The new EU DWD consists not of a single regulation, but of an entire package of delegated and implementing regulations.
The market-approval system — previously national — is now fully harmonised at EU level. And this part of the DWD itself is divided into several legal acts, so understanding how they differ is essential.
If you’re coming from national approval systems or the 4MS Initiative, you’re used to a simple, linear chain:
national law → technical guidelines → test standards → approval.
The new EU Drinking Water Directive (DWD) reorganises this into a harmonised EU framework, with a clear legal hierarchy you must understand:
1. At the Top: The Directive Itself
Directive (EU) 2020/2184 is the backbone.
It is the EU’s main law on drinking water — covering access to water, the quality of water intended for human consumption, and public-health protection.
The main pillars of EU drinking-water policy are to:
- Protect human health by ensuring the quality of water intended for human consumption.
- Ensure that drinking-water quality is controlled through standards based on the latest scientific evidence.
- Secure efficient and effective monitoring, assessment, and enforcement of drinking-water quality.
- Provide Europeans with adequate, timely, and appropriate information.
- Improve access to water intended for human consumption.
A key element is the regulation of products and materials that come into contact with drinking water.
Article 11 sets the basic hygiene requirements for contact materials.
It does not give testing methods or detailed procedures — instead, it empowers the Commission to adopt them via delegated and implementing acts.
2. Delegated vs Implementing Acts – Quick Explanation
- Delegated acts → supplement or amend the Directive (think: “what rules apply”).
- Implementing acts → set out how to apply those rules in practice (think: “how to carry them out”).
All DWD Article 11 acts were adopted on 23 January 2024 and apply fully from 31 December 2026, with national approvals allowed until 2032.
3. The DWD Article 11 Framework
| 2020/2184 – the EU DWD | Directive | Sets the legal basis & empowers the Commission to adopt detailed rules | You must comply with this from the top down |
| 2024/370 – Procedure for assessment | Delegated Regulation | Conformity assessment procedures & rules for Notified Bodies | Tells you which module (C, D, B+D) applies and how NB designation works |
| 2024/367 | Implementing Decision | EU Positive Lists for starting substances, metallic compositions, cementitious constituents, enamels/inorganics | You can only use what’s listed here |
| 2024/365 | Implementing Decision | Methodologies for testing & accepting starting substances/compositions for inclusion in the positive list | Relevant when applying for new entries |
| 2024/368 | Implementing Decision | Testing & acceptance procedures for final materials | How to test the actual product material for compliance |
| 2024/369 | Delegated Regulation | Introduces the procedure, based on 2024/365, for inclusion into the positive list | Provides legal certainty and timelines on what to expect with ECHA |
| 2024/371 | Delegated Regulation | Marking to be applied on products sold under the DWD | Rules for packaging and labelling |
| Guidance Document (conformity assessment) | Non-binding guidance | Practical interpretation, risk group rules, surface area conversion, module choice | Your “playbook” for making the system work; not yet published |
| Guidance Document (ECHA) | Non-binding guidance | Guidance on getting materials into the positive list | Your “playbook” for positive-list applications |
4. How They Fit Together
Think of it as a funnel:
- Directive – broad principles & obligations.
- Delegated acts – specific rules that bind manufacturers and authorities.
- Implementing acts – step-by-step technical requirements.
- Guidance – industry-friendly explanations and tools.
6. Key Takeaways for Manufacturers
- This is a single EU market system — once certified under the DWD, your product can be placed anywhere in the EU without re-testing for national rules (post-2026).
- The positive list is central — you can’t start production unless your inputs are there or approved.
- The conformity assessment module defines your route — get familiar with RG1–RG4 and Module C/D/B+D.
- Keep an eye on expiry dates in the positive list — re-evaluation is mandatory.
- National approvals only carry you to 2032 — don’t wait to switch. (We have articles on the transition period here: [LINK])