon, for a sufficient and sustained performance of the public drinking water supply within a distribution area rests with the owner of the drinking water company competent and, in accordance with Article 8 , is compulsory for the supply of drinking water in that area.
1 Persons other than the owner of a drinking water holding company shall be prohibited from:
(a) to produce drinking water for consumers or other customers;
b. Distributing drinking water to consumers or other customers.
2 The prohibitions referred to in paragraph 1 shall not apply to the person who has an establishment within the meaning of the Environmental Environment Act drive, to the extent that drinking water is produced for, or supplied to:
a. Consumers or other customers within that establishment; or
b. Consumers or other customers within another establishment, in so far as that other establishment:
1 °. was formerly part of the establishment referred to in the introductory sentence, or
2 °. before 25 February 2005, it was connected to the collective water supply of the establishment referred to in the chapeau.
3 The prohibitions referred to in paragraph 1 shall not apply to the owner of a facility for the production or distribution of water on an inside of the Dutch territory or the Dutch part of the continental shelf. mining installation as intended Article 1, part o, of the Mining Act , which water is provided as drinking water to consumers within that mining plant.
4 The prohibition referred to in the first paragraph, introductory wording and subparagraph (b) does not apply to the owner of a collective pipe network,
a. To the extent that the pipe is part of:
1 °. a building as intended Article 1, first paragraph, of the Housing Act ;
2 °. a site or place, wholly or partly furnished, and shown in that establishment, for the purpose of providing for a recreational night stay for the purpose of holding or placing tents, tent-cars, motor caravans or other vehicles vehicles or former vehicles or parts thereof, in so far as they are not construction workers, for which they are Article 40 of the Housing Act a building permit is required, to the extent that such accommodation or vehicles are wholly or partly permanently intended or established or are or may be used for recreational night stay;
3 °. a bungalow park;
4 °. a whole-stud-grass complex;
5 °. an area of business;
b. To the extent that the mains, temporary or non-temporary, one or more points of view are connected to areas or premises accessible to the public or to the public or to other persons.
5 On an application for that purpose, our Minister may waive a prohibition as referred to in paragraph 1 to the owner of a collective water supply or collective pipeline network, in so far as it concerns the production of, or the distribute to, consumers or other customers within one or more establishments within the meaning of the Environmental Environment Act , if:
a. the connection of that establishment or establishment to the management network of a drinking water company to the judgment of our Minister is, or would come to, with the importance of an efficient public drinking water supply; and
b. the importance of public health does not preclude such action.
6 Our Minister may attach to a waiver, referred to in the Fifth paragraph, rules and restrictions and amend or repeal them.
7 Our Minister may withdraw a waiver if:
a. The application has supplied incorrect or incomplete data and the provision of correct and complete information would have resulted in a different decision on the application;
b. the rules or restrictions associated with the waiver are not complied with;
c. no longer exists ground for granting the derogation.
8 Section 3.4 of the General Administrative Law Act shall apply to the establishment of the decision on application, referred to in paragraph 5, and to the decision on the revocation of the derogation provided for in the seventh paragraph.
1 Our Minister fixes a distribution area for each drinking water company, within which the owner of the drinking water company concerned has exclusive competence and duty, according to Article 8 , to the supply of drinking water.
2 The owner of a drinking water company is prohibited from supplying water, other drinking water, by means of a water supply outside the distribution area established for that drinking water service.
3 The prohibition referred to in paragraph 2 shall not apply to the supply of water to another drinking water company and to the supply of emergency drinking water to consumers or other customers.
4 In the decision referred to in paragraph 1, our Minister may amend distribution areas to increase the efficiency of the public drinking water supply.
5 Before entering into a change as referred to in the fourth paragraph, the Minister shall submit his intention to the owners concerned, giving the reasons for this. Within six weeks, interested parties may make their views known in writing or orally to our Minister.
6 The owners of drinking water companies that are responsible for it can, without prejudice to the Articles 14 to 16 Our Minister called for a change in the area of distribution established for their business.
7 Our Minister may decide not to comply with a request as referred to in paragraph 6, if the requested amendment to his judgment is contrary to the interests of the public drinking water supply. Within six weeks, interested parties may make their views known in writing or orally to our Minister.
8 In the case of a change in the distribution area referred to in paragraph 4 for the supply of drinking water, the owner of the drinking water holding concerned shall be obliged to cooperate within a period specified in that amendment. to the implementation of that amendment, including any transfer of ownership or the management of the relevant water supply works, to the extent that these are due to the change in one for another drinking water undertaking fixed distribution area.
1 Our Minister, at least once every six years, establishes a policy paper on public drinking water supply.
2 The policy paper shall contain in any case:
a. the main principles and principles of the policy, in order to implement this law, with regard to the production and distribution of sound drinking water and the sustainable security of the public drinking water supply;
b. the main features of the policy implementing for the Netherlands binding decisions of the institutions of the European Union with regard to the production and making available of drinking water; and
c. the basic principles of the policy relating to the protection of raw materials to be used in the preparation of drinking water.
3 Our Minister is involved in drawing up the policy paper the views of interested parties.
4 As soon as the policy paper is adopted, our Minister shall send them to both Chambers of the States-General and shall inform it of the finding in the Official Journal, indicating the place or places where the policy note for each person is available for inspection. is located. It shall also send the policy note to the governing bodies, institutions and other organisations involved in preparing them.
5 The policy note may be altered in the intervening period. The third and fourth paragraphs shall apply mutatis mutandis.
1 The owner of a drinking water company shall have the task of:
(a) establishing and maintaining a sustainable and efficient public drinking water supply in the distribution area established for his holding;
(b) establishing and maintaining the infrastructure necessary for the production and distribution of drinking water in that distribution area;
(c) the supply of drinking water in accordance with Article 8 within the distribution area established for his holding; and
d. to ensure the quality and durability of the production and distribution process and the drinking water supplied.
2 The owner of a drinking water company shall also have the task of:
a. Contributing to the protection of the sources of the supply of drinking water in its pollution distribution area, including in any case:
1 °. the conduct of research on the quality of these sources;
2. the management or co-management of land surrounding these sources with a view to preventing or reducing pollution of these sources;
b. contributing to the use of drinking water from a point of view of public health by owners, consumers and other customers between the point of supply and the point where the drinking water is available for consumption, including in the case of a Each case shall be understood:
1 °. to provide information to consumers;
2. to draw up technical requirements for the installation and ancillary systems of its distribution network;
3 °. Article 24 carrying out checks in respect of such installations.
3 The infrastructure which is or is being constructed, repaired, renewed or extended for the application of the provisions of the first paragraph, part b, by the owner of a drinking water holding company Obstructionlaw Regulations and the Private Law impedimenting law qualified as public works or public works of general utility.
4 If the owner of a drinking water undertaking accruing to carry out a task or duties referred to in the first or second member for the purpose of carrying out economic activities, benefits from that income, the use of that income shall be conditions normally used for the financing of the economic activities in question in the normal pattern of trade. The Articles 25a, introductory wording and part d , and 25b of the Competition Act shall apply mutatis mutandis to the owners of drinking water companies.
1 The owner of a drinking water holding company is obliged, within the distribution area established for his holding, to the person, who so requests, to make an offer to provide that person with a connection to the mains managed by him.
2 The owner of a drinking water company is also obliged, within the distribution area established for his holding, to make an offer to the person, who so requests, to use the line he manages to supply it to that person. supply of drinking water.
3 The owner of a drinking water company shall apply conditions which are reasonable, transparent and non-discriminatory.
4 In the interest of the public drinking water supply, rules governing the application of the first to third members may be laid down by or pursuant to general rules of administration.
1 The owner of a drinking water company is pursuing a policy, aimed at preventing the shutting down of a retail consumer.
2 By ministerial rules, rules are laid down on ending the supply of drinking water to a retailer, as well as on preventive measures to prevent the closure of small consumers as much as possible.
3 The preventive measures referred to in paragraph 2 may also include consultation of cases referred to in that paragraph, referred to in that paragraph, together with the bodies designated in that paragraph, and in cases where the latter are the details of a retail consumer are to be provided in that scheme.
4 The ministerial arrangement, referred to in paragraph 2, shall be established no sooner than after the joint drinking water companies, the consumer organisations and the Dutch People's Credit Association have been given the opportunity to view their views. indicate the content of the scheme.
1 In the case of, or under general management, a generally accepted accounting method is determined according to which the weighted average power cost rate and equity share are determined in the total capital.
2 Our Minister proposes that the maximum authorised share of own funds for the following two calendar years, for the purpose of determining the rates for the subsequent two calendar years, shall be fixed in total capital. In the case of, or under general management, the criteria according to which and to what level our Minister may, at any request made by the owner of a drinking water company, be able to carry out the maximum share referred to in the preceding sentence. deviate.
3 Our Minister shall fix the weighted average rate of capital by 1 November, for the purpose of determining the rates for the following two calendar years, according to the method referred to in paragraph 1. No objection or appeal is possible against the finding.
1 The owner of a drinking water company applies charges that are cost-covering, transparent and non-discriminatory.
2 The owner of a drinking water company applies to the determination of the capital costs that may be passed at the rate at the highest the applicable weighted average capital cost set, established under the terms of Article 10, third paragraph .
3 The allocation of cost of tangible fixed assets takes place on the basis of depreciation methods and amortisation periods determined according to generally accepted accounting principles.
4 As the basis for determining the capital costs, which may be passed on in the tariff, the asset value applies, with the tangible fixed assets being valued at historical cost.
1 The budget of the drinking water company indicates the way in which the costs, including the capital costs that may be used up, have been incorporated in the tariff.
2 The owner of a drinking water company shall report to our Minister on an annual basis before 1 October to provide an insight into the costs, including the capital costs, which were used during the previous calendar year to determine the cost of the water supply. rates for the supply of drinking water and the realised business result for that year. The report shall be provided with an unqualified audit of the auditor. Before the end of the calendar year, our Minister shall forward this report to the two Chambers of the States-General.
3 If the report, referred to in the second paragraph, indicates that the realised business result shall be the one for that year on the basis of Article 11, second paragraph , in excess of the capital costs, the owner of a drinking water company shall ensure that this overrun is compensated for in the tariff setting for the following calendar year.
1 In the interest of the public drinking water supply, detailed rules shall be laid down in or pursuant to general rules of administration in relation to:
a. the costs underlying the tariff referred to in the Article 11 ;
b. the elements and method of calculation of the tariffs referred to in Article 12 .
2 If not complied with Article 11 or 12 or detailed rules referred to in the first paragraph, our Minister may give an indication to the owner of a drinking water company. The designation shall indicate the grounds on which it is not fulfilled. Article 11 or 12 whether the rules and any changes to that effect are required by the tariff. The designation shall set a time limit within which the designation must be fulfilled.
1 The owner of a drinking water company reports the following legal acts, before the result of the legal action, to our Minister:
(a) the amendment of the Statute;
b. the issuing of shares in the capital of the drinking water company;
(c) the transfer of ownership of one or more water supply works or works for the production of drinking water;
(d) taxing one or more water supply works or works for the production of drinking water with any commercial or personal right;
e. taxing the profit with any business or personal right;
f. the conclusion of an agreement whereby the control of the drinking water undertaking is wholly or partly exercised by or jointly with third parties, or in fact enables them to take the opportunity to do so.
2 At the time of the notification, the owner of the relevant drinking water company shall indicate whether a transfer is referred to in the Article 5, eighth paragraph .
It shall be prohibited to carry out a legal act which shall result in, or directly or in association with third parties being wholly or wholly controlled by others, solely or in association with third parties over a legal instrument which is not a drinking water company or a part thereof, or about the business of a drinking water company or part of that business.
Legal acts referred to in Article 15 , in any event, include:
(a) amend the provisions of the articles of association of a drinking water company so as to allow a third party, other than a qualified legal person, to become the holder of shares in the capital of that plant; drinking water company;
b. The transfer of shares in the capital of a drinking water company to a third party as referred to in subparagraph (a);
(c) transfer to a third party as referred to in subparagraph (a) of the ownership of one or more water supply works;
(d) the tax or reservations of one or more water supply works for the benefit of a third party referred to in subparagraph (a) of any commercial or commercial law, where, as a result, all or part of the control of the drinking water undertaking is effectively no longer self-employed by a qualified legal person;
(e) the taxation or reservations of the profits of a drinking water company for the benefit of a third party referred to in subparagraph (a) of any commercial or personal right;
f. the conclusion of an agreement whereby the control of a drinking water undertaking is wholly or partly exercised by, or in combination with, a third party as referred to in subparagraph (a), or through which it is actually the opportunity to do so. ed.
1 If, in the opinion of Our Minister, there is a legal act as referred to in Article 15 , shall give a designation to the persons concerned to terminate that act within a time limit set by that decision or, in so far as that act has already been completed, to the effect of the effects of that act within that period. act.
2 The person to whom an appointment as referred to in paragraph 1 is addressed shall be obliged to comply with that designation.
3 Of a designation, our Minister makes a statement in the Official Gazette.
1 A drinking water company does not merge with another drinking water company without the prior permission of Our Minister.
2 In the case of, or under general management, criteria for which a request for merger shall be reviewed by Our Minister shall be laid down.
1 If a drinking water company has the legal form of a public limited company, the Articles 158 to 164 , with the exception of Article 162, from Book 2 of the Civil Code applicable.
2 At the latest 12 months after the entry into force of this Act, the Steering Board shall submit to the General Assembly a proposal for the amendment of the Statutes. Article 154, fifth paragraph, second and third sentence, and sixth and seventh member, of book 2 of the Civil Code shall be applicable mutatis mutandis.
The power to approve the tariffs and conditions referred to in Article 8 and 11 , is based solely on the general meeting of a drinking water company.
1 The owner of a drinking water company shall ensure that the drinking water it makes available to consumers or other customers does not contain any organisms, parasites or substances, in quantities per volume unit or concentrations, which are harmful to the drinking water. effects on public health.
2 The owner of a drinking water company shall also ensure that the design and state of the water supply, appliances and pipe systems of that drinking water undertaking cannot constitute a hazard to pollution of the water supply. to this end, collective water facilities, collective management networks, housing facilities and other installations and drinking water made available to the owners or consumers concerned.
3 In the interests of public health, in the interests of public health, and without prejudice to paragraph 1, the following shall be imposed on or under a general measure of management, in relation to:
a. The quality of the drinking water after its preparation, and at the point at which it is made available for use, and the taking and analysis of samples in order to establish that capacity;
b. Monitoring, by or because of the owner of a drinking water holding company, on the condition and operation of the holding, as well as on the quality of drinking water prepared in that holding;
c. the materials and chemicals used by the owner of a drinking water company for the extraction, preparation, storage and distribution of drinking water, and the manner in which they are applied, provided that the requirements of the product are used; The materials used in the distribution refer only to materials which do not form part of a building as intended for the purpose of distribution Article 1, first paragraph, of the Housing Act ;
(d) the examination carried out by the owner of a drinking water company in case of failure to meet the requirements referred to in the introductory words and in the case of point (a);
e. the information supplied by the owner of a drinking water company:
1 °. to consumers and other customers: about the quality of the drinking water supplied;
2. to consumers and other customers: if the supply of drinking water is likely to endanger public health;
3 °. to the owners of parcels to which the owner supplies drinking water, and to consumers and other customers: the precautionary or recovery measures to be taken by them, if due to a circumstance, due to a collective pipeline network whether a housing facility, the drinking water does not meet the requirements, referred to in the preamble and point (a), or where the soundness of the drinking water is otherwise affected;
4 °. to the supervisor: about the quality of the drinking water supplied and the measures taken or taken to ensure this quality;
f. The quality of the water from which hot tap water is prepared.
4 In the case of, or under general management, requirements may also be made in the interest of public health with regard to:
a. the establishment of the business components of drinking water companies;
b. The conduct of work in drinking water establishments;
c. the professional competence of the personnel of drinking water companies;
d. the hygienic information of the staff of drinking water companies.
5 Our Minister may, if the importance of public health does not oppose such a period during that period, waive the requirements referred to in paragraph 3, introductory sentence and subparagraph a, to the extent that these requirements have a maximum limit of means for substances present in the water, other than micro-organisms. He may impose regulations and restrictions, amend or revoke them and withdraw a waiver. Detailed rules shall be laid down by or pursuant to the general measure of management referred to in the third paragraph. Our Minister makes a decision on a waiver in the Official Gazette, as well as in a day, news or house-to-house paper.
1 The owner of a drinking water company shall carry out research into the quality of the water used by him for the preparation of drinking water, in accordance with or pursuant to general rules of management.
2 It is prohibited to prepare drinking water from surface water, which does not comply with requirements imposed by or under the general measure of management. In the case of or under that measure it may be determined that the prohibition shall not apply if the water has been previously treated in a manner laid down in such a way, where, for water from a variety of different capacities, different methods of treatment may be used 3.
In the case of or under the general measure of management referred to in paragraph 2, categories of cases to be indicated in the second paragraph, our Minister may, if the importance of the protection of public health do not oppose this, for a period in which it may be grant a derogation from the prohibition provided for in that paragraph or from the conditions laid down in that paragraph or from the procedure or methods of treatment laid down in that paragraph.
4 Our Minister may attach regulations and restrictions to a waiver, amend or revoke them and withdraw a waiver. Detailed rules shall be laid down in the context of or under the general measure of management referred to in paragraph 2. Notice of a decision on a waiver shall be made in the Official Gazette.
5 For the purposes of application of the first to fourth paragraphs, the following shall be:
a. 'A drinking water company' means a holding that takes water from surface water in order to supply it to a drinking water company; and
b. In the preparation of drinking water, the supply of water to a drinking water company for the preparation of drinking water by that holding.
6 For the purposes of applying the second to fifth members, surface water does not mean salt and bracketed water and water which, before being used for the preparation of drinking water, is infiltrated into the soil.
7 In the case of, or under general management, provision may be made to prohibit the preparation of water for drinking water from water, other surface water, which does not satisfy the requirements of the measure imposed by the measure or by that measure. It may be laid down that the prohibition shall not apply where the water has previously been treated in a manner laid down in or pursuant to the measure, where water of a variety of different capacities may be treated as different methods of treatment 3. The third subparagraph, paragraph 5 (b), shall apply mutatis mutandis.
Our Minister may, if in his opinion on the prevention or limitation of serious danger to public health an immediate provision is necessary, after consultation with our Minister for Health, Welfare and Sport, adopt a settlement from the Article 21, third or fourth member , 27 , 28 or 29 Intended. Such an arrangement shall expire one year after its entry into force, or, if a general measure of management has been put into effect for that period within that period, at the time that measure enters into force. In the case of a ministerial arrangement, the period of validity of the arrangements may be extended once for a maximum period of one year.
1 The owner of a drinking water holding company shall check the premises, collective water facilities, management networks and other installations at risk to the management of his or her home-management system. contamination of the service network of his holding.
2 The owner of a drinking water company shall also check the collective water facilities and the collective management networks which are ancillary to the management network of his holding and at risk of contamination of the water supply system. supplies and management nets to consumers or other customers made available for drinking water.
3 If in the case of a check referred to in paragraph 2, it appears that it is not met Article 21, first or third member , the provisions based thereon or a ministerial arrangement to that effect as referred to in Article 4 (2) of the Treaty. Article 23 , if there is a risk of failure to comply there, the owner of the drinking water company immediately informs the supervisor and the relevant owner of a collective water supply or collective of a cable network. Pipeline network.
4 The owner of a collective water supply, collective management network, housing installation or other installation, or the tenant of the building or the building, of a secondary or immediate management network of a drinking water company on residence, it shall be obliged to cooperate with the checks provided for in paragraphs 1 and 2.
1 In case of delivery by a collective water supply of drinking water to consumers or other customers, the Articles 21 (1), (1) and (3) to (5) , 22 and 23 and the provisions based thereon mutatis mutandis.
2 In the case of, or under general management, provision may be made to ensure that this Chapter or one or more of its articles do not apply to drinking water derived from a collective water supply:
1 °. which, measured over a period of one year, on average less than 10 m 3 supplies of drinking water per day; or
2 °. which, measured over a period of one year, makes an average of less than 50 people per day of use.
3 A general measure of management as referred to in the second paragraph or a ministerial arrangement based thereon shall not cover drinking water delivered in the context of a commercial or public activity.
The owner of a collective water supply ensures that the design and state of that collective water supply as well as the equipment and pipes which are part of it and which are mediated or immediately connected to the Pipeline network of a drinking water company or any other collective water supply, or collective pipe network, there is no risk of contamination of that pipe network and of the mains and appliances of consumers or other they may provide for drinking water made available to customers.
The owner of a collective pipeline network shall communicate to consumers and other customers, in accordance with or pursuant to general rules of administration, information on measures to be taken in the event of the application of the rules of the management of the management of the management system. Use of the water supplied by him may constitute a hazard to public health.
1 In the case of, or under general management, rules are laid down in respect of the categories of collective management networks designated by the owners of such systems as to the quality of the equipment they designate as such drinking water made available to consumers or to other customers. These rules shall in any case cover the frequency of measurements, the parameters to be used, the sampling and the analyses to be carried out.
2 The owners, referred to in paragraph 1, shall keep the results of the measurements at the disposal of the supervisor for five years.
3 If the measurements show that the compliance is not fulfilled Article 21, third paragraph, introductory wording and point (a) , or Article 23 in conjunction with the aforementioned provision, or otherwise adversely affect the soundness of the drinking water, the owners, referred to in paragraph 1, shall immediately, in accordance with the conditions laid down in paragraph 1 of this Article, Article 27 , knowledge to the relevant consumers and act immediately in consultation with the supervisor.
1 The owner of a collective pipeline shall ensure that the design and state of that collective pipe, and the materials to be applied therein, are such that they do not constitute a condition which does not satisfy the requirements of the collective management system. Article 21, third paragraph, introductory wording and point (a) , or Article 23 in conjunction with that provision, and that that draft, which stands or that materials do not affect the soundness of the drinking water.
2 In the case of, or under general management, rules shall be laid down for the construction, extension or amendment of, or repair to, a collective line network, provided that such management is not part of a building as defined in Article 1, first paragraph, of the Housing Act , as well as materials to be used in that line.
3 In the case of, or under general management, categories of management networks may be designated, to which the first paragraph or the rules laid down pursuant to paragraph 2 do not apply. Such designation shall be limited to management networks using the use of which the drinking water is not made available to consumers or to other customers in the context of a commercial or public activity.
The owner of a collective pipe will ensure that the design and state of that collective pipe, as well as the equipment and pipes which are part of it and which are intermediate or immediate, are connected to the pipe network. a drinking water undertaking or a collective water supply, or on another collective pipe network, could not pose a threat to pollution of that other line and to consumers by means of such pipes and pipes whether other customers are available for drinking water.
The owner of a home installation or other installation, other than a collective water supply or management system, shall ensure that the State of that installation and of the equipment and pipes which are part of it and which are (i) whether a drinking water service or a collective water supply, or a collective supply network, are directly connected to the management network of a drinking water service, or where there is no risk of contamination of that management network or collective management. piping net, and from the mains and appliances to consumers and other customers available for drinking water.
1 The owner of a drinking water company shall ensure that the supply of adequate drinking water to consumers and other customers in the distribution area established for the supply of his drinking water supply is guaranteed in such a quantity and a pressure that is required in the interests of public health.
2 The owner of a drinking water holding company shall take all appropriate measures to meet the future needs of drinking water in the distribution area established for his drinking water holding.
The owner of a drinking water company shall carry out an analysis with regard to the risk of disturbances as well as to the actual keeping of that analysis.
1 The owner of a drinking water company takes on the basis of the results of the Article 33 the analysis referred to appropriate to avoid disturbances as far as possible.
2 The owner of a drinking water company shall lay down the results of the analysis as well as the measures referred to in the first paragraph in the delivery plan, as referred to in Article 2 (2). Article 37 .
1 If a disturbance occurs, the owner of the drinking water holding company shall immediately take all measures necessary to remedy the disturbance as soon as possible.
2 If the disturbance may lead to reasonable expectation or has already resulted in a break in the supply of proper drinking water for a period of more than 24 hours, or if the consequence of that disturbance is a hazard for public health, the owner, referred to in the first member, shall immediately enter into consultation with the inspector.
3 The owner of the drinking water company concerned, if, as a result of the disturbance, in the opinion of the inspector, the supply of drinking water is no longer possible or unacceptable from the point of view of public health, within a the period of time to be determined by the inspector for the supply of emergency drinking water.
4 In the case referred to in paragraph 3, the owner shall, in so far as it is technically possible and, in the opinion of the inspector, ensure that no unacceptable risks to public health occur, including the supply of emergency water.
1 As soon as possible, but no later than six months after the end of the supply of the emergency drinking water or the emergency water, the owner of the drinking water holding concerned shall report in writing to the inspector on the manner in which it is to be delivery has been completed.
2 At the request of the inspector and within a period of time to be set by the inspector, the owner of the drinking water holding shall draw up an evaluation report after a disturbance and send it to the inspector.
1 The owner of a drinking water company shall draw up a plan of delivery indicating how it is to be implemented on the basis of the Articles 32 to 35 the security of supply obligations, the coverage of the future requirements for drinking water and the supply of emergency drinking water and emergency water, shall be fulfilled.
2 When preparing the delivery plan, account shall be taken of the policy paper on the public drinking water supply, intended in Article 6 .
3 The delivery plan shall be subject to the approval of the inspector and shall be submitted to it.
4 Data included in the delivery plan, which relate to the occurrence of a disturbance, the preparation for a disturbance or the occurrence in the event of a disturbance, are information as referred to in the Article 10, first paragraph, introductory wording and part b, of the Public Administration .
In the case of, or under general management, further requirements shall be laid down in respect of:
a. Supply security of drinking water;
b. the supply of emergency drinking water;
c. the supply of emergency water;
d. the manner in which the Article 33 the analysis referred to is to be carried out and kept up to date and the nature of the measures to be taken on the basis of the results of that analysis; and
e. the design, content, manner of creation, modification and revision of a delivery plan as referred to in Article 37 .
1 Our Minister designates an authority responsible for the implementation of a performance comparison covering the quality of water delivered, environmental aspects of drinking water supply, customer service, cost efficiency, etc. research and development.
2 The performance comparison shall be carried out according to frequency to be determined by or under general management measure and shall relate to the calendar year preceding the year in which the performance comparison is carried out.
1 The in Article 39, first paragraph The said authority shall, for the purpose of carrying out a performance comparison, draw up a Protocol by 1 March of the year, in which that performance comparison shall be carried out:
a. elaboration of the categories of performance referred to in that paragraph to which the comparison relates;
b. the manner in which the performance equation is carried out;
c. the designation of the drinking water companies by which the performance equation is carried out, including, where possible, a substantial number of foreign drinking water companies;
d. An indication of the information to be provided by the owners of the drinking water companies necessary for the performance of the performance comparison, the manner in which and the period within which such data is provided and the manner in which such information is provided; they are processed by the first mentioned authority.
2 In the case of, or under general management, detailed rules relating to the design and content of a Protocol as referred to in paragraph 1 shall be laid down.
3 The protocol requires the approval of our Minister.
4 The approval referred to in paragraph 3 may be withheld in whole or in part in so far as a Protocol may:
a. does not comply with the requirements of this law;
b. misses one or more elements necessary for the proper performance of the performance equation; or
c. otherwise conflicts with the importance of public health or the importance of the efficiency of the public drinking water supply.
5 Of the adoption of a protocol, our Minister shall communicate in the Official Gazette, indicating the place where the protocol is to be made available to each person.
1 The execution of a performance comparison shall be carried out in accordance with the conditions laid down and under Article 40, third paragraph , approved protocol.
If the Protocol in question is not adopted in due time or is not adopted in due time or if it is withheld in whole or in part, our Minister may, in whole or in part, replace the said Protocol, which lays down rules which, as such, His judgment is necessary for the proper performance of the performance equation.
3 The rules referred to in paragraph 2 may, in any event, relate to the Article 40, first paragraph, points (a) to (d) , mentioned subjects.
4 Rules laid down pursuant to paragraph 2 shall, for the purposes of this Chapter, replace all or part of the provisions of the Protocol.
1 The owner of a drinking water company provides the Article 40, first paragraph, part d , within the period prescribed for that purpose, to the body responsible for carrying out the performance comparison.
(2) If the obligation referred to in paragraph 1 is not fulfilled in good time, or if insufficient, incorrect or incomplete information is supplied, that authority shall inform our Minister without delay.
1 The performance comparison body shall ensure that by 31 December of the calendar year in which a performance comparison has been carried out, a report containing the results of that performance comparison shall be carried out. has been prepared for the owners of drinking water companies and is sent to them.
2 The report referred to in paragraph 1 shall be sent simultaneously to Our Minister.
3 Our Minister shall send the report to the two Chambers of the States-General and shall make such communication in the Official Gazette, indicating the place or places where the report is available to each person.
4 In the case of, or under general management, further requirements shall be laid down as to the design and content of the report referred to in paragraph 1.
1 The owner of a drinking water company shall make a report within six months of issuing a report as intended Article 43, first paragraph , the intentions to improve the performance of his drinking water company, and the period or time limits within which they will be realized, made known in writing to our Minister.
2 Our Minister informs the two Chambers of the States-General of the intentions referred to in the first paragraph.
1 Our Minister shall draw up, by 31 December of each calendar year, a report on the quality of drinking water during the calendar year preceding that year.
2 Our Minister shall send the report, referred to in paragraph 1, to both Chambers of the States-General and shall inform it in the Official Gazette, indicating the place or places where the report is available to all persons.
The report referred to in Article 45 , contains at least data on the quality of drinking water coming from the facilities averaging more than 1000 m 3 provide drinking water per day to consumers or other customers or, as measured over a period of one year, to average more than 5000 persons per day.
For the purposes of the report, Article 45 , the owners of the drinking water companies, the collective water facilities and the collective management networks, provided that drinking water is supplied to consumers or other customers, to our Minister at the request of the latter standing intelligence and data, which our Minister considers necessary for the preparation of that report.
1 The supervision of compliance with this law and the provisions based thereon shall be entrusted to the inspector designated by our Minister as such and the other officials appointed for that purpose.
2 By way of derogation from the first paragraph, the supervision of compliance with this law and the provisions based thereon shall be entrusted to the officials appointed by our Minister for Economic Affairs to that end, in so far as it relates to facilities for the extraction of goods, Treatment or distribution of water on a mining plant located within the Dutch territory of the Netherlands or in the Dutch part of the continental shelf as intended Article 1, part o, of the Mining Act , which water is provided as drinking water to consumers within that mining plant.
3 Of a decision referred to in the first or second paragraph shall be communicated by the State Official Gazette.
4 By way of derogation from the first and second paragraphs, the Consumer and Market Authority is mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market , in charge of supervision of compliance with Article 7 (4) .
The owner of a drinking water holding, or collective water supply or management system, shall immediately notify the inspector, the inspector for that water supply, or the mains network. Article 48 designated other supervisor, of circumstances related to his drinking water business, or collective water supply or management system, which, he may reasonably know or suspect, is in danger or impediment to the compliance of Article 21 , 22 or 23 , respectively 25 or 26 or 27 , 28 , 29 or 30 or of the provisions based thereon.
1 Our Minister is empowered to enforce administrative coercion in order to enforce this law and the provisions based on it.
2 By way of derogation from paragraph 1, our Minister for Economic Affairs shall have jurisdiction to enforce this law and the provisions based thereon in so far as it relates to provisions for the extraction, treatment or Distribution of water on a mining plant located within the Netherlands territory of the Netherlands or in the Netherlands territory of the continental shelf as intended Article 1, part o, of the Mining Act , which water is provided as drinking water to consumers within that mining plant.
3 By way of derogation from the first paragraph, in the case of infringement of: Article 7 (4), fourth paragraph, first or second sentence , Article 70a of the Competition Act of corresponding application and is Article 82 of that Act applicable.
In the interest of public health, or on the basis of a general measure of management, information to be provided to the inspector by the owner of a drinking water holding shall be provided by the owner of a drinking water company.
If the supply of drinking water to consumers or to other customers in the opinion of the inspector is liable to endanger public health, he or she may prohibit such supply or permit it to be used only in cases which he may use, in a case of: to indicate mode of operation.
As regards the inspector or the owner of a drinking water company, this is done in the Articles 51 and 52 and the provisions based thereon, shall apply mutatis mutandis in respect of an on-the-ground basis. Article 48 designated by other supervisory authority or the owner of a collective water supply or management network respectively, to the extent that it supplies drinking water to consumers or other customers.
Our Minister may, in exceptional circumstances, if possible after consultation with the owner of a drinking water company and as long as those circumstances require, lay down rules or take measures he reasonably considers necessary in the importance of securing the public drinking water supply.
Within five years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of Chapter V in practice.
At the Article 37, first paragraph , the obligation referred to above shall be given for the first time within a period of not more than one year after the entry into force of this Act.
At the Article 41, first paragraph , that obligation is due for the first time before a date to be determined by Our Minister.
1 The power, the city council futures due Article 149 of the Municipal Act , in respect of a subject, in which this law or the provisions based thereon provide, remains in place to the extent that the regulations to be made by him do not conflict with this law.
2 By way of derogation from the Article 119 of the ProvincieAct and 122 of the Municipal Act the entry into force of this law only in cases where conflict with this law or the provisions based thereon would arise, has the effect of making the regulations of the provincial authorities and of municipal councils concerning the the subjectmatter of subjects provided for in this Act, or the provisions based on it, to cease to apply.
1 The Water supply law shall be withdrawn at the time of entry into force of this Law, subject to the condition that: Chapter III of that Act As it is immediately preceding that time, plans for reorganisation of the public drinking water supply shall continue to be applicable after that date in cases where, at that time, the transfer of a distribution area as intended in Article 21, second paragraph, of that Act , has not yet been completed.
2 By way of derogation from the Articles 3 and 15 of this Act may, for the period during which it is necessary for the implementation of a plan to reorganise as referred to in Chapter III of the Water Management Act , a distribution area is assigned to a drinking water company which does not or does not fully meet the conditions set out in part b of the definition of a qualifying legal person, which is to be incorporated in the Article 1, first paragraph -From this law.
3 With effect from the date of entry into force of this Law, the Distribution of water supply distribution areas On Article 5, first paragraph .
4 As from the date of entry into force of this Law, it shall be Decision appointing officials VROM regulations , where immediately prior to that time rested on the Water supply law , on Article 48, first paragraph .
The Decision for the 1989 protection of water supply companies shall be withdrawn at the time of entry into force of this Act.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Drinking water law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
Tavarnelle, 18 July 2009
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
Published the third September 2009The Minister of Justice
E. M. H. Hirsch Ballin
