Changes from report parliamentary committee draft to plenary report

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

AddedArticle 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;

AddedArticle 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);

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 20 – paragraph 1 b (new): 1a. Member States shall consider all possible options of extracting valuable resources from sewage sludge and wastewater that are safe for health and environment in order to ensure circular economy, including recovery and recycling of phosphorus, to consolidate the resilience and sustainability of the agricultural sector and contribute to the strategic autonomy of the EU fertiliser industry.

AddedArticle 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].

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

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

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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”.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 22 – paragraph 3 – subparagraph 2: With regard to the information referred to in paragraph 1, the EEA shall provide the public with access to relevant data through the European Pollutant Release and Transfer Register established under Regulation (EC) No 2006/166 and allowing for a comparison at national level and exchange of best practices at Union level of the performance of treatment plants, and supporting compliance with this Directive through its database.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 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;

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 26 – paragraph 1: 1. Member States shall ensure that, where damage to health or environment has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation.

AddedArticle 26 – paragraph 2: 2. Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.

AddedArticle 26 – paragraph 5 a (new): 5a. Member States shall ensure that information is made available to the public on their right to claim compensation for damage.

AddedArticle 27 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 2(1 a) (new), 4(3), 6(3), 7(4), 8(5), 9(1) 14(3), 20(2), and 24(3) shall be conferred on the Commission for a period of five years from [OP please insert the date = the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

AddedArticle 27 – paragraph 3: 3. The delegation of power referred to in Articles 2(1 a) (new), 4(3), 6(3), 7(4), 8(5), 9(1) 14(3), 20(2), and 24(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

AddedArticle 27 – paragraph 6: 6. A delegated act adopted pursuant to Articles 2(1 a) (new), 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), or 24(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

AddedArticle 29 – paragraph 2 – point c: (c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of health and the environment.

AddedArticle 30 – paragraph 1 – subparagraph 1 – point e: (e) an analysis 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 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 the possible need to extend the scope of Extended Producer Responsibility, in particular to products containing microplastics and Per- and Polyfluoroalkyl Substances (PFAS) placed on the market and taking into account any restrictions on PFAS.

AddedArticle 32 – paragraph 2: 2. Article 3(1) and (2) and Article 6 shall apply from 31 December 2030 in respect of Mayotte. Before the end of the transitional period, the Commission shall collect the information necessary to analyse the necessity of prolonging those transitional arrangements.

AddedArticle 33 – paragraph 1 a (new): 1a. By... [one year after the entry into force of this Directive], the Commission shall adopt guidelines for implementing the EPR scheme.

AddedAnnex 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 where feasible, not entailing excessive costs, notably regarding:

AddedAnnex I – Part B – point 5: 5. Authorisations for discharges from urban wastewater treatment plants using plastic biomedia shall include an obligation to inform competent authorities of the biomedia technologies, including the type and volume of plastic biomedia, and retention equipment installed and to permanently monitor and prevent all biomedia release in the environment. In the event of releases in the environment, operators shall be required to report the incident to competent authorities.

AddedAnnex I – Part C – point 1 – point e a (new): (ea) the non-domestic wastewater complies with the relevant maximum allowable concentrations set pursuant to Directive 2008/105/EC;

AddedAnnex I – Part D – paragraph 4: Requirements for tertiary treatment of discharges from urban wastewater treatment plants referred to in Article 7(1) and (3). For wastewater treatment plants referred to in Article 7(1), both parameters shall apply. For wastewater treatment plants referred to in Article 7(3), one or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply. Equivalent digital on-line sensor measurement may be used as an alternative for this purpose.

AddedAnnex I – Part D – paragraph 5: Note 1: Natural nitrogen retention may be taken into account in the calculation of the minimum percentage reduction, if the water can be proven to take more than two years to reach the catchment area sensitive to nitrogen and would contribute to the eutrophication of that area, and shall be reported to the Commission. The concentrations of nitrogen in the areas referred to in point (b) of condition (1) are compliant with the reference conditions set under Annex V.1.2.1 of Directive 2000/60/EC to define the good ecological status of those areas.

AddedAnnex I – Part D – paragraph 7: Note 1: The concentration of the organic substances referred to in points (a), (b) and (c) shall be measured.