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Portable Water Rules. Temperature at testing. Possibility

 
T.DePas's Avatar
  • Answered by:T.DePas
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Customer Question

Portable Water Rules.
Temperature at testing.
Possibility to be boild etc. without deposite.

Bo I Eriksson XXX@XXXXXX.XXX

Submitted: 290 days and 20 hours ago.
Category: European Law
Value: 54 €
Status: CLOSED
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Expert:  T.DePas replied 290 days and 16 hours ago.

Dear customer,

 

Thank you for your inquire. I would be very happy to help you with my legal advice.

 

Could you please specify better your situation so that I can give you a more precise answer?

 

Thank you in advance. I look forward to hearing from you.

 

Best,

 

Tiziana
.

Customer replied 288 days and 17 hours ago.

I'm a Swedish citizen 83y old now living in France.


I'm renting a house from the commune. (St.Secondin, 86)


6y ago they was digging outside my house for gas pipeline.


They cut off my waterline. Water was rushing out on the ground, and the meter was spinning backwards.


Braking the figure wheel showing 100 m3, and filled up the meter with deposit. The meter stopped at -12 m3 less than at the last reading.


The man reading the meter added 100 m3 and charge me 88 m3.


I had just been living in the house shortly, and been much away. After about 1 year when seeing my consumption be 22 m3 a year I wrote the supplier. Siveer. They denied everything. Saying I have been watering my garden. I don't have a garden, and is living alone. Charging me 4 times the annual consumption for one year.


At a meeting at their office with a friend, mayor in another commune, I was delivering samples of what had been left when boiling pure water in a pan. Containing calc and rust. The water is taken in to my house without any filter, without any salt etc. I got a test result saying I just have to accept some debris. The test was done at low temperatures. No heating or boiling. I was demanding repayment, but it was too late. That I had written a letter was ignored.


I was stopping paying, and waiting for the meter to be showing a higher figure for 100 m3. (On the not existing figure wheel ).


Sept.2009 when I was back home after being away for several weeks, the meter was cleaned, bigger figures in place, and the missing 100 m3 wheel installed with their number. (Adding 1 more then real). Thus cleaned and repaired without respond to my claims, which was now shown to be right. Still refusing my claims. So still no payment in any direction.


1 Nov.2011 I was back after 2 month absent. When putting on light, no electricity. In the morning when I was checking it out. The warm water kettle was blowing the fuse. So still no warm water, but I had electricity.


The electric element in the kettle, and the kettle was clogged up with debris, and not cooled by the water. So burned. The reason was the deposit. Replacing parts is not the solution. I need to have clean water.


POTABLE WATER:


To my opinion and professional knowledge means water usable for cocking and household use.


The tests need to be done at or after water is heated up to boiling temperature.


After that the water shall not contain dangerous thing; poisoned, sharp etc.


It shall also not be tasting bad.


 


Actual tests have only been made at low temperatures.


No cocking shown, but as low as 20 F, which means ice!!!


Must be wrong. (I’m not shore a SciPo understands that).


I have an engineering degree. Master of Science level.


There must be a requirement of boiling at the tests to be seen as Portable Water useful as Townwater!!

Accepted Answer

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Expert:  T.DePas replied 287 days and 9 hours ago.

Dear customer,

 

Thank you for your inquire.

 

What you foresee is true.

 

EU law sets quality standards for drinking water quality at the tap (microbiological, chemical and organoleptic parameters) and the general obligation that drinking water must be wholesome and clean.

 

In particular, directive 98/83/EC obliges Member States to regular monitoring of drinking water quality and to provide to consumers adequate and up-to-date information on their drinking water quality.

 

Article 2 defines drinkable water as 'water intended for human consumption` which shall mean:

(a) all water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of its origin and whether it is supplied from a distribution network, from a tanker, or in bottles or containers -

(Please note that 'domestic distribution system` shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption and the distribution network but only if they are not the responsibility of the water supplier, in its capacity as a water supplier, according to the relevant national law).

(b) all water used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form.

 

After specifying what potable water shall mean for all the directive purposes, the directive fixes all the parameters that drinkable water shall have within the Union (ANNEX I) and which methods of analysis- most of them are ISO which prescribe precise temperatures - shall be used to test the water (ANNEX III).

 

Member States shall ensure that the measures taken to implement this Directive in no circumstances have the effect of allowing, directly or indirectly, either any deterioration of the present quality of water intended for human consumption so far as that is relevant for the protection of human health or any increase in the pollution of waters used for the production of drinking water.

 

For further details you can directly check the directive content at the following website:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1998:330:0032:0054:EN:PDF

 

You could also use the following handbook as a guide to interpret the directive and all the EU legislation related to water protection legislation:

http://ec.europa.eu/environment/enlarg/handbook/water.pdf

 

As you might easily understand, the water company is permanently breaking these rules. In your case, I am pretty sure you can well claim for reimboursement of what you have paid so far for receiving a bad service, plus a tort for the damage that they may have caused to your health.

 

I suggest you to contact a local attorney who could best take care of your rights. The best for you, would be to contact the closest consumers'protection service. There you will be able to get special legal advice at a very low price (sometimes even for free).

 

I hope this helps. If it does, please do not hesitate to rate my answer positively so that I can get compensated for my job without any extra charge for you with the amount you have already deposited.

 

Otherwise, please, feel free to ask for further information. I will be more than happy to help you further.

 

Best,

 

Tiziana

Expert TypeAttorney
Category: European Law
Pos. Feedback: 94.3 %
Accepts: 119
Answered: 7/8/2012

Experience: Solicitor - Ph.D. Doctor Europaeus in EU law

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