When we talk about CE marking, the New Legislative Framework (NLF) is very clear: every product placed on the EU market has someone legally responsible for ensuring it complies. When it comes to the new Drinking Water Directive (DWD), the framework is the same, but the obligations feel heavier because drinking water is a sensitive area.
Let’s break it down.
The Manufacturer
Imagine you design and produce a brass tap. Under CE marking rules, you are the manufacturer. That means you must carry out (or arrange) the conformity assessment, compile the technical documentation, and sign the EU Declaration of Conformity. Only then can you apply the CE mark.
Under the DWD, it is very similar — except the mark is not the CE mark, but the Drinking Water Compliance Mark (DWCM). The manufacturer must:
- Go through the correct module (B + C or B + D), based on the product and its risk group.
- Ensure all materials comply with the European Positive Lists.
- Keep full technical documentation ready for inspection.
- Affix the DWCM and issue the EU Declaration of Conformity.
In short: the manufacturer always carries the primary legal responsibility.
The Importer
Now imagine the tap was made outside the EU — for example in Turkey or China — and brought into Europe. The importer becomes responsible for ensuring that the product entering the EU complies. They do not become the manufacturer, but under the NLF they must check that:
- The manufacturer has correctly performed conformity assessment.
- The technical documentation and Declaration of Conformity exist.
- The product is correctly marked.
Under the DWD, the same logic applies. An importer cannot place a pipe or valve on the EU market unless it carries the DWCM and all supporting documents. If the non-EU manufacturer hasn’t done the work, the importer must step in — sometimes taking over full manufacturer obligations.
The Distributor
What about distributors? Think wholesalers, DIY stores, plumbing retailers. Their obligation under the NLF is to act with “due care.” They do not carry out the conformity assessment themselves, but they must:
- Verify that products carry the correct marking (DWCM).
- Ensure products come with the required documentation.
- Store and transport products correctly so compliance is not compromised.
In the DWD system, distributors are often the closest actors to installers and end users. If they sell a tap without DWCM, or cannot provide the Declaration of Conformity on request, they can also be held liable.
Other Roles
- Authorised Representatives: A non-EU manufacturer may appoint an EU-based representative to manage compliance documentation. This is allowed under the DWD, but responsibilities must be clearly defined.
- Market Surveillance Authorities (MSAs): These national authorities enforce compliance. They can audit technical files, test products, and impose corrective measures.
The Bottom Line
The DWD follows the same logic as CE marking. Manufacturers carry the main burden, importers act as gatekeepers at the EU’s border, and distributors must ensure products are compliant before selling them. But the subject matter is different: instead of electrical safety or EMC, we now deal with migration testing, positive lists, and drinking water quality.
Whether you manufacture, import, or distribute — if the product comes into contact with drinking water, you are part of the compliance chain.