Changes from plenary report to adopted text

Article 8 – paragraph 1 – subparagraph 1: By ... [five years after the entry into force of this Directive], Member States shall ensure that 50 % of discharges from urban wastewater treatment plants treating a load of 150 000 p.e. and above are subject quaternary treatment in accordance with paragraph 5.

Article 8 – paragraph 1 – subparagraph 2: By... [ten years after the entry into force of this Directive], Member States shall ensure that all urban wastewater treatment plants treating a load of 150 000 p.e. and above are subject to quaternary treatment in accordance with paragraph 5.

Article 8 – paragraph 2 – subparagraph 1: By... [two years after the entry into force of this Directive] , Member States shall have established and published a list of agglomerations of 100 000 p.e. and above on their national territory and by ... [five years after the entry into force of this Directive] a list of agglomerations of 35 000 p.e. and above where the concentration or the accumulation of micro-pollutants, represents a risk for health or the environment. Member States shall review that list at least every five years thereafter and update it without unnecessary delay if necessary.

Article 8 – paragraph 2 – subparagraph 2 – introductory part: The lists referred to in the first subparagraph shall include the following areas, unless the absence of risk for health or the environment in those areas can be demonstrated based on a risk assessment:

Article 8 – paragraph 2 – subparagraph 2 – point f: (f) areas where additional treatment is necessary to meet the requirements set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC and 2008/56/EC;

Article 8 – paragraph 2 – subparagraph 2 – point f a (new): (fa) special areas of conservation as designated under Directive 92/43/EEC and special protection areas designated under Directive 79/409/EEC constitutive of the Natura 2000 ecological network.

Article 8 – paragraph 2 a (new): 2a. Where a Member State fails to establish the lists referred to in paragraph 2 by the time-limits set out therein, all discharges from urban wastewater treatment plants treating a load of 35 000 p.e. and above shall be subject to quaternary treatment in accordance with paragraph 5.

Article 8 – paragraph 3 a (new): 3a. Without prejudice to paragraph 1, by... [five years after the entry into force of this Directive] Member States shall ensure that for 50 % of the agglomerations of between 100 000 p.e. and 150 000 p.e., urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2. / By... [ten years after the entry into force of this Directive] Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 100 000 p.e. and 150 000 p.e.

Article 8 – paragraph 4 – subparagraph 1: Without prejudice to paragraph 1, by... [ten years after the entry into force of this Directive], Member States shall ensure that for 50 % of the agglomerations of between 35 000 p.e and above, urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.

Article 8 – paragraph 4 – subparagraph 2: By... [ fifteen years after the entry into force of this Directive], Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 35 000 p.e and above.

Article 8 – paragraph 4 a (new): 4a. Discharges from urban wastewater treatment plants of 35 000 p.e. and above into a catchment area of an area included in a list referred to in paragraph 2 shall also be subject to paragraphs 3 and 4.

Article 8 – paragraph 5 – subparagraph 2: The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend Parts B and D of Annex I in order to adapt the requirements and methods referred to in the first subparagraph to technological and scientific progress.

Article 9 – paragraph 1 – subparagraph 1: Member States shall ensure that producers who place any of the products listed in Annex III on the market have extended producer responsibility.

Article 9 – paragraph 1 – subparagraph 1 a (new): Extended producer responsibility shall be complemented by national financing set up for the upgrade of urban wastewater treatment plants in order to ensure there are no unintended consequences for the availability, affordability and accessibility of vital products, in particular medicines, identified with the assistance of EMA and the ECHA, and to ensure sufficient funds are available to operators. The national funding shall not amount to more than 20% and shall not undermine the polluter pays principle.

Article 9 – paragraph 1 – subparagraph 2 – introductory part: Extended producer responsibility and national financing shall cover:

Article 9 – paragraph 1 – subparagraph 2 – point a: (a) the full costs for complying with the requirements set out in Article 8, including the costs for the quaternary treatment (CAPEX and OPEX) of urban wastewater to remove micro-pollutants that cannot be removed by primary, secondary or tertiary treatment, resulting from the products and their residues they place on the market, for the monitoring of micro-pollutants referred to in Article 21(1), point (a); and

Article 9 – paragraph 1 – subparagraph 2 – point c: (c) other costs required to exercise the extended producer responsibility.

Article 9 – paragraph 1 a (new): 1a. Based on the results of the monitoring required under Article 21, the Commission shall review every five years the list of products set out in Annex 3. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by extending the list of products covered by Annex 3.

Article 9 – paragraph 1 b (new): 1b. Extended producer responsibility applies regardless of whether the products placed on the market or individual components thereof were manufactured in a Member State or third country, or whether the producers have a registered office in the Union or the product is placed on the market via a digital platform.

Article 9 – paragraph 1 c (new): 1c. Member States may add other sectors based on the evidence of the presence of the micro-pollutants produced by this sector.

Article 9 – paragraph 2 – point a: (a) the quantity of the product they place on the Union market is below 2 tonnes per year;

Article 9 – paragraph 3: 3. The Commission is empowered to adopt implementing acts to establish detailed criteria on the uniform application of the condition laid down in paragraph 2, point (b) to specific categories of products. Those implementing acts shall be adopted no later than... [the date of application of Article 8(1)] in accordance with the examination procedure referred to in Article 28(2).

Article 9 – paragraph 3 a (new): 3a. The Commission shall facilitate the exchange of best practices among Member States on the establishment of the extended producer responsibility scheme.

Article 9 – paragraph 4 – subparagraph 1: Member States shall ensure that producers referred to in paragraph 1 exercise their extended producer responsibility collectively by adhering to a producer responsibility organisation or that an established organisation enables such producers to fulfil their obligations.

Article 9 – paragraph 4 – subparagraph 2 – point a – point ii: (ii) information on the hazardousness of the products referred to in point (i) in the wastewaters and on their biodegradability at the end of their life;

Article 9 – paragraph 5 – point c a (new): (ca) the financial contribution of the producers is earmarked for the costs mentioned in paragraph 1, and the treatment plant operators can access the funds according to their investment cycles and needs.

Article 9 – paragraph 5 a (new): 5a. Member States shall ensure that the requirements for the extended producer responsibility scheme and extended producer responsibility organisations set out under Articles 9 and 10 are met before the implementation of the requirements for quaternary treatment set out under Articles 8 (1), (4) and (5) starts.

Article 10 – paragraph 1 – point c a (new): (ca) agrees on detailed rules onburden-sharing taking into account factors such as the quantity of micro-pollutants in the product.

Article 10 – paragraph 1 a (new): 1a. Member States shall take the necessary measures to inform consumers about waste prevention measures, take-back and collection systems, and the impact of inappropriate means of waste disposal of the products listed in Annex III on the collection, treatment, and discharge of wastewater.

Article 10 – paragraph 2: 2. Member States shall establish an adequate monitoring and enforcement framework to ensure that producer responsibility organisations fulfil their obligations in a transparent manner, that the financial means of producer responsibility organisations are properly used, that Member States may consult PROs and shall make any investment in the wastewater treatment plants independently of the producer responsibility organisations and that all actors having extended producer responsibility report reliable data to the competent authorities and, when requested, to the producer responsibility organisations. The competent authorities shall communicate and exchange the necessary data with other competent authorities on a regular basis, at least every six months, in order to fulfil the requirements.

Article 10 – paragraph 4: 4. Member State shall ensure that the producers established on the territory of another Member State or in a third country, and placing products on its market appoint a legal or natural person established on its territory as an authorised representative for the purposes of fulfilling the extended producer responsibility obligations of this Directive on its territory. / (deleted) / (deleted)

Article 10 – paragraph 5 – subparagraph 1 a (new): The dialogue referred to in the first subparagraph shall in particular be such as to allow the identification and implementation of measures to make the extended producer and polluter responsibility as economically efficient as possible, such as measures to reduce the micro-pollutant pressure on wastewater, as well as the choice of the most appropriate technology in quaternary treatment and in order to prevent any unintended consequences for the affordability, accessibility and availability of medicinal products.

Article 10 – paragraph 5 a (new): 5a. Associations representing wastewater treatment plant operators shall have observer status within the extended producer responsibility organisations.

Article 11 – paragraph 1 – introductory part: 1. Member States shall ensure that energy audits of urban wastewater treatment plants and collecting systems are carried out every four years. Those audits shall be carried out in accordance with Article 8 of Directive 2012/27/EU and Article 11 of Directive (...) on energy efficiency (recast) and, using digital instruments where feasible, include an identification of the potential for cost-effective use, reduction of energy consumption, recovery and use of waste heat either onsite or via a district system or production of renewable energy. A particular focus to identify and utilise the potential for biogas production, while reducing methane and nitrous oxide emissions. The first audits shall be carried out:

Article 11 – paragraph 1 – point a: (a) by... [24 months after the entry into force of this Directive] for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;

Article 11 – paragraph 1 – point b: (b) by... [48 months after the entry into force of this Directive] for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.

Article 11 – paragraph 2 – introductory part: 2. Member States shall ensure that the total annual energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, generated at national level on- or off-site by urban wastewater treatment plants treating a load of 10 000 p.e. and above and independently if it is used on- or off-site the urban wastewater treatment plant by their owners or operators, is equivalent to at least:

Article 11 – paragraph 2 – point a: (a) 50 % of the total annual energy used by such plants by 31 December 2033;

Article 11 – paragraph 2 – point b: (b) 75 % of the total annual energy used by such plants by 31 December 2036;

Article 11 – paragraph 2 a (new): 2a. Member States shall facilitate approval procedures for the development of renewable production for use by wastewater treatment plants in accordance with Directive (EU) 2018/2001.

Article 11 – paragraph 2 c (new): 2c. The Commission shall propose by 31 December 2025 a methane emission reductions roadmap for 2030. Member States shall ensure that the wastewater treatment sector is climate neutral by 2050.

Article 12 – paragraph 1 – subparagraph 2: This notification shall be immediate in case of pollution that may significantly affect downstream water bodies. The notification shall also be sent to relevant catchment stakeholders, such as drinking water operators. In the event of any discharge affecting health or the environment in another Member State, the Member State in whose territory the discharge has occurred shall ensure that the competent authority of the other Member State and the Commission are immediately informed.

Article 12 – paragraph 1 – subparagraph 2 a (new): Member States shall respond to each other in a timely manner, and no later than one month after notification by another Member State in accordance with paragraph 1.

Article 12 – paragraph 1 – subparagraph 3: The Member States concerned shall cooperate in order to identify the discharges in question, where applicable, in line with the relevant water pollutants legislation and the measures to be taken at source to protect the waters that are affected in order to ensure conformity with this Directive.

Article 14 – paragraph 1 – subparagraph 2 – point b: (b) allows the operators of collecting systems and urban wastewater treatment plants receiving non-domestic wastewater discharge to consult the specific authorisations in their catchment areas prior to them being granted;

Article 14 – paragraph 1 – subparagraph 2 – point b a (new): (ba) ensures that the operator that discharges the non-domestic wastewater, fulfils all of the following requirements: / (i) the released polluting substances do not impede the operation of the wastewater treatment plant or the capacity to recover resources; / (ii) the released polluting substances do not harm the health of the staff working in collecting systems and wastewater treatment plants; / (iii) the wastewater treatment plant is designed and equipped to abate the released polluting substances;

Article 14 – paragraph 1 – subparagraph 2 – point b b (new): (bb) does not grant the specific authorisation when the non-domestic discharge is a risk for water bodies used for abstraction of water intended for human consumption, as defined in Article 2, point (1), of Directive (EU) 2020/2184;

Article 14 – paragraph 1 – subparagraph 2 – point b c (new): (bc) such procedures do not delay the granting of the specific authorisation unduly.

Article 14 – paragraph 2 – introductory part: 2. Member States shall take the appropriate measures, including a review and, where necessary, revocation of the specific authorisation, to identify, prevent and reduce as far as possible the sources of pollution in non-domestic wastewater referred to in paragraph 1 where any of the following situations arise:

Article 14 – paragraph 2 – point c: (c) treated urban wastewater is to be reused in accordance with Regulation (EU) 2020/741 or reused for purposes other than agricultural purposes;

Article 14 – paragraph 4 a (new): 4a. In the event of an incident or accident affecting operators of urban wastewater treatment plants, the competent authority shall require the operator holding specific authorisation to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents. The competent authority shall inform the operators of wastewater treatment plans, including any transboundary wastewater operators that are affected, of the measures taken to prevent or remedy damage caused by that pollution to health and the environment.

Article 15 – paragraph 1: 1. Member States shall systematically promote the reuse of treated wastewater from all urban wastewater treatment plants, especially in water-stressed areas and for industrial purposes, ifthere is no adverse effect for the environment and health risk management measures have been implemented. The needs for water reuse shall be assessed having regard to national river basin management plans established under the Water Framework Directive 2000/60/EC. Member States shall ensure that the reuse of wastewater does not endanger the ecological flow in the receiving waters when planning reuse purposes. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements established under Regulation (EU) 2020/741.

Article 15 – paragraph 1 a (new): 1a. In order to promote the circular economy, tertiary treatment requirements as set out in Article 7 and Table 2 of Part B of Annex I shall temporarily not apply to reclaimed water that is exclusively destined for reuse in agricultural irrigation thereby reducing the need to add nitrogen and phosphorus to to water used for irrigation. / The reuse of reclaimed water for agricultural purposes as mentioned in the first subparagraph shall be allowed only if all of the following conditions are met: / (a) there is no risk to health or the environment, including eutrophication; / (b) the reclaimed water complies with the requirements laid down in Regulation (EU) 2020/741; / (c) additional monitoring of micropollutants and micro-plastics is carried out in reclaimed urban wastewater; / (d) the minimum ecological flow of the receiving water bodies is not endangered; / (e) there is sufficient treatment or storage capacity for all incoming urban wastewaters for periods when urban wastewater is not reused in agriculture. / When the derogation referred to in the first subparagraph is used, quaternary treatment shall apply to the reused urban wastewater in accordance with Article 8.

Article 15 – paragraph 1 b (new): 1b. Unless Member States have already developed comparable national water strategies, by ... [please insert the date 24 months after the date of entry into force of this Directive], Member States shall establish, in consultation with the Commission and the relevant stakeholders, including government agencies and regional and local governments, water utilities, industry, non-governmental organisations, and academia, a National Water Saving and Reuse plan that: / (a) identifies sets of actions needed to ensure the security, sustainability, and resilience of the Member States’ respective water resources or transboundary water resources shared with another Member State or a third country; / (b) defines national objectives and action plans in the defined areas, as listed in point (a), including for water reuse and water saving without prejudice to Article 2 of Regulation (EU) 2020/741, taking account of climate change projections on the availability of water, where treated urban wastewater is discharged; / (c) provides a description of the implementing measures to achieve the objectives, including the financial means associated.

Article 15 – paragraph 3 a (new): 3a. Member States shall take all necessary measures to anticipate and adapt their urban wastewater collection and treatment infrastructure to address increased loads of domestic wastewater, including the construction of new infrastructure where necessary. All precautionary measures shall be taken to avoid deterioration of the ecological and chemical status of affected water bodies. / Member States shall be considered to comply with the objectives set out in Directive 2000/60/EC if all of the following criteria are met: / (a) alternative ways of addressing the increase in domestic wastewater loads and run off loads, including the consideration of alternative points of discharge, would not produce more environmental benefits or they would involve excessive cost; / (b) all technically feasible mitigation measures are set out in the authorisation of a wastewater treatment plant referred to in Articles 14 and 15 and effectively implemented to minimise the impacts from urban wastewater on the affected water bodies including, where so required, more stringent emission controls, with the aim of meeting the objectives set out in Directive 2000/60/EC and the environmental quality standards set in accordance with Directive 2008/105/EC. / Compliance with the criteria referred to in the second subparagraph shall be demonstrated in the relevant River Basin Management Plans developed under Directive 2000/60/EC.

Article 15 – paragraph 3 b (new): 3b. Where an environmental quality standard requires stricter conditions than those set out in Part A and B of Annex I, additional measures shall be included in the specific authorisation, without prejudice to other measures which may be taken to comply with environmental quality standards.

Article 17 – paragraph 1 – point f: (f) any other public health parameters, such as E-Coli or legionella, that are considered relevant by the European Centre for Disease Prevention and Control (ECDC) or the competent authorities of the Member States for monitoring.