EC refers Poland to court over delayed DWD implementation

The European Commission has referred Poland to the Court of Justice of the European Union (CJEU) for failing to transpose the recast Drinking Water Directive (DWD) into national law.

The Drinking Water Directive (DWD), adopted in December 2020, aims to strengthen public health protections by updating water quality standards, addressing emerging pollutants such as microplastics and endocrine disruptors. It also focuses on reducing water loss through leaks. EU Member States were required to incorporate the Directive into national legislation by 12 January 2023.

Start of infringement procedure

The European Commission issued a formal notice to Poland in March 2023 for not adopting and communicating the necessary national measures. Poland replied to the letter of formal notice saying that the adoption of transposition measures was planned for April 2024. The Commission followed up with a call for Poland to communicate its measures in relation to the transposition in December 2023.

As Poland has not made sufficient progress, and is the only Member State not to submit any transposition measures. The European Commission said in a June press release that it has decided to escalate the matter to the EU’s highest court. It is seeking financial penalties. No official Polish government statement has been published specifically on the delay with the Drinking Water Directive.

DWD objectives

The updated Drinking Water Directive introduces stricter water quality controls and obligations for Member States to improve access to clean drinking water and reduce average water leakage rates, which currently stand at around 30% across the EU.