WORLD TRADE
G/TBT/N/ESP/30
28 March 2006
ORGANIZATION
(06-1391)
Committee on Technical Barriers to Trade
Original: Spanish
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1.
Member to Agreement notifying: SPAIN
If applicable, name of local government involved (Articles 3.2 and 7.2):
2.
Agency responsible:
Subdirección General de Sanidad Ambiental y Salud Laboral
(Subdirectorate-General for Environmental and Occupational Health)
Dirección General de Salud Pública (Directorate-General of Public Health)
Ministerio de Sanidad y Consumo (Ministry of Health and Consumer Affairs)
Pº del Prado, 18-20
28071 Madrid
E-mail: sgsasl@msc.es
Name and address (including telephone and fax numbers and E-mail and Web site
addresses, if available) of agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:
3.
Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:
4.
Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable): Substances and
preparations for the purification of, and surface-cleaning products in contact with, water for
consumption
5.
Title, number of pages and language(s) of the notified document: Orden SCO sobre
sustancias para el tratamiento del agua destinada a la producción de agua de consumo
humano (Order of the Ministry of Health and Consumer Affairs on substances used to treat
water intended for the production of water for human consumption) (22 pages, in Spanish).
6.
Description of content: The notified Order seeks to protect public health by ensuring the
proper use of substances for treating water intended for the production of water for human
consumption and to update Annex II to Royal Decree No. 140/2003 on substances used in
the treatment of water.
This Order applies to all products (substances and preparations) added to water or used in
treatment processes for water intended for the production of water for human consumption
and the distribution thereof, to process-water used in the food industry, and to all products
used in maintenance of the supply of, and the cleaning of surfaces and equipment that come
into contact with, water for human consumption.
Key terms: Drinking water, purification, chemicals.
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7.
Objective and rationale, including the nature of urgent problems where applicable:
Protection of consumer interests.
Royal Decree (Real Decreto) No. 140/2003 of 7 February 2003 establishes the sanitary
criteria for the quality of water intended for human consumption and incorporates into
Spanish legislation Council Directive 98/83/EC of 3 November on the quality of water
intended for human consumption.
The main objective of this regulation is to protect human health by guaranteeing the safe use
of substances for treating water intended for the production of water for human
consumption.
Article 9 on substances used in the treatment of water states that any substance or
preparation added to water must comply with the UNE-EN Standard in force at that time.
To this end, Annex II makes reference to the UNE-EN Standards on substances used in the
treatment of water for human consumption.
Given the existence of certain limitations with regard to the application of these criteria and
the need to update the list of substances in Annex II, it has been considered appropriate to
lay down national requirements relating to their use, on the basis of the precautionary
principle, to ensure that none of the substances used in the treatment or distribution of water
intended for human consumption, or the impurities associated with such substances, remain
in concentrations higher than those required for them to meet their objectives in order to
prevent them from constituting, either directly or indirectly, a public health hazard.
The above reasons justify the need to update Annex II to Royal Decree No. 140/2003 of
7 February 2003 establishing the sanitary criteria for the quality of water intended for
human consumption.
In addition to updating Annex II to Royal Decree No. 140/2003, this regulation repeals the
Resolution of 23 April 1984 adopting the positive list of additives and technological aids
authorized for the treatment of drinking water for public consumption.
This Order is issued in exercise of the powers conferred by the first final provision of Royal
Decree No. 140/2003 of 7 February 2003. The sectors and bodies concerned and the
Autonomous Communities were consulted in the drafting of this document, following the
issue of the mandated report of the Interministerial Commission for Food Legislation.
The reason for the urgency of this procedure is that the chemical industry, water purification
plant managers and the health authority are waiting for the use of certain products on the
market to be authorized.
8.
Relevant documents: Real Decreto 140/2003, de 7 de febrero, por el que se establecen los
criterios sanitarios de la calidad del agua de consumo humano (transposición de la
Directiva 98/83/CE) (Royal Decree No. 140/2003 of 7 February 2003 establishing the
sanitary criteria for the quality of water intended for human consumption (transposition of
Council Directive 98/83/EC).
9.
Proposed date of adoption:
The day following publication in the Boletín
Oficial del Estado (Official Journal)
Proposed date of entry into force:
September 2005
10.
Final date for comments: 31 July 2005
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11.
Texts available from: National enquiry point [ X ], or address, telephone and fax
numbers and E-mail and Web site addresses, if available, of other body: