Annex 1 – One-pager infographic EU Drinking Water Directive - Article 11 in Practice | Key implementation challenges, consequences and required action

European Drinking Water (EDW) | Avenue de Cortenbergh 71, 1000 Brussels, Belgium | [email protected] | www.europeandrinkingwater.eu | Registered in the EU Transparency Register under registration number 3520872105990-93 September 2026

Issue Substances Materials Products Consequence Required Action & Ownership

Difficulties for on- site-applied materials

Site-applied materials and construction works are not covered by the transitional regime and therefore require immediate EU conformity assessment from 31 December 2026.

Renovation projects and emergency repairs to drinking water infrastructure cannot be carried out in accordance with EU law.

EU Commission: Amend Regulation (EU) 2024/370 and introduce suitable transitional measures for site-applied materials.

1

Fragmented transition periods (Article 11 CDR 2024/370)

Article 11 transition is applied inconsistently across Member States, while products placed on the EU market after 31 December 2026 without an existing national hygiene certificate are considered “new” and require EU certification.

Legal uncertainty and inconsistent EU- wide market access. Newly developed products may face delays or supply disruptions during the transition period.

EU Commission: Apply the Article 11 transition period by default across all Member States and extend it until 2032 for newly placed products, allowing national hygiene certificates alongside the EU certificate.

2

Operability of the European Positive Lists (EUPL)

Essential substances and compositions are missing from the EUPL (e.g. glass fibre compositions, specialised constituents).

Materials containing these substances cannot demonstrate compliance with EU requirements.

Products containing these materials cannot enter the EU conformity assessment system.

Essential drinking water products cannot be certified and may disappear from the market.

EU Commission: Extend and adapt the transition pathway for new products. Industry: Submit missing substances and compositions through the regular EUPL process.

3

Harmonisation of Testing and Evaluation

Material testing methodologies and evaluation practices remain insufficiently harmonised.

The same product may receive different conformity assessment outcomes depending on the laboratory or Member State.

No level playing field. Reduced trust, legal certainty and predictability.

Notified bodies, Laboratories and Industry: Harmonise testing methodologies, interpretation and acceptance practices.

4

Lack of mandatory cost- and data- sharing

No incentive exists to finance substance evaluations and re- evaluations for EUPL entries.

Essential substances may disappear from the EUPL after expiry dates and cannot be used for material production.

Materials and products relying on these substances may lose market access despite long-standing safe use.

Progressive loss of certified products,

reduced innovation and increasing

burden on sole applicants, including

SMEs.

European Commission and Co-Legislators: Introduce mandatory cost- and data-sharing provisions in the Drinking Water Directive.

5

Ion Exchange Resins and Filtration Membranes

Relevant substances and materials remain outside the harmonised Article 11 framework.

No harmonised hygienic assessment pathway exists at EU level.

The Commission has excluded ion- exchange resins and filtration membranes from harmonisation.

No Internal Market for key water treatment technologies. Reduced resilience of drinking water systems.

European Commission and Co-Legislators: Clarify the interaction between Articles 11 and 12 and integrate these products into the harmonised framework.

6

× ×

× × × × ✓

×

×

×

×

×

×

How to read this graphic

• The three doors represent the three regulatory gates to EU market

access: Substances, Materials and Products.

• Each gate requires a matching key.

• If one key is missing, the corresponding door remains closed and the

pathway stops.

• Only when all three gates can be passed is EU market access

possible.

×

✓

European Drinking Water (EDW) Avenue de Cortenbergh 71 1000 Brussels Belgium

www.europeandrinkingwater.eu [email protected]

Registered in the EU Transparency Register under registration number 3520872105990-93

Annex 2 - Concrete examples September 2026 Site-applied materials (cement linings, coatings, mortars, sealing systems, lining with cured-in-place-pipes, lining with adhesive -backed hoses) The final products only come into existence at the place of installation. The conformity assessment modules in Delegated Regulation (EU) 2024/370 are designed for serial factory production and are structurally incompatible with site - applied works. Without amendment, every emergency repair to a public drinking water network would legally require prior involvement of a notified body, which would place water suppliers in an irresolvable conflict between EU compliance and their duty to maintain continuity of su pply. Hafnium in enamelled water heaters and water storage tanks Hafnium is a technically unavoidable trace constituent of zirconium -based raw materials used in enamel coatings of water heaters and water storage tanks as well as in enamelled fittings and valves for drinking water. It is not on the European Positive List; not for safety reasons, but because no Member State formally notified it in due time. As a result, enamelled water heaters and water storage tanks cannot be EU-certified, despite a long history of safe use. Disruptions in availability would directly affect residential and public buildings, including the deployment of heat pumps, as water storage tanks are an essential component of heat pump systems. Glass fibre reinforced materials in water infrastructure Glass fibres have been used safely in pipes, tanks and structural components for over 50 years. The European Positive List allows glass fibres but does not list any glass composition technically suitable for producing them - a clear administrative inconsistency. As a consequence, an entire material category cannot demonstrate compliance, threatening construction, rehabilitation and maintenance of drinking water infrastructure across the EU.

Brussels, 14 September 2026

Re: Implementation challenges relating to Article 11 of the Drinking Water Directive – Request for discussion at the Environment Council Dear Minister Sutt, I am writing to you in my capacity as Chairman of European Drinking Water (EDW) to draw your attention to the significant challenges that the industry is facing in the implementation of Article 11 of the Drinking Water Directive (EU) 2020/2184 and to seek your support in addressing this issue at the next Environment Council meeting, which is scheduled on 12 October 2026. Unless urgent action is taken, there is a considerable risk that manufacturers will be temporarily unable to place certain drinking water contact products on the EU market from 2027 onwards. This could have far-reaching consequences for the resilience of drinking water supply systems and the continued delivery of safe drinking water services across the EU. EDW fully supports the objectives of Article 11 of the Drinking Water Directive, which seeks to establish harmonised, high hygiene standards for products in contact with drinking water across the EU. We firmly believe that, once effectively implemented, these standards will deliver substantial benefits for public health, strengthen consumer protection and enhance the functioning of the internal market. However, with only a few months remaining before the implementation deadline of 31 December 2026, a number of critical issues in the implementation of Article 11 and its related acts remain unresolved. Persistent regulatory uncertainties and practical bottlenecks are creating significant challenges for manufacturers and water operators alike.

By email to: Andres Sutt Minister Ministry of Climate Email: [email protected]

Volker Meyer Chairman, European Drinking

Water industry initiative c/o TEPPFA

Avenue de Cortenbergh 71 1000 Brussels, Belgium

Email: [email protected] Phone: +49 221 270799 01

European Drinking Water (EDW) Article 11 DWD – Environment Council Page 2 of 3

The key issues can be summarised as follow: 1. Structural incompatibility of the current conformity assessment framework with

products made of site-applied materials specifically used in public drinking water supply. 2. The transitional regime under Commission Delegated Regulation (EU) 2024/370, which

risks creating a regulatory deadlock at the start of the new regime’s application. 3. Limited operability of the European Positive Lists system during the initial

implementation phase, resulting in uncertainty for manufacturers and operators. 4. Insufficient harmonisation of material testing methodologies and evaluation of test

results across Member States, undermining consistency in implementation. 5. The absence of a mandatory cost- and data-sharing mechanism, which places the full

financial burden of European Positive Lists evaluations on sole applicants, opening the door to free-riding.

6. Unresolved interaction between Articles 11 and 12 of the Directive regarding ion exchange resins and filtration membranes.

The attached document provides further details on the issues described above, together with proposed solutions developed by EDW. Our secretariat would be pleased to discuss any of these points with you and provide further technical background at your convenience. These issues risk disrupting the supply of essential products for drinking water infrastructure and consequently the supply of drinking water, significantly weakening the competitiveness of the European industry concerned, and generating broader adverse impacts on economic activity, public services and society as a whole. You will find a series of concrete examples in the annex to this letter. In addition, several Member States intend to apply the new requirements from 31 December 2026 without a national transition period, although conformity assessment bodies cannot issue certificates before 1 January 2027; this will result in a situation where the same component may continue to be placed on the market in one Member State while being prohibited in another, thereby creating fragmentation within the Single Market. Over the past year, EDW has engaged in a number of constructive exchanges with the European Commission regarding these concerns. EDW presented potential solutions on the above- mentioned six issues to the European Commission in writing in February this year. The Commission has demonstrated a willingness to explore pragmatic solutions within the bounds of the existing regulatory framework and launched a survey to help carry out a prioritisation exercise on substances envisaged to be included in the first update of the European Positive Lists. As of today, however, it has made clear that reopening the relevant secondary legislation is not currently under consideration. This is concerning as interpretative solutions alone cannot provide the legal certainty required. Such certainty can ultimately only be achieved through targeted amendments to the regulatory framework. Considering the urgency of the situation, we invite you to call on the European Commission to adopt the necessary measures and would be grateful for your support in ensuring that this issue is discussed at the next Environment Council meeting. As this Council configuration played a key role in shaping the recast Drinking Water Directive, we believe it should now take stock of the implementation challenges that risk undermining its intended objectives.

European Drinking Water (EDW) Article 11 DWD – Environment Council Page 3 of 3

I remain at your disposal should you have any questions. Yours sincerely, Volker Meyer Chairman, European Drinking Water Annex 1 – One-pager infographic Annex 2 – Concrete examples About us European Drinking Water (EDW) is an alliance of trade associations representing industries supplying products or materials used in drinking water applications and municipal drinking water supply in Europe. EDW works to promote the harmonisation of EU regulatory requirements of substances, materials and products used in drinking water applications and to ensure the harmonised implementation of the provisions of Article 11 of the EU Drinking Water Directive. European Drinking Water is registered in the EU Transparency Register under registration number 3520872105990-93.

Annex 1 – One-pager infographic EU Drinking Water Directive - Article 11 in Practice | Key implementation challenges, consequences and required action

European Drinking Water (EDW) | Avenue de Cortenbergh 71, 1000 Brussels, Belgium | [email protected] | www.europeandrinkingwater.eu | Registered in the EU Transparency Register under registration number 3520872105990-93 September 2026

Issue Substances Materials Products Consequence Required Action & Ownership

Difficulties for on- site-applied materials

Site-applied materials and construction works are not covered by the transitional regime and therefore require immediate EU conformity assessment from 31 December 2026.

Renovation projects and emergency repairs to drinking water infrastructure cannot be carried out in accordance with EU law.

EU Commission: Amend Regulation (EU) 2024/370 and introduce suitable transitional measures for site-applied materials.

1

Fragmented transition periods (Article 11 CDR 2024/370)

Article 11 transition is applied inconsistently across Member States, while products placed on the EU market after 31 December 2026 without an existing national hygiene certificate are considered “new” and require EU certification.

Legal uncertainty and inconsistent EU- wide market access. Newly developed products may face delays or supply disruptions during the transition period.

EU Commission: Apply the Article 11 transition period by default across all Member States and extend it until 2032 for newly placed products, allowing national hygiene certificates alongside the EU certificate.

2

Operability of the European Positive Lists (EUPL)

Essential substances and compositions are missing from the EUPL (e.g. glass fibre compositions, specialised constituents).

Materials containing these substances cannot demonstrate compliance with EU requirements.

Products containing these materials cannot enter the EU conformity assessment system.

Essential drinking water products cannot be certified and may disappear from the market.

EU Commission: Extend and adapt the transition pathway for new products. Industry: Submit missing substances and compositions through the regular EUPL process.

3

Harmonisation of Testing and Evaluation

Material testing methodologies and evaluation practices remain insufficiently harmonised.

The same product may receive different conformity assessment outcomes depending on the laboratory or Member State.

No level playing field. Reduced trust, legal certainty and predictability.

Notified bodies, Laboratories and Industry: Harmonise testing methodologies, interpretation and acceptance practices.

4

Lack of mandatory cost- and data- sharing

No incentive exists to finance substance evaluations and re- evaluations for EUPL entries.

Essential substances may disappear from the EUPL after expiry dates and cannot be used for material production.

Materials and products relying on these substances may lose market access despite long-standing safe use.

Progressive loss of certified products,

reduced innovation and increasing

burden on sole applicants, including

SMEs.

European Commission and Co-Legislators: Introduce mandatory cost- and data-sharing provisions in the Drinking Water Directive.

5

Ion Exchange Resins and Filtration Membranes

Relevant substances and materials remain outside the harmonised Article 11 framework.

No harmonised hygienic assessment pathway exists at EU level.

The Commission has excluded ion- exchange resins and filtration membranes from harmonisation.

No Internal Market for key water treatment technologies. Reduced resilience of drinking water systems.

European Commission and Co-Legislators: Clarify the interaction between Articles 11 and 12 and integrate these products into the harmonised framework.

6

× ×

× × × × ✓

×

×

×

×

×

×

How to read this graphic

• The three doors represent the three regulatory gates to EU market

access: Substances, Materials and Products.

• Each gate requires a matching key.

• If one key is missing, the corresponding door remains closed and the

pathway stops.

• Only when all three gates can be passed is EU market access

possible.

×

✓

European Drinking Water (EDW) Avenue de Cortenbergh 71 1000 Brussels Belgium

www.europeandrinkingwater.eu [email protected]

Registered in the EU Transparency Register under registration number 3520872105990-93

Annex 2 - Concrete examples September 2026 Site-applied materials (cement linings, coatings, mortars, sealing systems, lining with cured-in-place-pipes, lining with adhesive -backed hoses) The final products only come into existence at the place of installation. The conformity assessment modules in Delegated Regulation (EU) 2024/370 are designed for serial factory production and are structurally incompatible with site - applied works. Without amendment, every emergency repair to a public drinking water network would legally require prior involvement of a notified body, which would place water suppliers in an irresolvable conflict between EU compliance and their duty to maintain continuity of su pply. Hafnium in enamelled water heaters and water storage tanks Hafnium is a technically unavoidable trace constituent of zirconium -based raw materials used in enamel coatings of water heaters and water storage tanks as well as in enamelled fittings and valves for drinking water. It is not on the European Positive List; not for safety reasons, but because no Member State formally notified it in due time. As a result, enamelled water heaters and water storage tanks cannot be EU-certified, despite a long history of safe use. Disruptions in availability would directly affect residential and public buildings, including the deployment of heat pumps, as water storage tanks are an essential component of heat pump systems. Glass fibre reinforced materials in water infrastructure Glass fibres have been used safely in pipes, tanks and structural components for over 50 years. The European Positive List allows glass fibres but does not list any glass composition technically suitable for producing them - a clear administrative inconsistency. As a consequence, an entire material category cannot demonstrate compliance, threatening construction, rehabilitation and maintenance of drinking water infrastructure across the EU.

Brussels, 14 September 2026

Re: Implementation challenges relating to Article 11 of the Drinking Water Directive – Request for discussion at the Environment Council Dear Minister Sutt, I am writing to you in my capacity as Chairman of European Drinking Water (EDW) to draw your attention to the significant challenges that the industry is facing in the implementation of Article 11 of the Drinking Water Directive (EU) 2020/2184 and to seek your support in addressing this issue at the next Environment Council meeting, which is scheduled on 12 October 2026. Unless urgent action is taken, there is a considerable risk that manufacturers will be temporarily unable to place certain drinking water contact products on the EU market from 2027 onwards. This could have far-reaching consequences for the resilience of drinking water supply systems and the continued delivery of safe drinking water services across the EU. EDW fully supports the objectives of Article 11 of the Drinking Water Directive, which seeks to establish harmonised, high hygiene standards for products in contact with drinking water across the EU. We firmly believe that, once effectively implemented, these standards will deliver substantial benefits for public health, strengthen consumer protection and enhance the functioning of the internal market. However, with only a few months remaining before the implementation deadline of 31 December 2026, a number of critical issues in the implementation of Article 11 and its related acts remain unresolved. Persistent regulatory uncertainties and practical bottlenecks are creating significant challenges for manufacturers and water operators alike.

By email to: Andres Sutt Minister Ministry of Climate Email: [email protected]

Volker Meyer Chairman, European Drinking

Water industry initiative c/o TEPPFA

Avenue de Cortenbergh 71 1000 Brussels, Belgium

Email: [email protected] Phone: +49 221 270799 01

European Drinking Water (EDW) Article 11 DWD – Environment Council Page 2 of 3

The key issues can be summarised as follow: 1. Structural incompatibility of the current conformity assessment framework with

products made of site-applied materials specifically used in public drinking water supply. 2. The transitional regime under Commission Delegated Regulation (EU) 2024/370, which

risks creating a regulatory deadlock at the start of the new regime’s application. 3. Limited operability of the European Positive Lists system during the initial

implementation phase, resulting in uncertainty for manufacturers and operators. 4. Insufficient harmonisation of material testing methodologies and evaluation of test

results across Member States, undermining consistency in implementation. 5. The absence of a mandatory cost- and data-sharing mechanism, which places the full

financial burden of European Positive Lists evaluations on sole applicants, opening the door to free-riding.

6. Unresolved interaction between Articles 11 and 12 of the Directive regarding ion exchange resins and filtration membranes.

The attached document provides further details on the issues described above, together with proposed solutions developed by EDW. Our secretariat would be pleased to discuss any of these points with you and provide further technical background at your convenience. These issues risk disrupting the supply of essential products for drinking water infrastructure and consequently the supply of drinking water, significantly weakening the competitiveness of the European industry concerned, and generating broader adverse impacts on economic activity, public services and society as a whole. You will find a series of concrete examples in the annex to this letter. In addition, several Member States intend to apply the new requirements from 31 December 2026 without a national transition period, although conformity assessment bodies cannot issue certificates before 1 January 2027; this will result in a situation where the same component may continue to be placed on the market in one Member State while being prohibited in another, thereby creating fragmentation within the Single Market. Over the past year, EDW has engaged in a number of constructive exchanges with the European Commission regarding these concerns. EDW presented potential solutions on the above- mentioned six issues to the European Commission in writing in February this year. The Commission has demonstrated a willingness to explore pragmatic solutions within the bounds of the existing regulatory framework and launched a survey to help carry out a prioritisation exercise on substances envisaged to be included in the first update of the European Positive Lists. As of today, however, it has made clear that reopening the relevant secondary legislation is not currently under consideration. This is concerning as interpretative solutions alone cannot provide the legal certainty required. Such certainty can ultimately only be achieved through targeted amendments to the regulatory framework. Considering the urgency of the situation, we invite you to call on the European Commission to adopt the necessary measures and would be grateful for your support in ensuring that this issue is discussed at the next Environment Council meeting. As this Council configuration played a key role in shaping the recast Drinking Water Directive, we believe it should now take stock of the implementation challenges that risk undermining its intended objectives.

European Drinking Water (EDW) Article 11 DWD – Environment Council Page 3 of 3

I remain at your disposal should you have any questions. Yours sincerely, Volker Meyer Chairman, European Drinking Water Annex 1 – One-pager infographic Annex 2 – Concrete examples About us European Drinking Water (EDW) is an alliance of trade associations representing industries supplying products or materials used in drinking water applications and municipal drinking water supply in Europe. EDW works to promote the harmonisation of EU regulatory requirements of substances, materials and products used in drinking water applications and to ensure the harmonised implementation of the provisions of Article 11 of the EU Drinking Water Directive. European Drinking Water is registered in the EU Transparency Register under registration number 3520872105990-93.