Changes from plenary report to adopted text

Article 17 – paragraph 2 – introductory part: 2. For the purpose of paragraph 1, Member States shall set up a national system for permanent cooperation and coordination between competent authorities responsible for public health and competent authorities responsible for urban wastewater treatment, using digital tools and technologies as appropriate, with regard to:

Article 17 – paragraph 2 – point a a (new): (aa) the clear allocation of roles, responsibilities and costs among operators and relevant competent authorities, including where related to sampling and analysis;

Article 17 – paragraph 2 – point a b (new): (ab) the specification of responsibilities of involved competent authorities, urban wastewater treatment plant operators and other relevant actors, where additional costs for sampling and analysis resulting from the obligations under this Article shall not be allocated to the urban waste water treatment plant operators;

Article 17 – paragraph 2 – point b: (b) the determination of the location and the frequency of urban wastewater sampling and analysis for each public health parameter identified in accordance with paragraph 1, whereas the carrying out of sampling is the responsibility of the authorities responsible for urban wastewater treatment and the carrying out of analyses is the responsibility of the authorities responsible for public health. This shall take into account the available health data and the needs in terms of public health data and, where relevant, the local epidemiological situations.

Article 17 – paragraph 2 – point c: (c) the organisation of an appropriate and timely communication of the monitoring results to the competent authorities responsible for public health and to Union platforms, where such platforms are available, and to the drinking water companies.

Article 17 – paragraph 3 – subparagraph 1: When a public health emergency is declared by the competent authority responsible for public health in the Member State, urban wastewaters from at least 70 % of the national population shall be monitored, and at least one sample shall be taken per week for agglomerations of 100 000 p.e. and more. This monitoring shall continue until this competent authority declares that the public health emergency has ended.

Article 17 – paragraph 4 – subparagraph 1: For agglomerations of 100 000 p.e. and above, Member States shall, by 1 January 2025, ensure that antimicrobial resistance is monitored at least twice a year at the inlets and outlets of urban wastewater treatment plants and, when relevant, in the collecting systems. Member States shall encourage additional antimicrobial resistance monitoring when suitable technologies are available at a cost-effective rate.

Article 17 – paragraph 4 – subparagraph 2: By 31 December 2025, the Commission shall adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by establishing a harmonised methodology for measuring antimicrobial resistance in urban wastewaters, taking into account data from national public health authorities and national authorities responsible for monitoring antimicrobial resistance.

Article 18 – paragraph 1 – introductory part: 1. By [OP please insert the date = the last day of the second year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and health, taking into account seasonal fluctuations and extreme events and at least those related to the following:

Article 18 – paragraph 1 – point c: (c) the good ecological status of a water body as defined in Article 2, point (22), the good chemical status of a surface water body as defined in Article 2, (point 24) and the good chemical status of a groundwater body as defined in Article 2, point (25) of Directive 2000/60/EC;

Article 18 – paragraph 1 – point d a (new): (da) the good environmental status of the marine environment as defined in point 5 of Article 3 of Directive 2008/56/EC.

Article 18 – paragraph 2 – introductory part: 2. Where risks have been identified in accordance with paragraph 1, Member States shall adopt appropriate measures to address them, which may include the following measures:

Article 18 – paragraph 2 – point -a (new): (–a) preventive measures in addition to the measures provided for or taken in accordance with Article 11(3) of Directive 2000/60/EC, where required to safeguard the quality of the water body; Member States shall promote control at source to prevent pollution in urban wastewater, in line with Article 191(2) of the Treaty on the Functioning of the European Union.

Article 18 – paragraph 2 – point a: (a) establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 750;

Article 18 – paragraph 2 – point b: (b) applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations with a p.e. of less than 750;

Article 18 – paragraph 3: 3. The identification of the risks carried out in accordance with paragraph 1 of this Article shall be reviewed every 6 years and aligned with the timing of the review of the River Basin Management Plans developed under Directive 2000/60/EC. A summary of the identified risks accompanied with a description of the measures adopted in accordance with paragraph 2 of this Article shall be included in the national implementation programmes referred to in Article 23 and communicated to the Commission on request. That summary shall be made available to the public.

Article 19 – paragraph 1: Without prejudice to the principles of subsidiarity and proportionality, whilst taking into account local and regional perspectives and circumstances for sanitation, Member States shall take all necessary measures to ensure access to sanitation for all, in particular for vulnerable and marginalised groups.

Article 19 – paragraph 2: For that purpose, Member States shall by 31 December 2030:

Article 19 – paragraph 2 – point a: (a) identify categories of people without access, or with limited access, to sanitation facilities, paying special attention to vulnerable and marginalised groups, and provide reasons for such lack of access;

Article 19 – paragraph 2 – point b: (b) assess the possibilities for and improve access to sanitation facilities for the categories of people referred to in point (a);

Article 19 – paragraph 2 – point c: (c) for all agglomerations of 5000 p.e. and above, encourage the establishment of a sufficient number of sanitation facilities in public spaces, which are freely and, in particular for women, safely accessible;

Article 19 – paragraph 2 – point c a (new): (ca) encourage competent authorities to make available free sanitation facilities in public buildings, in particular in administrative buildings, and encourage the making available of sanitation facilities for all, for free or for a low service fee, in restaurants, shops and similar private spaces;

Article 19 – paragraph 2 – point c b (new): (cb) take additional measures that they consider necessary and appropriate to ensure that there is access to sanitation for all.

Article 20 – paragraph 1: 1. Member States shall take the necessary measures to ensure that sludge management routes are conform to the waste hierarchy provided for in Article 4 of Directive 2008/98/EC. Such routes shall maximize prevention, re-use and recycling of resources and ensure that there are no adverse effects to health or the environment.

Article 20 – paragraph 1 a (new): 1a. Member States shall set a strict national quality standard for sludge to be further reused, in line with Council Directive 86/278/EEC (the ‘Sewage Sludge Directive’), with additional requirements on micro-plastics, to make sure that its use is safe for health, especially in case of further use in agriculture.

Article 20 – paragraph 2: 2. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by setting out the minimum reuse and recycling rates for phosphorus and nitrogen from urban wastewater and sludge, in order to take into account available technologies for phosphorus and nitrogen recovery in wastewater and sludge and by setting out rules for safe sludge management ensuring there are no adverse effects on health or the environment. The Commission shall adopt those delegated acts by ... [date of the last day of the year after the end of the transposition period for this Directive].

Article 20 – paragraph 2 a (new): 2a. Member States may take measures to encourage the purchasing of recovered nutrients from urban wastewater and sludge. The Commission shall promote enabling legislative frameworks for the development of a functional market for recovered phosphorus and nitrogen.

Article 21 – paragraph 1 – point c: (c) the destination of the treated urban wastewater including the share of reused water, including monitoring that, where the treated wastewater discharges into a water body, minimal ecological flow is ensured at all times;

Article 21 – paragraph 1 – point d: (d) the direct and indirect greenhouse gas emissions produced by all operational activities of the urban wastewater treatment plant and the energy used and produced by urban wastewater treatment plants of above 10 000 p.e. The monitoring shall also include detection of leaks of methane and untreated wastewater from collecting systems;

Article 21 – paragraph 2: 2. For all agglomerations of 10 000 p.e. and above, Member States shall ensure that competent authorities or appropriate bodies monitor the frequency and volume of storm water overflows and urban runoff and the concentration and loads of pollutants discharged into water bodies.

Article 21 – paragraph 3 – subparagraph 1 – point a – introductory part: (a) relevant pollutants listed in:

Article 21 – paragraph 3 – subparagraph 1 – point b: (b) parameters listed in Parts A and B of Annex III to Directive (EU) 2020/2184, where urban wastewater is discharged in a catchment area referred to in Article 8 of that Directive;

Article 21 – paragraph 3 – subparagraph 1 – point c a (new): (ca) the presence of Per- and polyfluoroalkyl substances (PFAS) and chlorothalonil in line with Directive (EU) 2020/2184 on the quality of water intended for human consumption and Directive 2008/105/EC on environmental quality standards in the field of water policy;

Article 21 – paragraph 3 – subparagraph 2: For all agglomerations of above 10 000 p.e., Member States shall monitor the presence of micro-pollutants and micro-plastics in the sludge.

Article 21 – paragraph 3 – subparagraph 2 a (new): The Commission shall, where appropriate, submit a legislative proposal, accompanied by an impact assessment, in line with its initiative on “Microplastics pollution - measures to reduce its impacts on the environment”.

Article 21 – paragraph 3 – subparagraph 3 – point b: (b) at least one sample annually for agglomerations of between 10 000 p.e. and 100 000 p.e. / For all agglomerations of above 10 000 p.e., Member States shall perform a broad chemical screening annually, including chemical mixtures, in order to identify substances that cause concern for aquatic life, drinking or bathing water quality or that indicate non-compliant discharges for industry discharges to sewers.

Article 21 – paragraph 3 – subparagraph 4: By 30 June 2025, the Commission shall adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by establishing a methodology for measuring micro-plastics in urban wastewater and sludge.

Article 21 – paragraph 3 – subparagraph 4 a (new): Member States are encouraged to continue using the Union funding available to enable an equally good level of water as a strategic sector. Member States are equally encouraged to exchange best practices on how to improve absorption of Union Funds.

Article 21 – paragraph 3 – subparagraph 4 b (new): By 30 June 2025, the Commission shall adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by establishing a methodology for measuring per- and polyfluoroalkyl substances (PFAS) in urban wastewater and sludge.

Article 21 – paragraph 3 – subparagraph 4 c (new): By ... [two years after the entry into force of this Directive], the Commission shall establish Union-wide technical guidelines and harmonised standards for continuous and precise, and where possible online, pollution monitoring systems for water quality measurements.

Article 22 – paragraph 1 – point a: (a) by 31 December 2026, set up a data set containing information collected in accordance with Article 21 including information concerning the parameters referred to in Article 21(1), point (a), and the results of the tests with regard to the pass/fail criteria established in Part D of Annex I and update that data set annually thereafter

Article 22 – paragraph 1 – point b: (b) by 31 December 2026, set up a data set indicating the percentage of urban wastewater which is collected and treated in accordance with Article 3 and update that data set annually thereafter;

Article 22 – paragraph 1 – point c: (c) by 31 December 2026, set up a data set containing information on measures taken to implement Article 4(4) and on the percentage of the urban wastewater load from agglomerations above 2 000 p.e. which is treated in individual systems and update that data set annually thereafter;

Article 22 – paragraph 1 – point d: (d) by 31 December 2026, set up a data set containing information on the number of samples collected and the number of samples taken in accordance with Part D of Annex I that have failed;

Article 22 – paragraph 1 – point e: (e) by 31 December 2027, set up a data set containing information on all direct and indirect greenhouse gas emissions from all operational activities with a breakdown between different gasses, including methane and nitrous oxide, emission sources, and on the total energy used and renewable energy produced by each urban wastewater treatment plant of 10 000 p.e. and above as well as a calculation of the percentage of achievement of the targets set out in Article 11(2) and update that data set annually thereafter;

Article 22 – paragraph 1 – point f: (f) by 31 December 2027, set up a data set containing information on measures taken in accordance with point 3 of Annex V and update that data set annually thereafter;

Article 22 – paragraph 1 – point g: (g) by 31 December 2027, set up a data set containing the monitoring results referred to in accordance with Article 17(1) and (4) and update that data set annually thereafter;

Article 22 – paragraph 1 – point h: (h) by 31 December 2027, set up a data set containing the list of areas identified as sensitive to eutrophication in accordance with Article 7(2) and update that data set every 5 years thereafter;

Article 22 – paragraph 1 – point j a (new): (ja) by December 2025, set up a data set containing information on the type and the volume, if applicable, of technologies used for biological wastewater treatment, such as plastic biomedia, used by individual, municipal and industrial plants, and update that data set every five years thereafter;

Article 23 – paragraph 1 – subparagraph 2 – point b: b) the identification and planning of investments required to implement this Directive for each agglomeration, including an indicative financial estimation, including an estimation of the financial contribution from the producer responsibility organisations established in accordance with Article 10 of this Directive, and a prioritisation of those investments related to the size of the agglomeration and the environmental impact of untreated urban wastewater;

Article 23 – paragraph 1 – subparagraph 2 – point c: c) an estimate of investments needed to renew existing urban wastewater infrastructures, including collecting systems, based on their age and depreciation rates, and using, where appropriate, digital instruments;

Article 23 – paragraph 3: 3. Member States shall update their national implementation programmes at least every six years and in alignment with the timing of the review of the Programmes of Measures of the River Basin Management Plans developed under Directive 2000/60/EC. They shall submit them to the Commission by 31 December, except where they can demonstrate that they are in compliance with Articles 3 to 8. / By 12 months after they adopt their action plans on water reuse and saving set under Article 15, paragraph (1ab), Member States shall carry out an assessment of the state of implementation of those action plans. / By ... [48 months after the date of entry into force of this Directive ] Member States shall communicate the outcome of the assessment.

Article 24 – paragraph 1 – subparagraph 1: Member States shall ensure that adequate, easily accessible, and up-to-date information on urban wastewater collection and treatment is available to the public online, in a user-friendly and customised way, in each agglomeration. The information shall include at least the data listed in Annex VI.

Article 24 – paragraph 2 – introductory part: 2. In addition, Member States shall ensure that all persons connected to collecting systems receive regularly and at least once a year, in the most appropriate and easily accessible form, including on their invoice and by digital means, such as smart applications, without having to request it, the following information:

Article 24 – paragraph 2 – point a: (a) information on the compliance of the collection and treatment of urban wastewater with Articles 3, 4, 6, 7 and 8 , including a comparison between the actual releases of pollutants in receiving waters with the limit values set out in Tables 1, 2 and 3 of Annex I; this information shall be presented in a manner that allows for easy comparison, for example in the form of a percentage of compliance;

Article 24 – paragraph 2 – point c a (new): (ca) the total greenhouse gas emissions (in tonnes of CO2 equivalent) emitted per year and source;

Article 25 – paragraph 1 – subparagraph 2: The review procedure shall be fair, equitable, promptly and on time and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.

Article 25 – paragraph 2 a (new): 2a. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.