Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

RemovedArticle 12 – paragraph 1 – subparagraph 3: The Member States concerned shall cooperate in order to identify the discharges in question 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.

AddedArticle 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.

RemovedLinking the legislation with the revision of other water legislation, such as the work done through the Water Pollutants proposal from the Commission, is of importance to guaranteeing good water quality.

AddedArticle 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.

RemovedArticle 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 in particular for industrial purposes. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements established under Regulation (EU) 2020/741.

AddedArticle 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.

RemovedArticle 18 – paragraph 2 – point a: (a) establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 500;

AddedArticle 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.

RemovedArticle 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 500;

AddedArticle 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)

RemovedArticle 30 – paragraph 1 – subparagraph 1 – point e: (e) an analyse of the possible need to adapt the list of products to be covered by extended producer responsibility, in particular Per- and Polyfluoroalkyl Substances (PFAS), to the evolution of the range of products placed on the market, improved knowledge on the presence of micro-pollutants in wastewaters and their impacts on public health and the environment, and data resulting from the new monitoring obligations on micro-pollutants in the inlets and outlets of the urban wastewater treatment plants.

AddedArticle 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.

RemovedArticle 31 – paragraph 1: By 1 January 2030 and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the implementation of this Directive, accompanied, where the Commission finds it appropriate, by relevant legislative proposals. The Commission shall assess in particular the possible need to extend the scope of Extended Producer Responsibility to products containing Per- and Polyfluoroalkyl Substances (PFAS) placed on the market and taking into account any restrictions on PFAS.

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

RemovedAnnex I – Part A – paragraph 2 – introductory part: The design, construction and maintenance of collecting systems shall be undertaken in accordance with the best technical knowledge and using appropriate digital tools, not entailing excessive costs, notably regarding:

AddedArticle 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:

RemovedDigital tools can be of help during, for instance, leak detection or when detecting malfunctioning water pumps.

AddedArticle 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;

RemovedAnnex I – Part D – paragraph 6 - table 2 - note 1: Note 1: Natural nitrogen retention may be taken into account in the calculation of the minimum percentage reduction.

AddedArticle 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.

AddedArticle 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:

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

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

AddedArticle 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.

AddedArticle 11 – paragraph 2 b (new): 2b. By way of derogation, if a Member State does not reach 100 % of energy neutrality on a national level for urban wastewater treatment plants treating a load of 10 000 p.e. and above, despite having implemented all energy efficiency measures as set out in the energy audits in paragraph 1 of this Article, and is not able to increase energy production on-or-off site wastewater treatment plants as set out in paragraph 2 of this Article, Member States may exceptionally allow the purchase of renewable energy from external sources through power purchase agreements for the remaining percentage, up to a maximum of 25 %, provided all of the above conditions are met.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

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

AddedArticle 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:

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 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;

AddedArticle 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.

AddedArticle 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:

AddedArticle 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.

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

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.