Changes from report parliamentary committee draft to plenary report

AddedArticle 4 – paragraph 4 – introductory part: 4. Member States that use individual systems to treat more than 2 % of the urban wastewater load from agglomerations of 2 000 p.e. and above shall provide the Commission with a detailed justification for the use of individual systems. That justification shall:

AddedArticle 4 – paragraph 4 – point c: deleted

AddedArticle 4 – paragraph 4 – point c a (new): (ca) demonstrate compliance with the environmental objectives established in Directive 2000/60/EC.

AddedArticle 5 – paragraph 2 – subparagraph 1 – introductory part: By... [two years after the entry into force of this directive],Member States shall establish a list of agglomerations of between 10 000 p.e. and 100 000 p.e. where, considering historic data and state-of-the-art climate projections, including seasonal variations, one or more of the following conditions apply:

AddedArticle 5 – paragraph 2 – subparagraph 1 – point a: (a) storm water overflow or urban runoff poses a risk to the environment or health in line with the One Health approach ;

AddedArticle 5 – paragraph 2 – subparagraph 1 – point b: (b) storm water overflow represents more than approximately 1 % of the annual collected urban wastewater load, calculated in dry weather conditions;

AddedArticle 5 – paragraph 2 – subparagraph 1 – point c – point iv a (new): (iva) the requirements set out in Article 1 of Directive 2008/56/EC of the European Parliament and of the Council.

AddedArticle 5 – paragraph 4: 4. Integrated urban wastewater management plans, including the specification of parts completed and elements yet to be put in place, shall be made available to the Commission on request within three months of their publication.

AddedArticle 5 – paragraph 5: 5. Integrated urban wastewater management plans shall include at least the elements set out in Annex V and prioritise green and blue infrastructure solutions wherever possible.

AddedArticle 5 – paragraph 5 a (new): 5a. The Commission shall take appropriate action regarding the integrated urban wastewater management plans established by Member States, in the event that such plans do not include at least the elements set out in Annex V.

AddedArticle 5 – paragraph 6 – subparagraph 1 – point b: (b) provide methodologies for the determination of alternative indicators as set out in point 2 (a) of Annex V to verify whether the objective of pollution reduction referred to in that point is achieved;

AddedArticle 5 – paragraph 6 a (new): 6a. Member States shall aim at increasing green space in urban areas in order to reduce storm water overflows based on natural solutions.

AddedArticle 5 – paragraph 6 b (new): 6b. Member States shall ensure that integrated urban wastewater management plans are reviewed every five years after their establishment and updated where necessary.

AddedArticle 6 – paragraph 1 – subparagraph 2 a (new): By way of derogation, urban waste water discharges into waters situated in regions with a cold climate where it is difficult to apply an effective biological treatment due to low temperatures may be subjected to treatment (biochemical oxygen demand, BOD5 as defined in Annex 1, table 1, row 2) which is less stringent than that prescribed in paragraph 1, if the average annual water temperature of the inlet is below 6◦C, and provided that detailed studies indicate that such discharges do not adversely affect the environment. However, the treatment must reach a minimum reduction percentage of 40%, measured at least weekly. Member States that make use of such derogation shall report it to the Commission.

AddedArticle 6 – paragraph 2: 2. For agglomerations of between 750 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 2032.

AddedArticle 6 – paragraph 4: 4. The load expressed in p.e. shall be calculated on the basis of the maximum average weekly load entering the urban wastewater treatment plant during the year, excluding unusual weather situations such as those due to heavy rain.

AddedArticle 7 – paragraph 1 – subparagraph 1: By 31 December 2033, Member States shall ensure that discharges from 50 % of urban wastewater treatment plants treating a load of 100 000 p.e. and above and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] are subject to tertiary treatment in accordance with paragraph 4.

AddedArticle 7 – paragraph 1 – subparagraph 2: By 31 December 2038, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to tertiary treatment in accordance with paragraph 4.

AddedArticle 7 – paragraph 2 – subparagraph 1: By ... [please insert the date 2 years after the entry into force of this Directive], Member States shall establish and publish a list of relevant areas on their territory that are sensitive to eutrophication, and shall include with that list information on whether they are phosphorus- and/or nitrogen-sensitive areas and update that list every five years starting on 31 December 2030, also including information on the cause of the eutrophication.

AddedArticle 7 – paragraph 2 – subparagraph 2: The list referred to in the first subparagraph shall include the areas identified in Annex II. By 31 December 2024, the Commission shall publish guidelines for the harmonised implementation of Annex 2, in particular with regard to transboundary water bodies.

AddedArticle 7 – paragraph 3 – subparagraph 1: Without prejudice to paragraph 1, by 31 December 2038, Member States shall ensure that for 50 % of the agglomerations of 10 000 p.e. and above that are discharging into areas included in the list referred to in paragraph 2 and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into those areas .

AddedArticle 7 – paragraph 3 – subparagraph 2: Without prejudice to the paragraph 1, by 31 December 2043, Member States shall ensure that urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of 10 000 p.e. and above.

AddedArticle 7 – paragraph 4 – subparagraph 1: The annual mean of the samples taken in accordance with Article 21 and Part D of Annex I of this Directive shall comply with the parametric values set out in table 2 of Part B of Annex I to ensure a high level of protection of the environment. The maximum permitted number of samples which fail to conform to the parametric values of table 2 of Part B of Annex I is set out in table 4 of Part D of Annex I.

AddedArticle 7 – paragraph 5 – point a: (a) 90 % for total phosphorus and 75% for total nitrogen by 31 December 2035;

AddedArticle 7 – paragraph 5 – point b: (b) 93% for total phosphorus and 80 % for total nitrogen by 31 December 2040. Days during which the effluent temperature falls below 12 °C are not relevant for the calculation of nitrogen removal for the purpose referred to in the first subparagraph.

AddedArticle 7 – paragraph 7: 7. Member States shall ensure that discharges from urban wastewater treatment plants which are situated in an area included in a list referred to in paragraph 2 and discharges from urban wastewater treatment plants into a catchment area of an area included in a list referred to in paragraph 2 following one of the regular updates of the list required by that paragraph fulfil the requirements laid down in paragraphs 3 and 4 within seven years of the inclusion in that list .

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 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.

Change 3

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

Change 4

RemovedClarifies that the two tonnes exemption is calculated for the Union market, not Member State market.

AddedArticle 9 – paragraph 2 – point b: (b) the products they place on the market are rapidly biodegradable in accordance with Part 4.1.2.9.5 of Annex I to Regulation (EC) 1272/20081a in wastewaters or do not generate micro-pollutants in wastewaters at the end of their life. / 1a Regulation EC 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 353 31.12.2008, p 1).

RemovedArticle 10 – paragraph 1 – point b: (b) has the necessary financial and organisational means to meet the extended producer responsibility obligations of the producers laid down in Article 9;

AddedArticle 9 – paragraph 2 – point b a (new): (ba) the substances in products placed on the market are rapidly biodegradable in aquatic conditions, in accordance with Part 4.1.2.9.5 of Annex I to Regulation (EC) 1272/2008 1a. / 1a Regulation (EC) 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 353 31.12.2008, p 1).

RemovedArticle 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 include an identification of the potential for cost-effective recovery and use of waste heat on site or via a district heating system, or production of renewable energy, with a particular focus to identify and utilise the potential for biogas production, while reducing methane emissions. The first audits shall be carried out:

AddedArticle 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).

RemovedArticle 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 urban wastewater treatment plants treating a load of 10 000 p.e. and above by their owners or their operators, or bought from external sources is equivalent to at least:

AddedArticle 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.

RemovedFlexibility for meeting the set out targets should be allowed. In some cases, treatment plants have contracts with external energy producers for the energy production, in other cases treatment plants have no space capacity for additional energy production. The purpose of the article is to incentivise energy production potential by treatment plants and should allow for different options to reach the targets.

AddedArticle 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.

RemovedArticle 11 – paragraph 2 a (new): 2 a. The renewable energy generated by urban wastewater treatment plants shall be taken into account in assessing whether the percentage requirements referred to in paragraph 2 have been met irrespective of whether that energy is used directly by the urban wastewater treatment plants or is sold by those plants.

AddedArticle 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;

RemovedThe operators of the treatment plants or the energy producers designated to the role of producing renewable energy on behalf of the treatment plants should not be prohibited from selling the energy forward through, for instance, district heating systems or biogas for transport.