Paragraph 3: Health checks and surveillance

From the catchment area upstream of private distribution facilities, the person responsible for water production or distribution draws up, implements, evaluates and updates a water safety management plan for the part for which it is responsible.

For the purposes of this article, the catchment area corresponds to the drinking water catchment area referred to inarticle L. 211-3 of the Environment Code.

Failing this, it corresponds to:

1° In the absence of a defined catchment area, the remote protection perimeter of the water catchment defined in article L. 1321-2 of this Code;

2° In the absence of a defined catchment area and remote protection perimeter, the close protection perimeter defined in the same article, extended to the territory of the municipalities included in this perimeter;

3° In the absence of a defined close protection perimeter, the territory of the municipalities in which the catchment is located.

The procedures for drawing up, implementing, evaluating, updating and forwarding the water safety management plan are specified by an order of the ministers responsible for health, the environment and agriculture. This order also specifies the information to be made available or sent to the Director General of the Regional Health Agency, the Prefect, the Director of the Water Agency or Office with territorial jurisdiction and to consumers.

Where more than one legal entity is responsible for the abstraction, production and distribution of water, the conditions for drawing up, implementing, evaluating and updating the plans are subject to consultation to take account of the risks identified and the measures taken by these legal entities. These conditions include the procedures for coordinating and ensuring the consistency of the plans, in particular the procedures for transmitting relevant information between the parties involved.

The person responsible for the production or distribution of water shall send the Director General of the Regional Health Agency the necessary information with a view to forwarding it to the European Commission.

This article does not apply to persons responsible for the production or distribution of water supplying less than ten cubic metres per day on average or supplying less than fifty people in the course of a commercial or public activity.