Changes from adopted text to adopted text

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 26 – paragraph 4: deleted

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

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 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.

RemovedArticle 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.

RemovedArticle 32 – paragraph 4 a (new): 4a. Outermost regions may derogate from the provisions of Articles 6, 7 and 8 for discharges into coastal waters of urban wastewater from agglomerations of less than 150 000 p.e., and adopt an appropriate level of treatment, which is however not less stringent than primary treatment, if it is not technically feasible or it would involve excessive costs according to the cost-benefit ratio and scientific studies support such treatment. / For the purposes of the first subparagraph, the Member States comprising the outermost region shall submit to the Commission the studies referred to in the first subparagraph. / The scientific studies shall consider, in particular, the characteristics of the wastewater discharged into coastal waters as well as the receiving environment.

RemovedArticle 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.

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 where feasible, not entailing excessive costs, notably regarding:

RemovedAnnex 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.

RemovedAnnex 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;

RemovedAnnex 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.

RemovedAnnex 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.

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

RemovedAnnex I – Part D – paragraph 8: Note 2: The percentage of removal shall be calculated on dry weather flow for at least six substances in categories 1 and 2 and all substances in category 3. The number of substances in category 1 shall be twice the number of substances in category 2. If less than six substances can be measured in sufficient concentration, the competent authority shall designate other substances to calculate the minimum percentage of removal when it is necessary. The average of the percentages of removal of all substances used in the calculation shall be used in order to assess whether the required 80 % minimum percentage of removal has been reached.

RemovedAnnex I – Part D – point 2 – paragraph 1: Member States shall use time-based 24-hour samples which shall be collected at the same well-defined point in the outlet and, if necessary, in the inlet of the urban wastewater treatment plant . However, any time-based samples used to monitor micro-pollutants shall be 48-hour samples.

RemovedAnnex I – Part D – point b a (new): (ba) Category 3 (substances of high risk) / (i) Telmisartan (CAS No 144701-48-4) / (ii) Bisphenol A (CAS No 80-05-7) / (iii) Beta-estradiol (CAS No 50-28-2) / (iv) Perfluorooctane sulfonic acid (PFOS) (CAS No 1763-23-1)

RemovedAnnex I – Part D – point 6: 6. Analyses concerning discharges from lagooning shall be carried out on filtered samples; however, the concentration of total suspended solids in unfiltered water samples of such discharges shall not exceed 150 mg/l. Equivalent digital on-line sensor measurement may be used as an alternative for this purpose.

RemovedAnnex II – point 1: 1. Areas located in the catchments of the Baltic Sea, the Black Sea, the North Sea and the Adriatic Sea identified as sensitive to eutrophication under Directives 2008/56/EC or 2000/60/EC;

RemovedAnnex V – point 1 – point b a (new): (ba) a stress test assessment of the vulnerability of collecting systems and urban wastewater treatment plants based on climate change scenarios;

RemovedAnnex V – point 2 – point a – paragraph 1: a goal that storm water overflow, represents no more than approximately 1 % of the annual collected urban wastewater load calculated in dry weather conditions, taking into account the local needs of environmental protection, achievable by technically and economically proportionate means;

RemovedAnnex V – point 2 – point a – paragraph 1 a (new): Member States may provide that the goal referred to in the first subparagraph can alternatively be demonstrated based on a number of occurrences of storm water overflows (but not more than 20 cases per year) or a volume of discharged urban runoff (but not more than 15% of the yearly volume, based on modelling);

RemovedAnnex V – point 2 – point a – paragraph 1 b (new): A derogation to the obligation in paragraph 2 (a) at national level can be granted in case of the effective use of separate sewers as in Article 2 (9) (d) if that ensures the same level of environmental protection.

RemovedAnnex V – point 2 – point a – paragraph 2 – introductory part: Measures to achieve this goal shall be in place by:

RemovedAnnex V – point 2 – point a – paragraph 2 – point i: (i) 31 December 2030 for all agglomerations of 100 000 p.e. and above;

RemovedAnnex V – point 2 – point a – paragraph 2 – point ii: (ii) 31 December 2035 for agglomerations of 10 000 p.e. and above identified in accordance with paragraph 2 of Article 5;

RemovedAnnex V – point 3: 3. the measures to be taken to achieve the objectives referred to in point 2 and adaptation measures to climate change for the relevant infrastructures on the basis of the stress test assessment referred to in point (ba) of point 1 accompanied with a clear identification of the actors involved and their responsibilities in the implementation of the integrated plan.

RemovedAnnex V – point 4 – point a: (a) firstly, preventive measures aiming at avoiding the entry of unpolluted rain waters into collecting systems, including measures promoting natural water retention or rainwater harvesting, and measures increasing green and blue spaces limiting impermeable surfaces in the agglomerations;

RemovedAnnex V – point 4 – point c: (c) finally, where necessary to achieve the objectives referred to in point 2, additional mitigation measures including the adaptation of the infrastructure for the collection, storage and treatment of urban wastewater, such as connecting newly built urban areas to separate sewers, or the creation of new infrastructures with a priority to green and blue infrastructure such as green urban spaces, green roofs, vegetated ditches, treatment wetlands and storage ponds designed in order to support biodiversity. Water reuse shall be considered in the context of the development of the integrated urban wastewater management plans referred to in Article 5.

RemovedAnnex VI – point 1 a (new): (1a) The information in the following points shall be accessible on-line, and consumers may obtain access to that information by other means upon justified request.

RemovedAnnex VI – point 8 – point c: (c) the total direct and indirect greenhouse gas emissions (in tonnes of CO2 equivalent) emitted per year and source.

RemovedAnnex VI – point 10: (10) information on how to lodge a complaint and how to report non-compliant wastewater discharges to competent authorities and a summary of the nature and statistics regarding complaints and of the answers provided by the urban wastewater treatment plant operators on matters falling within the scope of this Directive.

RemovedAnnex VI – point 10 a (new): (10a) upon justified request, historical data, dating back at least 10 years, shall be accessible.