Council of theEuropean Union
Brussels, 1 March 2024
(OR. en)7108/24
Interinstitutional File:2022/0345(COD)
ENV 230
SAN 118
COMPET 241
CONSOM 84
AGRI 160
CODEC 622
OUTCOME OF PROCEEDINGS
From:
To:

General Secretariat of the Council
Delegations

No. prev. doc.:
No. Cion doc.:

6848/24 + COR 1 REV 1
14322/22 + ADD 1 - COM(2022) 541 final + Annex

Subject:

Proposal for a Directive of the European Parliament and of the Council
concerning urban wastewater treatment (recast)
Letter to the Chair of the European Parliament Committee on theEnvironment, Public Health and Food Safety (ENVI)

Following the Permanent Representatives Committee meeting of 1 March 2024 which endorsed thefinal compromise text, delegations are informed that the Presidency sent the attached letter, together
with the final text agreed in Coreper, to the Chair of the European Parliament Committee on theEnvironment, Public Health and Food Safety (ENVI).

_____________________

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2022/0345 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
concerning urban wastewater treatment (recast)(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union , and in particular Article
192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Having regard to the opinion of the Committee of the Regions2,
Acting in accordance with the ordinary legislative procedure,

1
2

OJ C […], […], p. […].
OJ C […], […], p. […].

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ENWhereas:
Council Directive 91/271/EEC3 has been substantially amended several times4. Since(1)further amendments are to be made, that Directive should be recast in the interests ofclarity.
(1a)Water is a primary good which belongs to everyone and is for everyone and which, as anatural resource that is essential, irreplaceable and indispensable to life, needs to beconsidered and integrated in its three dimensions: social, economic and environmental.

34Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment (OJ
L 135, 30.5.1991, p. 40).
See Annex VII, Part A.

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(2)

Directive 91/271/EEC sets the legal framework for the collection, treatment and dischargeof urban wastewater and the discharge of biodegradable wastewaters from certain
industrial sectors. Urban wastewaters can be formed by different mixtures of domestic
wastewaters, urban runoff and non-domestic wastewater from other origins. Wastewaterfrom institutions such as offices, schools, kitchens with food preparation, etc. which are
predominantly originated from the human metabolism, qualifies as domestic
wastewaters as well. The objective of Directive 91/271/EEC is to protect the environment
from being adversely affected by insufficiently treated urban wastewater discharges. It hascontributed to achieve the objectives established under Directive 2000/60/EC and otherrelevant legislation. This Directive should continue to pursue the same objective, whilst
also contributing to the protection of public health in accordance with the One Healthapproach aiming at sustainably balancing and optimizing the health of people, animals,
and ecosystems, when for instance urban wastewater is discharged in bathing waters or inwater bodies used for the abstraction of drinking water, or when urban wastewater is used
as an indicator for parameters relevant for public health. It should also ensure access tosanitation and to key information related to the governance of the urban wastewatercollection and treatment activities. The Directive should also aim at increasing synergies
with climate change adaptation and actions to restore urban ecosystems notably troughintegrated urban wastewater management planning, whilst making optimal use ofdigitalisation. Finally, this Directive should contribute to the progressive reduction ofgreenhouse gas (GHG) emissions from urban wastewater collection and treatment
activities, notably by further reducing nitrogen emissions but also by promoting energy
efficiency and production of renewable energies, and thus should contribute to the 2050
objective of Climate Neutrality established under Regulation (EU) 2021/1119 of theEuropean Parliament and of the Council5. In line with Article 193 of Treaty on the
Functioning of the European Union, Member States may go beyond the minimum
requirements set out in this Directive, for instance by applying more stringent deadlines
or thresholds than those included in this Directive, and/or by reaching energy and/or
climate neutrality more rapidly and/or by imposing additional requirements for or
broadening the spectrum of the application of their national Extended Producer
Responsibility systems.

5

Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021
establishing the framework for achieving climate neutrality and amending Regulations (EC)No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

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(3)

In 2019, the Commission performed an evaluation of Council Directive 91/271/EEC under
the Regulatory Fitness and Performance Programme6 (the ‘evaluation’). It became
apparent from that exercise that certain provisions of the Directive needed to be updated.
Three important sources of remaining load of pollution from urban wastewater that could
be avoided were identified, namely storm water overflows and polluted discharges ofurban runoff, potentially mal-functioning individual systems (i.e. systems treating domestic
wastewater that is not entering collecting systems) and small agglomerations that are
currently not completely covered by Directive 91/271/EEC. Those three sources ofpollution constitute a significant pressure on surface water bodies in the Union. Moreover,
the report of the evaluation also highlighted the need to improve the transparency andgovernance of the urban wastewater activities, to seize the opportunity offered by the urban
wastewater treatment sector to use its potential for renewable energy development andmake tangible steps towards energy neutrality as a contribution to climate neutrality and toharmonise urban wastewater surveillance of health parameters, such as the COVID-19
virus and its variants, as a support for public health action.

(4)

Small agglomerations constitute a significant pressure on 11 % of the surface water bodies
in the Union7. To better tackle the pollution from such agglomerations, and to prevent
discharges of untreated urban wastewater into the environment, the scope of this Directive
should include all agglomerations of 1 000 population equivalent (p.e.) and above.

6

7

Commission Staff Working Document, Executive Summary of the Evaluation of the Council
Directive 91/271/EEC of 21 May 1991, concerning urban wastewater treatment (SWD(2019)701 final).
EEA report, European waters: Assessment of status and pressures 2018, No 7/2018.

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(5)

In order to ensure effective treatment of urban wastewater before discharge into theenvironment, all urban wastewaters from agglomerations of 1 000 p.e. and above should becollected in centralised collecting systems, unless Member States justify a derogation for
the use of individual systems under this Directive. When delineating their
agglomerations, Member States should take into account the indicative reference
threshold of 10 to 25 p.e. per hectare above which the population, possibly combinedwith economic activities, located in a specific area are considered sufficiently
concentrated. Where collecting systems are already in place, Member States should ensurethat all sources of domestic wastewater are connected to them.

(5a)Significant investments will be necessary to implement the new requirements introducedby this recast Directive. It is therefore necessary to take account the specific situation ofeach Member States and, where necessary, adapt the deadlines for the implementation ofsome demanding requirements. For instance, Member States having a large number ofsmall agglomerations concerned by the new requirements of the Directive in terms ofcollection and treatment of urban wastewater for agglomerations between 1 000 and 2000 p.e., should be allowed to extend the deadlines for compliance with these newrequirements in their first national implementation plan. This should also be the case forMember States having a large number of facilities (above 50%) to be upgraded totertiary treatment in line with the new requirements of the revised Directive.
Agglomerations below 2 000 p.e. where collecting systems are already in place anddischarging urban wastewater into treatment plants located in a different agglomeration
should not be counted in the calculation of the percentage related to these timederogations. Moreover, a few Member States who acceded to the Union most recently
had to make more recent investments to implement the requirements of the previous
Directive. These Member States are marked in addition with high amounts of rural areas
with a high outflux of population from their rural areas in addition to an ageing rural
population. It is therefore necessary to take account the specific situation of Romania,
Bulgaria, and Croatia, by allowing them to extend the deadlines for compliance withthese new requirements in their first national implementation plan.

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(5b)

When archaeologically valuable sites are encountered during infrastructural works,
such as the building of collecting systems or urban wastewater treatment plants, theseworks are often delayed due to the need to perform archaeological studies on the site inaccordance to national law. Therefore, it makes sense to adapt the implementation
deadlines in these specific cases. More specifically, when Member States establish that
due to the necessity to preserve cultural heritage, the achievement of the required
infrastructure is particularly difficult, they should be allowed to adapt theimplementation deadlines in specific areas, and update accordingly their national
implementation programme. The extensions of the deadlines should be set for each area
and kept as short as possible, not exceeding 8 years. Cultural heritage should be
intended according to the definition in Article 1 of the 1972 UNESCO World Heritage
Convention.

(6)▌Where it can be demonstrated that the establishment of a centralised urban wastewatercollecting system or the connection to a collecting system would produce no benefit for
the environment or human health, or be technically not feasible or involve excessive
costs, and only in these cases, Member States should be allowed to use individual systems
to collect, store and/or treat urban wastewater, as long as they ensure the same level ofprotection of the environment and human health as secondary and tertiary treatment.
Individual systems can include different types of collection, storage and treatment
systems such as nature-based solutions, small-sized treatment systems, temporary tanks
combined with regular evacuation to treatment plants. Member States should also
exchange best practice on the use and operation of individual systems ▌.

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(6a)

For this purpose, Member States should establish national, regional or local registers to
identify individual systems and temporary storages used on their territory and take allnecessary measures to ensure that the design of such systems is adequate, that thesystems are properly maintained and that they are subject to a regular compliance
control on the basis of a risk-based approach. In particular, Member States should
ensure that individual systems used for the collection, storage and/or treatment of urban
wastewater are impervious and leak-proof, and that monitoring and inspection of thesystems are carried out at regular and fixed intervals. Taking into account thedisproportionate costs for adapting the design to the new design requirements, the newrequirements on design should not apply to systems established prior to the entry into
force of this Directive. Where individual systems are used to collect and/or treat morethan 2% of the urban wastewater load at national level from agglomerations of 2 000
p.e. and above, Member States should provide the Commission with justifications for thereasons for the use of individual systems instead of collecting systems, the level ofcompliance of those systems with established standards under this Directive andmeasures taken to reduce the use of such systems. The Commission should be
empowered to adopt implementing acts to establish the format of the reporting and thelevel of details of the information to be provided by national authorities.

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(7)

As a result of precipitation such as rain, snow or meltwater, storm water overflows andurban runoff, represent a sizeable remaining source of pollution discharged into theenvironment. Those emissions are expected to increase due to the combined effects ofurbanisation and progressive change of the rain regime linked with climate change. Urban
wastewater management infrastructures are therefore particularly vulnerable to climatechange. Solutions to reduce that source of pollution should be defined at local level taking
into account the specific local conditions. They should be based on an integrated
quantitative and qualitative water management in urban areas. Therefore, Member Statesshould ensure that integrated urban wastewater management plans are established at local
level for all agglomerations of 100 000 p.e. and above as those agglomerations are
responsible for a significant share of the pollution emitted. Furthermore, integrated urban
wastewater management plans should also be put in place for agglomeration of between 10000 p.e. and 100 000 p.e. where storm water overflows or urban runoff poses a risk for theenvironment or public health. In these plans, measures should be set out that aim atlimiting the pollution from storm water overflows to no more than 2% of the annual
collected urban wastewater load calculated in dry weather flow conditions calculated on
the basis of the pollutants in Table 1 and 2 in Annex I.

(7a)

These plans should include measures to reduce the pollution from storm water overflows
and also address the potentially significant pollution coming from separately collectedurban runoff, for instance the pollution coming from first rains after long dry periods indensely populated areas. These plans should also include measures to prevent pollution
at source and favour nature-based solutions over those that would require theestablishment of grey infrastructure. These measures could include preventive
temporary measures aimed at avoiding the entry of unpolluted rain waters into collecting
systems or temporary storage, including natural water retention, and appropriate
treatment of these heavy loaded first rains. Member States are encouraged to increase
green and blue spaces in urban areas and should take into account the Urban Greening
platform which provides guidance and knowledge to support towns and cities. In order toensure an adequate coverage of the integrated urban wastewater management plans anda comprehensive solution to storm water problems, those plans should be established fordrainage areas of the concerned agglomerations.

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(8)

In order to ensure that the integrated urban wastewater management plans are costeffective, it is important that they are based on best practices in advanced urban areas.
Therefore, the measures to be considered should be based on a thorough analysis of thelocal conditions and should favour a preventive approach aiming at limiting the collectionof unpolluted rain waters and optimising the use of existing infrastructures to generateenergy savings and contribute to emission reduction. With a preference for ‘green’ and‘blue’ developments and investments, new grey infrastructures should only be envisaged
where absolutely necessary. In order to protect the environment, in particular the coastal
and marine environment, and public health, including the protection of surface, groundand drinking water, from being adversely affected by the discharge of insufficiently
treated urban wastewater, secondary treatment should be applied to all discharges of urban
wastewater from agglomerations of 1 000 p.e. and above.

(8a)

In order to protect the environment, in particular the coastal and marine environment,
and public health from being adversely affected by the discharge of insufficiently treatedurban wastewater, secondary treatment should be applied to all discharges of urban
wastewater from agglomerations of 1000 p.e. and above. Due to the expansion of thescope of the Directive including smaller agglomerations, Member States should be given
sufficient time to establish the required infrastructures to meet these obligations.
Similarly, enough time should be given to Member States to adapt their treatment
infrastructures for agglomerations discharging their wastewaters into coastal waters, or‘less sensitive areas’ where secondary treatment was not required under Council
Directive 91/271/EEC.

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(8b)

Discharges to high mountain areas (above 1 500 m altitude), and small agglomerations
below 2 000 p.e. in cold climate areas with an annual average temperature below 6
degrees where it is difficult to apply an effective biological treatment because of low
temperatures should be allowed to use less stringent treatment than secondary treatment,
provided that detailed studies demonstrate that such discharges do not have adverse
effects on the environment and human health. Similarly, discharges into deep marine
waters from smaller agglomerations of less than 150 000 p.e. located in less populated
outermost regions, with less than 275 000 inhabitants characterised by difficult
topography, such as steep slopes and discharging their urban wastewaters into deep
marine waters in the open ocean, favouring a high level of dilution of these urban
wastewater discharges into the receiving waters, should also benefit from thisderogation. Nevertheless, in order to ensure an equal treatment of all Member Statesand in order to ensure a high level of protection of the environment and human healthon the whole territory of the European Union, this derogation should be limited to 20
years – which is the time required to progressively upgrade the remaining facilities tosecondary treatment in these areas where secondary treatment might be more difficult toapply. These derogations should be granted provided that detailed studies demonstratethat such discharges do not have adverse effects on the environment and human healthand do not impact the compliance of the receiving waters with other relevant European
legislation such as the Bathing Water Directive, the Water Framework Directive or the
Marine Strategy Framework Directive.

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(9)

The evaluation showed that significant reductions of nitrogen and phosphorus emissions
were achieved through the implementation of Directive 91/271/EEC. Nevertheless, urban
wastewater treatment plants remain, according to the evaluation, an important pathway of
those pollutants into the environment, directly leading to eutrophication of water bodies
and seas in the Union. Part of this pollution can be avoided as technological progress andbest practices in place show that emission limit values established under Directive
91/271/EEC for nitrogen and phosphorus are outdated and should be strengthened,
especially for larger treatment plants. Tertiary treatment should be systematically
imposed to all urban wastewater treatment plants 150 000 p.e. and above, as such plants
represent an important remaining source of nitrogen and phosphorus discharge.

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(10)

Tertiary treatment should also be mandatory in agglomerations of 10 000 p.e. and abovethat are discharging in areas subject to, or at risk of, eutrophication. In order to ensure thatefforts to limit eutrophication are coordinated at the level of the relevant basins for thewhole catchment zone, and to ensure a consistent designation of sensitive areas acrossthe European Union, areas where eutrophication is considered an issue according tocurrently available data should be listed in this Directive. Additionally, to ensure coherence
between relevant Union legislation, Member States should identify other areas subject to,
or at risk of, eutrophication on their territory, and identify whether the areas are nitrogenor phosphorus- sensitive notably on the basis of data collected under Directive
2000/60/EC of the European Parliament and of the Council8, Directive 2008/56/EC of theEuropean Parliament and of the Council9 and Council Directive 91/676/EEC10. The
reinforcement of the limit values, a more coherent and inclusive identification of the areas
sensitive to eutrophication and the obligation to ensure tertiary treatment for all large
facilities will, in combination, contribute to limit eutrophication. Since this will require
additional investments on the national level, Member States should be given sufficient timeto establish the required infrastructure.

8

9

10

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the field of water policy (OJ L 327,
22.12.2000, p. 1).
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008
establishing a framework for community action in the field of marine environmental policy(Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).

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Recent scientific knowledge underpinning several Commission strategies11 highlights the(11)need to take action to address the issue of micropollutants, which are now detected usuallyin all waters in the Union. Some of those micropollutants are hazardous for public healthand the environment even in low concentrations, of micrograms per litre or below. Whilst
the primary, secondary and tertiary treatment already remove some micropollutants, anadditional treatment, i.e. quaternary treatment, should be introduced in order to ensure thata large spectrum of the remaining micropollutants are removed from urban wastewater.
Quaternary treatment should first focus on organic micropollutants, which represent asignificant part of the pollution and for which removal technologies are already designed.
The treatment should be imposed based on the precautionary principle combined with arisk-based approach. Therefore, all urban wastewater treatment plants of 150 000 p.e. andabove should provide quaternary treatment, as those facilities represent a significant shareof micropollutant discharges in the environment and the removal of micropollutants byurban wastewater treatment plants at such scale is cost-effective For these treatment
plants of 150 000 p.e. and above, Member States should ensure a prioritisation of therequired investments so that the facilities where the risks for human health and theenvironment are the highest are equipped without delays. For agglomerations of ▌10 000
p.e. and above, Member States should be required to apply quaternary treatment to areas

11

Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions: A European Strategy for
Plastics in a Circular Economy (COM/2018/028 final); Communication from the Commission
to the European Parliament, the Council and the European Economic and Social Committee,
European Union Strategic Approach to Pharmaceuticals in the Environment (COM(2019) 128
final); Communication from the Commission to the European Parliament, the Council, theEuropean Economic and Social Committee and the Committee of the Regions, Chemicals
Strategy for Sustainability Towards a Toxic-Free Environment (COM(2020) 667 final);
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy
Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil'(COM/2021/400 final).

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identified as sensitive to pollution with micropollutants based on clear criteria, whichshould be specified. Such areas should include locations where treated urban wastewater
discharge to water bodies result in low dilution ratios, or where the receiving water bodies
are used for the production of drinking water, for shellfish production or as bathingwaters. Member States should have the possibility not to apply quaternary treatment inthese areas when a risk assessment shows that there is no potential danger frommicropollutants to human health and/or the environment. For all other types of water
bodies in agglomerations of ▌ 10 000 p.e. and above, Member States should assess therisks that the discharge of micropollutants in urban wastewater poses on the environmentor to public health on the basis of a standardised risk assessment and apply quaternary
treatment only where needed according to the results of the risk assessment. Where there
are several urban wastewater treatment plants in an agglomeration of above 10.000 p.e.
identified as sensitive to pollution with micropollutants, only those discharging into thearea at risk should be required to apply quaternary treatment. In order to give Member
States enough time to plan and deliver the necessary infrastructures, the requirement ofquaternary treatment should progressively apply until 2045 with clear interim objectives.
(12)

In order to ensure the continued compliance of discharges from wastewater treatment
plants with the requirements for secondary, tertiary and quaternary treatment, samples
should be taken in accordance with the requirements of this Directive and those samples
should comply with the parametric values that it sets out. In order to take into accountpossible technical variations in the results from those samples, a maximum number ofsamples failing to conform to those parametric values should be laid down.

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(13)

The quaternary treatment necessary to remove micropollutants from urban wastewater will
imply additional costs, such as costs related to monitoring and new advanced equipment to
be installed in certain urban wastewater treatment plants. In order to cover these additionalcosts and in accordance with the polluter-pays principle expressed in Article 191(2) of theTreaty on the Functioning of the European Union (TFEU), it is essential that the producers
placing on the Union market products containing substances which, at the end of their life,
are found as micropollutants in urban wastewaters (‘micropollutant substances’) takeresponsibility for the additional treatment required to remove those substances, generated
in the context of their professional activities. A system of extended producer responsibility
is the most appropriate means to achieve this, as it would limit the financial impact on the
taxpayer and water tariff, while providing an incentive to develop greener products. In thiscontext, the extended producer responsibility should apply regardless of whether the
products are placed on the market, or whether their individual components were
manufactured in a Member State or third country, or whether the producers have aregistered office in the European Union or the product is placed on the market via a
digital platform. Pharmaceuticals and cosmetic residues currently represent the main
sources of micropollutants found in urban wastewater requiring an additional treatment(quaternary treatment). Therefore, extended producer responsibility should apply to those
two product groups. Based on the results of the urban wastewater monitoring and themost recent scientific data, the Commission should regularly evaluate whether otherindustrial sectors should be included in the Extended Producer Responsibility system.

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(13a)

According to the available data, the potential increase of costs of the products or the
potential reduction of the profit margins of the industries placing the products on theUnion market due to the application of the extended producer responsibility would be
marginal at EU level and would not endanger the affordability, availability andaccessibility to these products on the EU market. Member States should however take
into consideration the possible impacts of the application of the requirements of the
Extended Producer Responsibility on the accessibility, availability and affordability of
products at national level, in particular medicines, placed on the Union market and thelevel playing field. Member States can take action to ensure sufficient funds areavailable, including by financing part of the costs for the quaternary treatment. Given
that Member States might choose different implementation approaches, attention shouldbe paid to the functioning of the internal market and in any forthcoming evaluation of
the Directive the Commission should assess any potential impacts in this regard.

(14)

Exonerations from the extended producer responsibility obligations should nevertheless be
possible. This should be the case where the total amount of substances contained in
products ▌placed on the Union market by a producer amount to small quantities, i.e. lessthan 1 tonne per year, since the additional administrative burden for the producer would insuch cases be disproportionate compared to the environmental benefits. Exonerations
should also be possible for the part of their products for which the producer candemonstrate that no micropollutants are generated at the end of life of a product or where
it can be proven that the residues from a product are rapidly biodegradable in thewastewaters and the environment or not reaching the urban wastewater treatment plants.
The Commission should be empowered to adopt implementing acts to establish detailed
criteria to identify the products placed on the Union market that do not generate
micropollutants in wastewaters at the end of their life, their hazardousness and theirbiodegradability. When developing these criteria, the Commission should take into
account criteria already set in Regulation No 1272/2008 on classification, labelling andpackaging of substances and mixtures, but also scientific or other available technicalinformation, including relevant international standards. These criteria should beestablished before the Extended Producer Responsibility systems enter into force.

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(15)

In order to avoid possible internal market distortions, minimum requirements for the
implementation of the extended producer responsibility should be established in thisDirective, while the practical organisation of the system should be decided at national
level. In order to favour the substitution of substances and products generating
micropollutants residues in urban wastewater, the contributions of the producers should
be proportionate to the quantities of the products they place on the market and thehazardousness of their residues. The contributions should cover, but not exceed, theinvestment and operational costs for the monitoring activities for micropollutants, thecollection, reporting and impartial verification of statistics on the quantities andhazardousness of products placed on the Member States market, and the application of thequaternary treatment to urban wastewater in an efficient manner. These contributions
should also cover operational costs of already established quaternary treatment at theentry into force of the Directive when it is necessary to meet the obligations of theextended producer responsibility systems. It should also cover part of the investment
costs of these established quaternary treatments taking into account the depreciation of
the investments and the deadlines of the financing obligations established in thisDirective. Since urban wastewater is treated collectively, it is appropriate to introduce arequirement for producers to join a centralised organisation which can implement their
obligations under the extended producer responsibility on their behalf.

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(16)

The evaluation has also shown that the wastewater treatment sector offers the opportunity
to significantly reduce its own energy consumption and to produce renewable energy, forexample by better use of the available surfaces in urban wastewater treatment plants forsolar energy production or by producing biogas from sludge as well as by heat or kinetic
energy or other renewable energy sources. The evaluation also illustrated that, without
clear legal obligations, only partial progress can be expected in this sector. In this context,
Member States should be required to ensure that the total annual energy used by all urban
wastewater treatment plants on their national territory treating a load of 10 000 p.e. andabove does not exceed the production of energy from renewable sources as defined in
Article 2(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council12,by those urban wastewater treatment plants. In order to take into account the specificitiesof each urban wastewater treatment plant, optimise the investments needed and provide
for the required flexibility to reach the energy neutrality objective, while ensuring thatthe potential for renewable energy production and for energy savings is fully seized, that
objective should be met at national level and not for each treatment plant. All renewableenergies produced by the urban wastewater treatment plants operators or their owners,
whether on-site or off-site, such as hydraulic, solar, thermal, wind energy or biogas,
should be taken into account. That objective should be progressively met with interim
targets by 31 December 2045. A limited amount of non-fossil energy, not directly linked
to urban wastewater treatment activities, may be purchased from external sources in
2040 and 2045, through the use of a derogation linked to conditions. Reaching thisenergy neutrality target will contribute to notably reduce the avoidable greenhouse gas(GHG) emissions from the sector ▌, while supporting the achievement of the 2050 climate
neutrality objectives and related national and Union objectives, ▌such as the objectives set
out in Regulation (EU) 2018/842 of the European Parliament and of the Council13.

12

13

Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December
2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p.
82).
Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on
binding annual greenhouse gas emission reductions by Member States from 2021 to 2030
contributing to climate action to meet commitments under the Paris Agreement and amending
Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).

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However, initiatives to achieve energy neutrality should not lead to an increased
emission of methane and nitrous oxide. In line with Directive (EU) 2018/2001, Member
States should facilitate permit granting procedures for renewable energy projects
required to reach energy neutrality of this sector. Encouraging EU-based biogas or solar
energy production while enhancing energy efficiency measures in line with the Energy
Efficiency First principle14 and making an optimal use of digitalisation, which means
taking utmost account of cost-efficient energy efficiency measures in shaping energy
policy and making relevant investment decisions, will also help reduce the Union energy
dependence, one of the objectives expressed in the Commission "Repower EU" Plan15. It isalso in line with Directive (EU) 2018/844 of the European Parliament and of the Council16
and with Directive (EU) 2018/2001 in which urban wastewater treatment sites are qualified
as ‘go-to' areas for renewables, meaning a location designated as particularly suitable forthe installation of plants for the production of energy from renewable sources. In order toreach the objective of energy neutrality via optimal measures for each urban wastewater
treatment plant and for the collection system, Member States should ensure that energy
audits, as defined in Directive (EU) 2023/179117, are carried out every four years. Those
audits should also include an identification of the potential for reduction of energy
consumption, cost-effective recovery and use of waste heat, either onsite or via a district
energy system, or cost-effective use or production of renewable energy following thecriteria set out in Annex VI to Directive 2012/27/EU. The generation of renewable energy
by or on behalf of the owners or operators of the urban wastewater treatment plantshould not comprise the purchase of renewable energy.

14

15

16

17

Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency
First: from principles to practice — Guidelines and examples for its implementation indecision-making in the energy sector and beyond.
Communication from the Commission to the European Parliament, the European Council, theCouncil, the European Economic and Social Committee and the Committee of the Regions:
REPowerEU Plan (COM/2022/230 final).
Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018
amending Directive 2010/31/EU on the energy performance of buildings and Directive
2012/27/EU on energy efficiency ( OJ L 156, 19.6.2018, p. 75–91OJ L 328, 21.12.2018, p.
210) ▌
Directive 2012/27/EU(EU) 2023/1791 of the European Parliament and of the Council of 25
October 201213 September 2023 on energy efficiency, amending Directives 2009/125/EC
and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315,14.11.2012, p. 1). and amending Regulation (EU) 2023/955 (recast).

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(16a)

Since achievements in methane emission reduction bring more effective greenhouse gas
reductions than carbon dioxide emission reductions proportionately, and due to thewastewater sector being identified as one of the main emitting sectors for methane
emissions, the wastewater sector should monitor and aim to reduce methane emissions
as outlined in the Global Methane Pledge, similar to the Methane Emissions Reductionin the Energy Sector Regulation, to ensure the wastewater sector’s contribution towards
the achievement of the climate neutrality target by 2050 at the latest, as set out in theEuropean Climate Law.

(17)

Since the transboundary nature of water pollution requires cooperation between
neighbouring Member States or third countries in addressing such pollution and identifying
measures to tackle its source, Member States should be required to inform each other or thethird country if significant water pollution originating from urban wastewater discharges in
one Member State or third country impacts or is likely to impact the water quality of
another Member State or third country. Such information should be immediate in case ofincidental pollution significantly affecting downstream water bodies and responses should
be communicated in a timely manner. Where Member States have previous agreements
between them or with third countries on environmental water issues, cooperation
through these agreements may be taken into account. The Commission should be
informed and, if necessary, participate in meetings at the request of Member States. It isalso important to tackle the transboundary pollution from third countries sharing the samewater bodies with some of the Member States. For the purpose of dealing with pollution
coming or arriving in third countries, the cooperation and coordination with third countries
may be carried out in the framework of the United Nations Economic Commission for
Europe (UNECE) Water Convention18 or other relevant regional Conventions such as theRegional Seas or Rivers Conventions.

18

UNECE Convention on the Protection and Use of Transboundary Watercourses andInternational Lakes as amended, along with decision VI/3 clarifying the accession procedure.

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(18)

In order to ensure the protection of the environment and human health, Member Statesshould ensure that the collecting systems and urban wastewater treatment plants built tocomply with the requirements of this Directive are designed, constructed, operated, andmaintained to ensure sufficient performance under all normal local climatic conditions. As
urban wastewater infrastructure has been recognised as critical entities under Directive
2022/2557 on the resilience of critical entities, Member States should also ensure thaturban wastewater treatment plants and collecting systems are assessed as regards theirvulnerability to extreme events occurring due to climate change when they are being
designed, constructed, and operated.

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(19)

Urban wastewater treatment plants also receive non-domestic wastewater, including
industrial wastewater, which can contain a range of pollutants not explicitly covered by
Directive 91/271/EEC, such as heavy metals, microplastics, micropollutants and otherchemicals, including per- and polyfluoroalkyl substances (PFAS). This non-domestic
wastewater may come from industries, or commercial establishments, or hospitals andother medical facilities, etc. In most instances, there is a poor understanding andknowledge of such pollution which could deteriorate the functioning of the treatment
process and contribute to the pollution of the receiving waters, but also prevent therecovery of sludge and the reuse of treated wastewater. Member States should therefore
regularly monitor and report on such non-domestic pollution that enters the urban
wastewater treatment plants and is discharged into water bodies. To prevent pollution from
non-domestic wastewater discharges at source, releases from industries or enterprises
connected to collecting systems should be subject to prior regulations and/or specificauthorisation by the competent authority or appropriate body. In order to ensure thatcollecting systems and urban wastewater treatment plants are technically capable ofreceiving and treating the incoming pollution, the operators who manage urban wastewater
treatment plants receiving non-domestic wastewater should be consulted and informed
before those permits are issued or the regulations are adopted, and should be able toconsult, on request, the issued permits in order to be able to adapt their treatment
processes. Where non-domestic pollution is identified in the incoming waters, Member
States should take appropriate measures to reduce pollution at source, by enhancing themonitoring of pollutants in collecting systems so that the pollution sources can be
identified and, where necessary, by reviewing the authorisations provided to relevant,connected urban wastewater treatment plants. ▌7108/24
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(19a)

The water resources of the Union are increasingly under pressure, resulting inpermanent or temporary water scarcity in some areas of the Union. The Union’s ability
to respond to the increasing pressures on water resources could be improved through awider reuse of treated urban wastewater, limiting freshwater abstraction from surface
and groundwater bodies. Therefore, the reuse of treated urban wastewater should be
encouraged and applied whenever appropriate, especially in water-stressed areas, andfor all appropriate purposes, whilst ensuring minimum ecological flow of the receiving
waters and taking into account the need to ensure that the objectives of good ecologicaland chemical status of the receiving bodies, as defined in Directive 2000/60/EC, are met.
To achieve this, Member States should carry out monitoring of the impact of the reuse oftreated urban wastewater on minimum ecological flow of receiving waters in theirassessment of impacts carried out under Directive 2000/60/EC. The potential for thereuse of treated wastewater should be assessed taking into account the river basin
management plans established under the Water Framework Directive 2000/60/EC andMember States’ decisions under article 2, paragraph 2 of Regulation 2020/741, whilst
taking into account the need to ensure that the objectives of good ecological andchemical status of the receiving bodies, as defined in Directive 2000/60/EC, are met. The
reinforcement of the requirements for the treatment of urban wastewater, and theactions to better monitor, track and reduce pollution at source, will have impacts on thequality of treated urban wastewater, and will therefore support water reuse. Where waterreuse serves the purpose of agricultural irrigation, it should be carried out in accordancewith Regulation (EU) 2020/741 of the European Parliament and of the Council1. Where
appropriate to ensure the safe reuse of treated urban wastewater, Member States should
consider quaternary treatment for the urban wastewater that is reused or will be reused.
Measures on promoting the reuse of treated wastewater and on the actual reuse should
be considered in strategies on water resilience at Member States level, when suchstrategies are available.

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(19b)The nutrients contained in urban wastewaters may be useful in cases where treatedurban wastewaters is reused in agriculture in accordance with Regulation (EU)2020/741. In those cases, Member States may benefit, under specific conditions toensure the highest level of protection of the environment and human health, from aderogation to the obligation to apply tertiary treatment in accordance with Article 7 ofthis Directive only for the part of the treated urban wastewater that is reused inagriculture.

(20)

In order to ensure a proper implementation of this Directive and notably the respect of theemission limit values, it is important to monitor discharges of treated urban wastewater
into the environment. The monitoring should be done through the establishment at national
level of ▌ mandatory prior regulation and/or prior authorisation system in order todischarge the treated urban wastewater into the environment. In addition, in order toprevent unintentional discharges of biomedia in the environment from urban wastewater
treatment plants using this technique, it is essential to include in the dischargeauthorisations specific obligations to continuously monitor and prevent such discharges.
Such biomedia are usually made of plastic and might include inter alia biocarriers,
biobeads or polystyrene beads.

(20a)

Where necessary, Member States should adapt their urban wastewater collection andtreatment infrastructures to the evolution of their population and the associated load ofdomestic wastewater in order to remain compliant with the requirements of thisDirective. The possible impact of discharges on water bodies resulting from theconstruction and adaptation of such infrastructures should not be considered as abreach of their obligations under Directive 2000/60/EC provided that all the conditions
laid down under this Directive are fulfilled.

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(21)

In order to ensure the protection of the environment, direct discharges of biodegradable
non-domestic wastewater into the environment from certain industrial sectors should be
subject to prior authorisation on national level and appropriate requirements. Thoserequirements should ensure that direct discharges from certain industrial sectors are subject
to secondary, tertiary and quaternary treatment as necessary for the protection of humanhealth and the environment, and that, in the final analysis, the parameters set for treatedwastewaters are respected or the same level of environmental protection is ensured.

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(22)

According to Article 168(1) TFEU, Union action complements national policies and is tobe directed towards improving public health and preventing diseases. In order to ensure
optimal use of relevant public health data from urban wastewaters, urban wastewater
surveillance should be set up and used for preventive or early warning purposes, forinstance in the detection of specific viruses in urban wastewater as a signal of theemergence of epidemics or pandemics. Member States should establish a ▌ dialogue andcoordination between competent authorities responsible for public health and competentauthorities responsible for urban wastewater management. In the context of thatcoordination, clear allocation of the roles and responsibilities and costs among thosecompetent authorities should be determined. Member States should develop a list ofparameters relevant for public health to be monitored in urban wastewaters ▌ as well as thefrequency and location of the sampling taking into account the recommendations of theEuropean Center of Disease Prevention and Control (ECDC), by the Health Emergency
Preparedness and Response Authority (HERA) and the World Health Organisation(WHO) among others and consider the following health parameters for inclusion in sucha list: SARS-CoV-2 and its variants, poliovirus, influenza virus, emerging pathogens andany other public health parameters that may be considered relevant. Based on
information gathered during the COVID-19 pandemic and experience gained from theimplementation of the Commission Recommendation on a common approach to establish asystematic surveillance of SARS-CoV-2 and its variants in wastewaters in the EU2 (the‘recommendation’), in case of a health emergency, Member States should required tomonitor relevant health parameters in urban wastewater. In order to ensure that
harmonised methods are used, Member States should, to the extent possible, use sampling
and analysis methods set out in the recommendation for the monitoring of SARS-CoV-2
and its variants.

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(23)

The Union recognises the importance of tackling the issue of antimicrobial resistance(AMR) and adopted in 2017 the European One Health Action Plan against AMR20.
According to the World Health Organisation (WHO), wastewater is recognised anddocumented as major sources of antimicrobial agents and their metabolites, as well as
antimicrobial-resistant bacteria and their genes. In order to increase the knowledge on themain sources of AMR, it is necessary to introduce a monitoring obligation for the presenceof AMR in urban wastewaters to further develop our scientific knowledge and potentiallytake adequate action in the future.

(23a)This Directive acknowledges the 'One Health' approach, as recognised by the World
Health Organization, to be an integrated and unifying approach that aims to sustainably
balance and optimise the health of people, animals and ecosystems. The 'One Health'approach recognises that the health of humans, domestic and wild animals, plants, andthe wider environment, including ecosystems, are closely interlinked and interdependent.

(24)

In order to protect the environment and human health, Member States should identify therisks caused by urban wastewaters management. A broad chemical screening including
chemical mixtures, and/or biological effect-based methods, to identify substances thatcause concern including for aquatic life, drinking or bathing water quality can be partof the risk assessment. On the basis of that identification, and where necessary to comply
with the requirements of the Union water legislation, Member States should take more
stringent measures for the urban wastewater collection and treatment than the measuresrequired to comply with the minimum requirements set out in this Directive. In line with
Article 191(2) of the Treaty on the Functioning of the European Union and in addition
to the measures provided for or taken in accordance with Article 11(3) of Directive
2000/60/EC, Member States should promote in priority control at source to prevent
pollution from urban wastewater of receiving water bodies. In particular, Member Statesshould take preventive measures to limit the possibilities that intentionally andunintentionally released micro-plastics reach urban wastewater and sludge.

20

Communication from the Commission to the Council and the European Parliament: A
European One Health Action Plan against Antimicrobial Resistance (AMR) (COM/2017/0339
final).

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(24a)

Depending on the situation, those more stringent measures can include, inter alia, theestablishment of collecting systems, the development of integrated urban wastewater
management plans or the application of secondary, tertiary or quaternary treatment tourban wastewater for agglomerations or urban wastewater treatment plants that do notreach the p.e. thresholds triggering the application of the standard requirements. They
can also include more advanced treatment than the treatment necessary to respect theminimum requirements or disinfection of treated urban wastewaters necessary to comply
with Directive 2006/7/EC of the European Parliament and of the Council19.

19

Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006
concerning the management of bathing water quality and repealing Directive 76/160/EEC(OJ L 64, 4.3.2006, p. 37).

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(25)

Sustainable Development Goal 6 and the associated target requiring Member States to‘achieve access to adequate and equitable sanitation and hygiene for all and end open
defecation, paying special attention to the needs of women and girls and those invulnerable situations’ by 203021. Sanitation facilities should allow the safe managementand disposal of human urine, faeces and menstrual blood and changing of menstrual
products. Furthermore, Principle 20 of the European Pillar of Social Rights22 states thateveryone has the right to access essential services of good quality, including water andsanitation. Against that background, and in accordance with the recommendations in the
WHO Guidelines for Sanitation and Health23 and the provisions of the Protocol on Waterand Health24 Member States should tackle the issue of access to sanitation at national level.
That should be done through actions ensuring access to sanitation for all, for example bysetting up sanitation facilities in public spaces, as well as by encouraging the availability of
appropriate sanitation facilities in public administrations and public buildings free ofcharge or making them affordable to all, including all kind of facilities and services, suchas flush and dry toilets. They should be safely managed, which implies that they should beaccessible to all where appropriate at all times, including for people with particular needs,
such as children, older persons, persons with disabilities and homeless people, that theyshould be placed in a location that ensures maximum safety of users, and that they shouldbe hygienically and technically safe to use. Such facilities should also be sufficient in
number to ensure that the needs of people are met and waiting times are not unreasonably
long. The sufficient number of sanitation facilities in public spaces should be decided at
appropriate level, taking into account the principle of subsidiarity.

21
22

23
24

Resolution adopted by the United Nations General Assembly on 25 September 2015
(A/70/L.1)
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions Establishing a European
Pillar of Social Rights (COM/2017/0250 final).
WHO Guidelines on Sanitation and Health, 2018.
Protocol on Water and Health to the 1992 Convention on the Protection and Use of
Transboundary Watercourses and International Lakes, 17 June 1999.

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(26)

The specific situation of minority cultures, such as Roma and Travellers, whether settled ornot, and in particular their lack of access to sanitation, was acknowledged in theCommunication from the Commission of 7 October 2020 ‘A Union of Equality: EU Romastrategic framework for equality, inclusion and participation’, which calls for increasing
effective equal access to essential services. Overall, it is appropriate that Member States
pay particular attention to vulnerable groups or groups that are marginalised due tofactors related to their socio-economic situation, ethnicity, sexuality, gender, disability,
homelessness, legal status, religious conviction or other reasons by taking the necessary
measures to ensure access to sanitation for those groups. It is important that theidentification of those groups is coherent with Article 16(1) of Directive (EU) 2020/2184of the European Parliament and of the Council25. Measures to improve access to sanitation
by vulnerable and marginalised groups might include providing sanitation facilities inpublic and private spaces for free or for a low service fee as well as in public
administration buildings, improving or maintaining the connection to adequate systems tocollect urban wastewater, and raising awareness of the nearest sanitation facilities.
According to the EU Human Rights Guidelines on Safe Drinking Water and Sanitation26,(27)

particular attention should be given to the needs of women and girls, as they areparticularly at risk and exposed to attacks, sexual and gender-based violence, harassmentand other threats to their safety when accessing sanitation facilities outside their homes.
This is in line with the Council Conclusions on Water Diplomacy27, which reaffirm theimportance of integrating a gender perspective into water diplomacy. Therefore, Member
States should pay particular attention to women and girls as being a vulnerable group andshould take the necessary measures to improve or maintain a safe access to sanitation for
them.

25
26
27

Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December
2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1).
EU Human Rights Guidelines on Safe Drinking Water and Sanitation (10145/19).
Council Conclusions on Water Diplomacy (13991/18).

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(28)

The evaluation concluded that sludge management could be improved to better align itwith the principles of the circular economy and of the waste hierarchy as defined in Article
4 of Directive 2008/98/EC. The actions to better monitor and reduce pollution at sourcefrom non-domestic discharges will help improving the quality of the sludge produced andensure its safe use in agriculture. In order to ensure a proper and safe recovery of nutrients,
including the critical substance phosphorus, from the sludge, a minimum combined reuse
and recycling rate should be defined at Union level giving Member States the flexibility tochoose whether to reuse and/or to recycle the urban wastewater and/or sludge to recoverphosphorus. This combined minimum reuse and recycling rate should take into accountthe phosphorus contents in sludge which can vary from one area to another. It should
also take into account the level of saturation of each national market, e.g. theavailability other sources of phosphorus from organic sources, for instance fromlivestock farming, and the possibilities of its absorption. Member States should be
encouraged to monitor micro-pollutants in sludge, particularly where there is a risk ofaccumulation of micro-pollutants in sludge, and when it is reused in agriculture toincrease the knowledge on its presence and to protect human health and theenvironment. The proper and safe recovery of nutrients and their reuse in agriculture
should be encouraged to support the resilience and sustainability of the agricultural
sector and contribute to the strategic autonomy of the EU fertiliser industry. In that
context Member States should, while taking into account national and local valorisation
options, take measures to encourage the production and purchasing of recovered
nutrients from urban wastewater and sludge. When re-using sludge in agriculture
particular attention should be paid to micro-plastics. In that sense micro-plastics should
be systematically monitored when sludge is reused in agriculture. This information isindispensable for the safe management of sludge in agriculture and any possible review
of relevant EU policy.

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(29)

Adequate monitoring is necessary to verify compliance with the new requirements
concerning micropollutants, non-domestic pollution, energy neutrality, ▌, storm water
overflows and urban runoff. Monitoring should be supported, where technically feasible
and appropriate, through the use of digital tools. In particular for the operational
management of collecting systems and urban wastewater treatment plants use of digital
tools should be systematically considered. To verify the compliance of the quaternary
treatment concerning the reduction of micropollutants in urban wastewater discharges, it issufficient to monitor a limited set of representative micropollutants. The monitoring
frequencies should be built on the current best practices, as currently practiced in
Switzerland. To remain cost-effective, those obligations should be adapted to the size ofthe urban wastewater treatment plants and of the agglomerations. The monitoring will also
contribute to provide data for the overall Environmental Monitoring Framework as set up
under the 8th Environmental Action Programme28, and more specifically feed the Zero
Pollution Monitoring Framework underpinning it29.

(29a)

Microplastics and relevant micropollutants should be monitored, where relevant, instorm water overflow discharges and in discharges of urban runoff from separate
systems with a representative sampling programme allowing for concentration
estimation in view of water quality modelling. GHG emissions should be monitored,
where relevant, supported by calculations and modelling.

28
29

Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a
General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
▌ Communication from the Commission to the European Parliament, the Council, theEuropean Economic and Social Committee and the Committee of the Regions, Pathway to a
Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil'(COM/2021/400 final).

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(29b)

To ensure the protection of the environment and that adequate action is taken under any
risk assessment to be carried out for the implementation of this Directive as well as forthe implementation of other Union legislation, Member States should monitor a broad
spectrum of pollutants at the inlets and outlets of the urban wastewater treatment plants.
To avoid unnecessary burden, only pollutants that can be expected to be found in urban
wastewater should be monitored taking into account the high variety of pollutants which
could reach urban wastewater treatment plants, including from non-domestic
wastewater sources. Member States should have the possibility to reduce the monitoring
frequency if pollutants are not found in subsequent sampling campaigns. Morespecifically recent data shows that PFAS are found in urban wastewater, sometimes athigh concentrations. The most recent scientific evidence shows that PFAS is a concern
to public health and the environment due to their persistence. It is therefore essential tobetter understand the pathways of PFAS into the environment and to monitor them in
the inlet and outlet of the urban wastewater treatment plants. This monitoring should
start in the first instance where the discharges reach catchment areas used for theabstraction of drinking water, due to high risks of being exposed to PFAS and theirimpact on health.

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(30)

In order to reduce administrative burden and better use the possibilities offered bydigitalisation, the reporting on the implementation of the Directive should be improved andsimplified by removing the obligation for Member States to report every two years to theCommission and for the Commission to publish bi-yearly reports. It should be replaced bya requirement for Member States to improve, with the support of the European
Environment Agency (EEA), the existing national standardised data sets established underDirective 91/271/EEC, and to regularly update them. These data sets will be used by theCommission to verify compliance with this Directive. The reporting model would be
developed by the EEA in collaboration with Member States. Access to the national
databases should be provided to the Commission and the EEA. In order to ensure complete
information on the application of this Directive, the data sets should include information oncompliance of urban wastewater treatment plants with the treatment requirements(pass/fail, loads and concentration of pollutants discharged), on the level of achievement of
the objectives of energy neutrality, on GHG emissions of the treatment plants above 10000 p.e. and on measures taken by the Member States in the context of storm water
overflows/ urban runoff, access to sanitation and treatment by individual systems.
Moreover, full coherence with Regulation (EC) 166/2006 of the European Parliament andof the Council30 should be ensured to optimise the use of the data, as well as to support fulltransparency. The information collected through this data set should support a
comparison and an exchange of best practices at Union level of performance of urban
wastewater treatment plants. The administrative burden of providing information anddata to the public should at all times respect the principle of proportionality.

30

Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January
2006 concerning the establishment of a European Pollutant Release and Transfer Register andamending Council Directives 91/689/EEC and 96/61/EC (Text with EEA relevance) OJ L 33,
4.2.2006, p. 1–17.

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(31)

The implementation of the Directive is financed through water tariffs and publicbudgets, including European funding. In the future, the Extended Producer
Responsibility should ensure that the costs of the quaternary treatment are at least
partially borne by the concerned industries and complemented by other types offinancing. In the past, the implementation of the Directive was also substantially
supported by the Union’s Cohesion Policy and programmes under Horizon 2020 and
LIFE. In order to ensure a timely and proper implementation of this Directive, it isessential that Member States establish a national implementation programme including
long-term programming of the required investments accompanied with a financing
strategy. Those national programmes should be reported to the Commission. To limit
administrative burden, that requirement should not apply to Member States in which morethan 95 % of the agglomerations are compliant with Articles 3 to 8. To continue theadequate implementation of the Directive, the Commission should consider the national
implementation programmes reported by Member States for the preparation of the next
multiannual financial framework post 2027 and those following thereafter and theMember States should put in place the required system of producer responsibility
without delay.

(32)

The urban wastewater collection and treatment sector is specific, operating as a captive
market, with public and small enterprises being connected to the collecting system without
having the possibility to choose their operators. It is therefore important to ensure publicaccess to operators’ key performance indicators, such as the level of treatment achieved,
the costs of treatment, the energy used and produced, and the related GHG emissions andcarbon footprint. In order to make the public more aware of the implications of urban
wastewater treatment, key information on the annual wastewater collection and treatment
costs for each household should be provided, at least in agglomerations above 10 000 p.e.,
and preferably above 1 000 p.e., in an easily accessible manner, for instance on theinvoices, while other detailed information should be accessible in a user-friendly format
online, on a website of the operator or the competent authority.

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Directive 2003/4/EC of the European Parliament and of the Council31 guarantees the right(33)

of access to environmental information in the Member States in line with the 1998 Aarhus
Convention on Access to Information, Public Participation in Decision-Making and Accessto Justice in Environmental Matters (the ‘Aarhus Convention’). The Aarhus Convention
encompasses broad obligations related both to making environmental information available
upon request and actively disseminating such information. It is important that theprovisions of this Directive related to access to information and data-sharing arrangementscomplement that Directive, by establishing the obligation to make available to the public
online information on the collection and treatment of urban wastewater in a user-friendly
manner, without creating a separate legal regime.
(34)

The effectiveness of this Directive and its aim of protecting public health in the context of
the Union’s environment policy require that natural or legal persons, or where appropriate
their duly constituted organisations, be able to rely on it in legal proceedings and that thenational courts be able to take this Directive into consideration as an element of Union law
in order, inter alia, to review decisions of a national authority where appropriate. In
addition, according to settled case law of the Court of Justice, under the principle ofsincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), it isfor the courts of the Member States to ensure judicial protection of a person’s rights under
Union law. Furthermore, Article 19(1) TEU requires Member States to provide remedies
sufficient to ensure effective judicial protection in the fields covered by Union law. Thisshould be done according to national rules, without depriving the provision oncompensation of its practical effect. In addition, in accordance with the Aarhus
Convention, members of the public concerned should have access to justice in order tocontribute to the protection of the right to live in an environment which is adequate for
personal health and well-being.

31

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on
public access to environmental information and repealing Council Directive 90/313/EEC (OJ
L 41, 14.2.2003, p. 26–32).

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(35)

To adapt this Directive to scientific and technical progress, the power to adopt acts inaccordance with Article 290 TFEU should be delegated to the Commission in respect ofamending certain parts of the Annexes with regard to the adaptation of monitoring to stateof the art methods for monitoring, also with a view of making optimal use of digital tools
and taking into account the relevant methods used in other relevant Union legislation,and evaluation of results for the requirements for the secondary, tertiary and quaternary
treatment, and the requirements for specific authorisations for discharges of non-domestic
wastewater into collecting systems and urban wastewater treatment plants and in respect of
supplementing this Directive by specifying minimum combined reuse and recycling rate
for phosphorus from sludge and from urban wastewater taking into account available
technologies and resources as well as the economic viability for phosphorous recovery. It
is of particular importance that the Commission carries out appropriate consultations
during its preparatory work, including at expert level, and that those consultations be
conducted in accordance with the principles laid down in the Interinstitutional Agreement
on Better Law-Making. In particular, to ensure equal participation in the preparation ofdelegated acts, the European Parliament and the Council receive all documents at the sametime as Member States’ experts, and their experts systematically have access to meetingsof Commission expert groups dealing with the preparation of delegated acts.

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(36)

In order to ensure uniform conditions for the implementation of this Directive,
implementing powers should be conferred on the Commission for the adoption ofstandards for the design of individual systems, for the adoption of monitoring andassessment methods for the indicators of the quaternary treatment and the objectives
regarding energy neutrality, for the establishment of common conditions and criteria forthe application of the exoneration for certain products from extended producer
responsibility, for establishing methodologies to support the development of integrated
urban wastewater management plans, for the development of alternative indicators toload-based indicative objective of pollution reduction based for instance on volume,
number of occurrence of sewer overflows, volume of the discharged urban runoff, orother relevant alternative indicators, and for establishing methodologies to measure
antimicrobial resistance, direct and indirect greenhouse gas emissions and microplastics
in urban wastewater and sludge, for the establishment of a minimum list of relevant
pollutants likely to be found in urban wastewaters including a methodology for
identifying relevant pollutants likely to be found and criteria for revising the exclusionof some pollutants to be monitored, for the establishment of a harmonised methodology
for measuring ‘PFAS Total’ and ‘Sum of PFAS’ in urban wastewater and for the
adoption of the format of, and modalities for, presenting the information to be provided by
Member States and compiled by the EEA on the implementation of this Directive. Those
powers should be exercised in accordance with Regulation (EU) No 182/2011 of theEuropean Parliament and of the Council32.

(37)

Member States should lay down rules on penalties applicable to infringements of national
provisions adopted pursuant to this Directive and should take all measures necessary toensure that they are implemented. The penalties should be effective, proportionate anddissuasive, and should, as applicable, take into account the financial situation of thenatural or legal person held responsible.

32

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February
2011 laying down the rules and general principles concerning mechanisms for control by
Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.
13).

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Pursuant to the Interinstitutional Agreement on Better Law-Making33, the Commission(38)

should carry out an evaluation of this Directive within a certain period of time from thedate set for its transposition. That evaluation should be based on experience gained anddata collected during the implementation of this Directive, on any available WHO
recommendations, and on relevant scientific, analytical, and epidemiological data. In theevaluation, particular attention should be given to an analysis of the adequacy of the
public health parameters used in urban wastewater surveillance, an analysis of theadded values of a mandatory monitoring of public health parameters, an analysis of thepossible necessity to adapt the list of products to be covered by extended producer
responsibility schemes including the conditions for exonerations, an analysis of thepossible impacts on the functioning of the internal market of the potentially different
contribution rates for producers set by Member States, an analysis of the feasibility andappropriateness of the development of an Extended Producer Responsibility system forproducts generating Per- and Polyfluoroalkyl Substances (PFAS) and microplastics, ananalysis of the added value and the appropriateness of requiring mandatory national
water reuse plans including national targets and measures, evaluate the objective ofenergy neutrality in order to analyse the technical and economic feasibility andenvironmental and climate benefits to achieve a higher energy autonomy of the sector,
an evaluation of the possibilities for measuring direct and indirect greenhouse gas
emissions emitted from the urban wastewater sector, an evaluation of the possibility andthe time required to reach climate neutrality of the urban wastewater treatment sector, theopportunity and feasibility to set Union minimum reuse and recycling rates for nitrogenfrom sludge and/or from urban wastewater.

33

Interinstitutional Agreement between the European Parliament, the Council of the European
Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).

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(39)

Directive 91/271/EEC provides for specific deadlines for Mayotte due to its inclusion in2014 as an outermost region within the meaning of Article 349 of the Treaty on the
Functioning of the European Union. Therefore, the application of the obligations toestablish collecting systems and apply secondary treatment to urban wastewater fromagglomeration of 2 000 p.e. and above should be deferred with respect to Mayotte.

(39a)

It is appropriate to consider the specific situation of Mayotte and the other Union’soutermost regions, as listed in Article 349 of the TFEU, which provides for specificmeasures to support those regions. In terms of urban wastewater treatment of these
territories, special attention should be given to the difficult topography and insularity.

(40)

In order to ensure the continuity of the protection of the environment, it is important that
Member States maintain at least the current level of tertiary treatment until the newrequirements for the reduction of phosphorus and nitrogen become applicable. Therefore,
Article 5 of Council Directive 91/271/EC should continue to apply until those newrequirements become applicable.

(41)

Since the objectives of this Directive, namely to protect the environment and public health,to progress towards climate neutrality of urban wastewater collection and treatment
activities, to improve access to sanitation and to ensure a regular surveillance of parameters
relevant to public health, cannot be sufficiently achieved by the Member States but canrather, by reason of the scale and effects of the action, be better achieved at Union level,
the Union may adopt measures, in accordance with the principle of subsidiarity as set out
in Article 5 TEU. In accordance with the principle of proportionality as set out in that
Article, this Directive does not go beyond what is necessary in order to achieve thoseobjectives.

(42)

The obligation to transpose this Directive into national law should be confined to those
provisions which represent a substantive amendment as compared to the earlier Directive.
The obligation to transpose the provisions which are unchanged arises under the earlier
Directive.

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(43)

This Directive should be without prejudice to the obligations of the Member States relating
to the time-limits for the transposition into national law of the Directives set out in Annex
VII, Part B,

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HAVE ADOPTED THIS DIRECTIVE:

Article 1
Subject matter
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater ▌, toprotect the environment and human health, in line with the One Health approach, while
progressively reducing greenhouse gas emissions to sustainable levels, improving the energybalance of urban wastewater collection and treatment activities and contributing to the transition
towards a circular economy. It also lays down rules on access to sanitation for all, on transparencyof the urban wastewater sector, on the regular surveillance of public health relevant parameters inurban wastewaters and on the implementation of the polluter-pay principle.

Article 2▌Definitions
For the purpose of this Directive ▌, the following definitions apply ▌:(1)7108/24
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the mixture of domestic wastewater and non-domestic wastewater;(c)the mixture of domestic wastewater and urban runoff;(d)the mixture of domestic wastewater, non-domestic wastewater and urban runoff;

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(2)

‘domestic wastewater’ means wastewater from residential settlements, services andinstitutions which originates predominantly from the human metabolism and/or fromhousehold activities;(3)‘non-domestic wastewater ▌’ means wastewater, other than domestic wastewater andurban runoff, which is discharged ▌ from premises used forthe exercise of a trade ▌▌or industrial or economical activities;(4)'agglomeration' means an area where the population (expressed in population equivalent),
combined or not with economic activities is sufficiently concentrated for urban
wastewater to be collected and conducted to one or more urban wastewater treatment
plants and/or to one or more final discharge points;(5)‘urban runoff’ means precipitation from agglomerations collected by combined or separate
sewers;(6)‘storm water overflow’ means discharge of untreated urban wastewater into receiving
waters from combined sewers caused by precipitation or system failures;(7)‘collecting system’ means a system of conduits which collects and conducts urban
wastewater;(8)‘combined sewer’ means a single conduit that collects and conducts urban wastewater
including urban runoff;

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(9)

‘separate sewer’ means a conduit that separately collects and conducts either of thefollowing:

(10)

(a)

domestic wastewater;(b)

non-domestic wastewater;(c)a mixture of domestic and non-domestic wastewater;(d)urban runoff;‘1 population equivalent’ or ‘(1 p.e.)’ means the organic biodegradable load per day ▌having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day;(10a)‘primary treatment’ means treatment of urban wastewater by a physical and/or chemical
process involving settlement of suspended solids, or other processes in which the BOD5of the incoming wastewater is reduced by at least 20% before discharge and the totalsuspended solids of the incoming wastewater are reduced by at least 50%;

(11)‘secondary treatment’ means treatment of urban wastewater by a process generally
involving biological treatment with a secondary settlement or another process which
reduces biodegradable organic matter from urban wastewater;(12)'tertiary treatment' means treatment of urban wastewater by a process which reduces
nitrogen and/or phosphorus from urban wastewaters;(13)‘quaternary treatment’ means treatment of urban wastewater by a process which reduces abroad spectrum of micropollutants from urban wastewaters;(14)‘sludge’ means organic and inorganic residue resulting from the treatment of urban
wastewater from an urban wastewater treatment plant (excluding grit, grease, otherdebris and any other screenings and residues from the pre-treatment step);

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(15)

‘eutrophication’ means the enrichment of water by nutrients, especially compounds ofnitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms ofplant life to produce an undesirable disturbance to the balance of organisms present in thewater and to the quality of the water concerned;(16)‘micro-pollutant’ means a substance as defined in Article 3(1) of Regulation (EC)No 1907/2006, including its breakdown products, that is usually present in the aquatic
environment, urban wastewater and/or sludge and which can be considered hazardous tohuman health or the environment based on the relevant criteria set out in Part 3 and Part 4of Annex I to Regulation EC 1272/2008 even in low concentrations34;(17)‘dilution ratio’ means the ratio of the last five years average of annual flow of thereceiving waters at the point of discharge to the last five years average of the annual
discharge volume of urban wastewater into surface waters;(18)‘producer’ means any manufacturer, importer or distributor that on a professional basis
places products on the market of a Member State, including by means of distance contracts
as defined in Article 2(7) of Directive 2011/83/EU means;(19)'Producer Responsibility Organisation’ means a nationally recognised organisation
established to enable producers to fulfil their obligations under Articles 9 and 10;(20)‘sanitation’ means facilities and services for the safe, hygienic, secure, and socially andculturally acceptable management and disposal of human urine and faeces, and for thechanging and disposal of menstrual products, that provide privacy and ensures dignity;

34

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).

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(21)

‘antimicrobial resistance’ means the ability of micro-organisms to survive or to grow in thepresence of a concentration of an antimicrobial agent which is usually sufficient to inhibitor kill micro-organisms of the same species;(21a)“One Health” means One Health as defined in Article 3, point (7) of Regulation (EU)2022/2371 of the European Parliament and the Council;(22)‘public concerned’ means the public affected or likely to be affected by, or having aninterest in, the taking of a decision for the implementation of the obligations laid down in
Articles 6, 7 or 8 of this Directive; for the purposes of this definition, non-governmentalorganisations promoting the protection of human health or the environment and meeting
any requirements under national law shall be deemed to have an interest;(23)‘ ▌ biomedia’ means any support, usually made of plastic, used for the development of
the bacteria needed for the treatment of urban wastewaters;(24)‘placing on the market’ means the first making available of a product on the market of a
Member State;▌(25)‘load’ means the amount of organic biodegradable matter measured as BOD5 in urban
wastewater, expressed in p.e., or any pollutant or nutrient, expressed in mass unit per
time;

(26)

‘individual system’ means a sanitation facility that collects, stores, treats and/or disposesof domestic wastewater, from buildings or parts of buildings not connected to a urban
wastewater collecting system.

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Article 3▌Collecting systems and calculation of the load expressed in p.e.
1.

Member States shall ensure that all agglomerations of 2 000 p.e. and above comply withthe following requirements:

2.

(a)

they are provided with collecting systems;(b)

all their sources of domestic wastewater are connected to the collecting system.

▌ Member States shall ensure that agglomerations between 1 000 and 2 000 p.e. comply
with the requirements of paragraph 1 by 31 December 2035.
▌▌
Member States may derogate from the deadline referred to in this paragraph for a
maximum period of:(i)

8 years when on [OP please insert the date=day of entry into force of the Directive]- less than 50 % of these agglomerations are provided with collecting systems; or- less than 50% of the urban wastewater load of these agglomerations is collectedin collecting systems;

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(ii)

10 years when on [OP please insert the date=day of entry into force of the
Directive],- less than 25 % of these agglomerations are provided with collecting systems; or- less than 25 % of the urban wastewater load of these agglomerations is collectedin collecting systems.

Croatia, Bulgaria and Romania may derogate from the deadline referred to in thisparagraph for a maximum period of:(i)

12 years when on [OP please insert the date=day of entry into force of the
Directive],- less than 50 % of these agglomerations are provided with collecting systems; or- less than 50% of the urban wastewater load of these agglomerations is collectedin collecting systems.

(ii)

14 years when on [OP please insert the date=day of entry into force of the
Directive],- less than 25 % of these agglomerations are provided with collecting systems; or- less than 25 % of the urban wastewater load of these agglomerations is collectedin collecting systems.

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ENWhen Member States derogate from the deadline referred to in this paragraph, theyshall ensure that their first national implementation programme referred to in article 23
includes:(i)the number of agglomerations between 1 000 and 2 000 p.e. that lack complete
collecting system [OP please insert the date=day of entry into force of the
Directive]; and(ii)

a plan detailing the necessary investments to reach full compliance for these
agglomerations within the extended deadlines; and(iii)

the technical or economic reasons justifying the extension of the deadlines
referred to in this paragraph.

The extensions of the deadline referred to in this paragraph shall be effective only if theconditions of the first subparagraph are fulfilled. The Commission shall notify theMember States if these conditions are not fulfilled by [OP please insert the date = thelast day of the sixth month after the deadline referred to in Article 23(2)].
3.

The load of an agglomeration expressed in p.e. shall be calculated on the basis of the
maximum average weekly load generated in that agglomeration during the year,
excluding unusual weather situations such as those due to heavy rain.

4.

Collecting systems shall fulfil the requirements of Part A of Annex I.

▌

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Article 4
Individual systems
1.

Member States may derogate from Article 3 only if the establishment of a collecting
system or the connection to a collecting system is not justified either because it would
produce no environmental or human health benefit, or it is not technically feasible, or
because it would involve excessive cost. If derogating from Article 3, Member States shallensure that individual systems for the collection, storage and/or when applicable,
treatment of urban wastewaters are used in agglomerations of 1 000 p.e. and above, orpart of these agglomerations.

2.

Member States shall ensure that the individual systems referred to in paragraph 1 aredesigned, operated and maintained in a manner that achieves the same level of humanhealth and environmental protection as the secondary and tertiary treatments referred toin Articles 6 and 7.

3.

Member States shall ensure that individual systems that are used in agglomerations of1000 p.e. and above are registered in a registry and that regular inspections or other meansof regular checks or control of those systems, on the basis of a risk-based approach, arecarried out by the competent authority or other body authorised at national, regional or
local level.

4.

The Commission is empowered to adopt implementing acts to ensure uniform applicationof this Directive by specifying minimum requirements for:(a)the design, operation, and maintenance of individual systems referred to inparagraphs 1 and 2 and;(b)the regular inspections referred to in paragraph 3, including the establishment ofa minimum frequency of such inspections depending on the type of individual
systems, and based on a risk-based approach.

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Those implementing acts shall be adopted by [OP please insert the date = 36 months
from the entry into force of this Directive] in accordance with the examination
procedure referred to in Article 28(2).
The requirements related to design referred to in paragraphs 2 and 4 shall not apply toindividual systems referred to in paragraph 1 which were established before the date ofentry into force of this Directive.
5.

Member States that use individual systems to collect and/or treat more than 2 % of theurban wastewater load at national level from agglomerations of 2 000 p.e. and above shallprovide the Commission with a justification for the use of individual systems ▌. That
justification shall:(a)demonstrate that the conditions for using individual systems set out in paragraph 1
are fulfilled;(b)describe the measures taken in accordance with paragraph 2 and 3;(c)demonstrate compliance with the minimum requirements referred to in paragraph 4
where the Commission has exercised its implementing power under that paragraph.

(ca) demonstrate that the use of the individual system does not prevent Member States
to comply with the environmental objectives established in Article 4 of Directive
2000/60/EC.
6.

The Commission is empowered to adopt implementing acts establishing the format for
submitting the information referred to in paragraph 5. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 28(2).

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Article 5
Integrated urban wastewater management plans
1.

By 31 December 2033, Member States shall ensure that an integrated urban wastewater
management plan is established for drainage areas of agglomerations of 100 000 p.e. andabove.

2.

At the latest six months after the next update of the River Basin Management Plan madepursuant to Article 13(7) of Directive 2000/60/EC following the adoption of thisDirective or by 22 June 2028, Member States shall establish a list of agglomerations of
between 10 000 p.e. and 100 000 p.e. where, considering historic data, modelling andstate-of-the-art climate projections, including seasonal variations, as well as the pressuresand the assessment of impacts undertaken under the River Basin Management Plan, one
or more of the following conditions apply:(a)storm water overflow ▌ poses a risk to the environment or human health;(b)storm water overflow represents more than 2% of the annual collected urban
wastewater load of the parameters referred to in Table 1 and, where relevant, Table
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(c)

storm water overflow ▌ prevents the fulfilment of any of the following:(i)the requirements established under Article 5 of Directive (EU) 2020/2184;(ii)

the requirements set out in Article 5(3) of Directive 2006/7/EC of the European
Parliament and of the Council35;(iii) the requirements set out in Article 3 of Directive 2008/105/EC of the European
Parliament and of the Council36;(iv) the environmental objectives set out in Article 4 of Directive 2000/60/EC.
(v)

the requirements set out in Article 1 of Directive 2008/56/EC of theEuropean Parliament and of the Council.

(vi) the requirements established under Article 3 of Directive 2006/118/EC37.
(d)relevant points in separate sewers have been identified where urban runoff is
expected to be polluted in such a way that its discharge into receiving waters canbe considered as a risk to the environment or human health or prevents thefulfilment of any of the Directives referred to in point (c).

Member States shall review the list referred to in the first subparagraph every six years
after its establishment and update it where necessary.

35

36

37

Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006
concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ
L 64, 4.3.2006, p. 37).
Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008
on environmental quality standards in the field of water policy, amending and subsequently
repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC,
86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of theCouncil (OJ L 348, 24.12.2008, p. 84).
Directive 2006/118/EC of the European Parliament and of the Council of 12 December
2006 on the protection of groundwater against pollution and deterioration.

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3.

By 31 December 2039, Member States shall ensure that an integrated urban wastewater
management plan is established for drainage areas of agglomerations referred to inparagraph 2.

4.

Integrated urban wastewater management plans shall be made available to the Commission
on request.

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.

6.

The Commission is empowered to adopt implementing acts to ensure uniform applicationof this Article by specifying:(a)▌methodologies for the identification of the measures referred to in point 3 ofAnnex V;(b)▌methodologies for the determination of alternative indicators to verify whether theindicative objective of pollution reduction referred to in point 2 (a) of Annex V isachieved;(c)▌the format by which integrated urban wastewater management plans are to be madeavailable to the Commission where requested in accordance with paragraph 4.

Those implementing acts shall be adopted [by OP please insert the date = 36 months fromthe entry into force of this Directive] in accordance with the examination procedurereferred to in Article 28(2).

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7.

Member States shall ensure that integrated urban wastewater management plans arereviewed at least every six years after their establishment and updated where necessary.
Following an update of the list referred to in paragraph 2, Member States shall ensurethat integrated management plans are established for agglomerations within six years of
their inclusion in that list.

Article 6
Secondary treatment
1.

Member States shall ensure that discharges from urban wastewater treatment plants
serving agglomerations of 2 000 p.e. and above meet the relevant requirements forsecondary treatment set out in Part B and Table 1 of Annex I in accordance with themethods for monitoring and evaluation of results laid down in Part D of Annex I before
discharge into receiving waters. Without prejudice to the possibility of using alternative
methods as referred to in paragraph 1, part D of Annex I, the maximum permitted
number of samples which fail to conform to the parametric values of table 1 of Part B of
Annex I is set out in table 4 of Part D of Annex I.
For agglomerations of between 2 000 p.e. and 10 000 p.e. which are discharging into
coastal waters as defined under Directive 2000/60/EC and which apply appropriate
treatment in accordance with Article 7 of Council Directive 91/271/EEC on [OP please
insert the date = the date of entry into force of this Directive], the obligation set out in thefirst paragraph shall not apply until [OP please insert the date = last day of the twelfth
year after the entry into force of this Directive].

▌1b.

For agglomerations discharging into less sensitive areas as referred to in Article 6(1) of
Council Directive 91/271/EEC on [OP please insert the date = date if entry into force of
this Directive], the obligations set out in the first paragraph shall apply on [OP please
insert the date = last day of the twelfth year after the entry into force of this Directive].

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2.

Member States shall ensure that discharges from urban wastewater treatment plants
serving agglomerations of between 1 000 p.e. and 2 000 p.e., by 31 December 2035 meetthe relevant requirements for secondary treatment set out in Part B and Table 1 ofAnnex I in accordance with the methods for monitoring and evaluation of results laid
down in Part D of Annex I before discharge into receiving waters. Without prejudice tothe possibility of using alternative methods as referred to in paragraph 1, part D of
Annex I, the maximum permitted number of samples which fail to conform to theparametric values of table 1 of Part B of Annex I is set out in table 4 of Part D of
Annex I.
Member States may derogate from the deadline referred to in this paragraph for a
maximum period of:(i)

8 years when on [OP please insert the date=day of entry into force of the
Directive]:- in less than 50 % of these agglomerations their discharges are not subject tosecondary treatment on their territory, in accordance with Part B and Table 1of Annex I; or- less than 50% of the urban wastewater load of these agglomerations is subject
to secondary treatment on their territory, in accordance with Part B and Table
1 of Annex I.

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(ii)

10 years when on [OP please insert the date=day of entry into force of the
Directive]:-in less than 25 % of these agglomerations their discharges are not subject tosecondary treatment on their territory, in accordance with Part B and Table 1of Annex I; or-in less than 25 % of the urban wastewater load of these agglomerations issubject to secondary treatment on their territory, in accordance with Part B
and Table 1 of Annex I.

Croatia, Bulgaria and Romania may derogate from the deadline referred to in thisparagraph for a maximum period of:(i)

12 years when on [OP please insert the date=day of entry into force of the
Directive],- in less than 50 % of these agglomerations their discharges are not subject tosecondary treatment on their territory, in accordance with Part B and Table 1of Annex I; or- less than 50% of the urban wastewater load of these agglomerations is subject
to secondary treatment on their territory, in accordance with Part B and Table
1 of Annex I.

(ii)

14 years when on [OP please insert the date=day of entry into force of the
Directive]- in less than 25 % of these agglomerations their discharges are not subject tosecondary treatment on their territory, in accordance with Part B and Table 1of Annex I; or- in less than 25 % of the urban wastewater load of these agglomerations issubject to secondary treatment on their territory, in accordance with Part B
and Table 1 of Annex I.

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When Member States derogate from the deadlines referred to in this paragraph, theyshall ensure that their first national implementation programme referred to in article 23
includes:(i)the number of agglomerations between 1 000 and 2 000 p.e. that lack secondary
treatment [OP please insert the date=day of entry into force of the Directive]; and(ii)

a plan detailing the necessary investments to reach full compliance for these
agglomerations within the extended deadlines; and(iii) the technical or economic reasons justifying the extension of the deadlines referred
to in this paragraph.
The extensions of the deadlines referred to in this paragraph shall be effective only if theconditions of the first subparagraph are fulfilled. The Commission shall notify theMember States if these conditions are not fulfilled by [OP please insert the date = thelast day of the sixth month after the deadline referred to in Article 23(2)].
3.

Urban wastewater discharges may be subject to treatment less stringent than thatprescribed in paragraphs 1 and 2 until [OP please insert the date = last day of thetwentieth year after the entry into force of the Directive] where they are discharged into:(a)waters situated in high mountain regions (over 1500 m above sea level) where it isdifficult to apply an effective biological treatment due to low temperatures or;(b)

deep marine waters when it concerns a discharge of wastewater fromagglomerations of less than 150 000 p.e. in less populated outermost regions in themeaning of Article 349 TFEU where the topography and geography of the territory
makes it difficult to apply an effective biological treatment or;(c)waters from small agglomerations between 1 000 and 2 000 p.e. situated in regionswith a cold climate where it is difficult to apply an effective biological treatment
due to low temperatures if the average quarterly water temperature of the inlet isbelow 6◦C.

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The conditions to apply the first subparagraph are that Member States concerned
provides the Commission with detailed studies demonstrating that such discharges do
not adversely affect the environment and human health and they do not prevent thereceiving waters to meet the relevant quality objectives and the relevant provisions ofother relevant Union legislation.
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.

Article 7▌Tertiary treatment1.

By 31 December 2033, Member States shall ensure that discharges from 30 % of urban
wastewater treatment plants treating a load of 150 000 p.e. and above and not applying
tertiary treatment on [OP please insert the date = the date of entry into force of thisDirective] meet the relevant requirements for tertiary treatment in accordance with Part B
and Table 2 of Annex I before discharge into receiving waters.
By 31 December 2036, Member States shall ensure that discharges from 70 % of urban
wastewater treatment plants treating a load of 150 000 p.e. and above and not applying
tertiary treatment on [OP please insert the date = the date of entry into force of thisDirective] meet the relevant requirements for tertiary treatment in accordance with Part
B and Table 2 of Annex I before discharge into receiving waters.
By 31 December 2039, Member States shall ensure that all urban wastewater treatment
plants treating a load of 150 000 p.e. and above meet the relevant requirements for tertiary
treatment in Part B and Table 2 of Annex I before discharge into receiving waters.

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2.

By 31 December 2027, Member States shall establish and publish a list of areas on theirterritory 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 six years starting on 31 December 2033.
The list referred to in the first subparagraph shall include the areas identified in Annex II.
The requirement set out in the first subparagraph shall not apply where a Member State
implements tertiary treatment in accordance with paragraph 3b in its entire territory.
▌3.

▌ Member States shall ensure that discharges from agglomerations of 10 000 p.e. andabove meet the relevant requirements for tertiary treatment set out in Part B and Table 2of Annex I before discharge into areas included in a list referred to in paragraph 2 by:(a)

31 December 2033 for 20% of these agglomerations;(aa) 31 December 2036 for 40% of these agglomerations;

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31 December 2039 for 60% of these agglomerations;(c)

31 December 2045 for all of these agglomerations.

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3a.

Member States may derogate from the deadline referred to in point (c) of paragraph 3
for a maximum of eight years on the conditions that:(i)at least 50 % of the concerned agglomerations are not applying tertiary treatment
according to the requirements set out in Council Directive 91/271/EEC or do notmeet the requirements of Table 2 as referred to in Annex I of this Directive on [OPplease insert the date = day of entry into force of the Directive]; and(ii)

the first national implementation programme submitted under Article 23(2)includes:-the number of agglomerations referred to in paragraph 3 lacking tertiary
treatment according to the requirements set out in Council Directive
91/271/EEC or not meeting the requirements of Table 2 as referred to in
Annex I of this Directive on [OP please insert the date=day of entry into
force of the Directive]; and-a plan detailing the necessary investments to reach full compliance for these
agglomerations within the extended deadline; and - the technical or
economic reasons justifying the extension of the deadline referred to in point(c) of paragraph 3.

The extensions of the deadlines referred to in this paragraph shall be effective only
if the conditions of the first subparagraph are fulfilled. The Commission shallnotify the Member States if these conditions are not fulfilled by [OP please insert
the date = the last day of the sixth month after the deadline referred to in Article
23(2)]. However, urban wastewater treatment plants treating a load of 150 000 p.e.
and above shall still meet the deadlines set in paragraph 1.

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3b.

Discharges of urban wastewater referred to in paragraphs 1 and 3 shall meet therelevant requirements in Part B and Table 2 of Annex I in accordance with the methods
for monitoring and evaluation of results laid down in Part D of Annex I. The annual
mean of the samples for each parameter referred to in table 2 of Annex I shall be
conform to the relevant parametric values set out in that table.

3c.

For urban wastewater treatment plants that are in construction, under major
refurbishment of their tertiary treatment or were commissioned after 31 December 2020and before the date of entry into force of this Directive, the requirements relating to thenitrogen parameter set out in this Article shall apply at the latest five years later from thedeadlines established in paragraphs 1 and 3.

▌

▌

4.

The Commission is empowered to adopt delegated acts in what concerns tertiary
treatment in accordance with the procedure referred to in Article 27 to amend Part D of
Annex I in order to adapt the ▌ methods for monitoring and evaluation of results totechnological and scientific progress.

5.

By way of derogation from paragraphs 3 and 3b , Member States may decide that anindividual urban wastewater treatment plant situated in an area included in a list referred toin paragraph 2 shall not be subject to the requirements set out in paragraphs 3 and 3b
where it can be shown that the minimum percentage of reduction of the overall load
entering all urban wastewater treatment plants in that area is ▌ :(-a) At least 75 % for total phosphorus and at least 75 % for total nitrogen from thedate of entry into force of this Directive.

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87,5 % for total phosphorus and 82,5% for total nitrogen by 31 December 2045.

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6.

Discharges from urban ▌ wastewater treatment plants of 10 000 p.e. and above into acatchment area of an area sensitive to eutrophication included in a list referred to inparagraph 2 shall also be subject to paragraphs 3, 3b and 5.

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 following one of theregular updates of the list required by that paragraph fulfil the requirements laid down inparagraphs 3 and 3b within seven years of the inclusion in that list ▌ .

7a.

Where the number of urban wastewater treatment plants that needs to be upgraded tomeet the objectives referred to in paragraphs 1 and 3 at national level is not an integer,
the number of urban wastewater treatment plants shall be rounded to the nearest
integer. In case of equidistance, the number shall be rounded down.

Article 8
Quaternary treatment
1.

▌ Member States shall ensure that discharges from urban wastewater treatment plants
treating a load of 150 000 p.e. and above meet the relevant requirements for quaternary
treatment of urban wastewater set out in Part B and Table 3 of Annex I in accordancewith the methods of monitoring and evaluation of result laid down in Part D of Annex I
before discharge into receiving waters by:(a)▌ 31 December 2033 for discharges from 20% of these urban wastewater
treatment plants;(b)

31 December 2039 for discharges from 60% of these urban wastewater
treatment plants

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(c)

31 December 2045 for all discharges from these urban wastewater treatment
plants.

The maximum permitted number of samples which fail to conform to the parametricvalues of table 3 of Part B of Annex I is set out in table 4 of Part D of Annex I.
2.

On 31 December 2030, Member States shall have established a list ▌ of areas on theirnational territory where the concentration or the accumulation of micropollutants fromurban wastewater treatment plants represent a risk for human health or the environment.
Member States shall review that list in 2033, and thereafter every six years and update it ifnecessary.
The list referred to in the first subparagraph shall include the following areas ▌:(a)catchment areas for abstraction points of water intended for human consumption as
characterised in accordance with article 8 (2), point (a) of Directive (EU)2020/2184 unless the risk assessment in accordance with article 8 (2), point (b) ofthat Directive indicates that the discharge of micropollutants from urban
wastewater treatment plants does not constitute a potential risk that might cause
deterioration of the water quality to the extent that it could constitute a risk tohuman health;(b)bathing water falling within the scope of Directive 2006/7/EC unless the bathingwater profile referred to in article 6 and annex III of that directive indicates thatthe discharge of micropollutants from urban wastewater does not affect bathingwaters and impair bathers’ health;(c)areas where aquaculture activities, as defined in Article 4, point (25), of Regulation(EU) No 1380/2013 of the European Parliament and of the Council1, take place
unless the competent national authorities are satisfied that the discharge of
micropollutants from urban wastewater cannot affect the safety of the foodstuff inits finished form.

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The list referred to in the first subparagraph shall also include the following areasbasedon an assessment of the risks for human health or the environment that the discharge of
micropollutants in urban wastewater poses on:(a)lakes as defined in Article 2, point (5), of Directive 2000/60/EC;(b)rivers as defined in Article 2, point (4), of Directive 2000/60/EC or other water
streams where the dilution ratio is below 10;

▌
▌
(c)

areas where additional treatment is necessary to meet the requirements set out inDirectives 2000/60/EC, 2006/118/EC and 2008/105/EC;(d)special areas of conservation as defined in Article 1, point (l) of Directive
92/43/EEC and special protection areas classified under Article 4 (1) fourthsubparagraph of Directive 2009/147/EC constitutive of the Natura 2000 ecologicalnetwork.

(e)coastal waters as defined in Article 2, point (7), of Directive 2000/60/EC;(f)transitional waters as defined in Article 2, point (6), of Directive 2000/60/EC;(g)marine waters as defined in Article 3, point (1), of Directive 2008/56/EC.

The risk assessment referred to in the second subparagraph shall be communicated to theCommission on request.
▌

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3.

The Commission is empowered to adopt implementing acts establishing the format of therisk assessment referred to in paragraph 2, second subparagraph, and the method to be used
for that risk assessment. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 28(2).

▌▌4.

▌ Member States shall ensure that agglomerations of 10 000 p.e and above meet therequirements for quaternary treatment set out in Part B and Table 3 of Annex I
accordance with the methods of monitoring and evaluation of result laid down in Part Dof Annex I before discharge into areas included in a list referred to in paragraph 2 by:
▌
▌

▌

(a)

31 December 2033 for 10% of these agglomerations;(b)

31 December 2036 for 30 % of these agglomerations;(ba)

31 December 2039 for 60 % of these agglomerations;(c)

31 December 2045 for 100% of these agglomerations.

▌ The maximum permitted number of samples which fail to conform to the parametricvalues of table 3 of Part B of Annex I is set out in table 4 of Part D of Annex I.
The Commission is empowered to adopt delegated acts in what concerns quaternary
treatment in accordance with the procedure referred to in Article 27 to amend Part D of
Annex I in order to adapt the ▌ methods for monitoring and evaluation of results totechnological and scientific progress.

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5.

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 following oneof the regular updates of the list required by that paragraph, fulfil the requirements laid
down in paragraph 4 and in Part B and Table 3 of Annex I within seven years of the
inclusion in that list, but not later than the deadlines set out in paragraph 4.

6.

▌The Commission may adopt implementing acts to establish the monitoring and sampling
methods to be used by the Member States to determine the presence and quantities in urban
wastewater of the indicators set out in table 3 of Annex I. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 28(2).

6a.

Where the number of urban wastewater treatment plants that needs to be upgraded tomeet the objectives referred to in the point (a) and (b) of the first subparagraph of this
Article at national level is not an integer, the number of urban wastewater treatment
plants shall be rounded to the nearest integer. In case of equidistance, the number shallbe rounded down.

6b.

Without prejudice to the other provisions under this article, to ensure that the reuse oftreated urban wastewater is safe for human health and the environment, Member Statesshall, where appropriate, treat the urban wastewater that is reused or foreseen to bereused in accordance with the requirements for quaternary treatment set out in part B
and table 3 of Annex I. In case the treated urban wastewater is reused for agricultural
purposes, the outcome of the risk assessments carried out under Regulation (EU) No
2020/741 shall be taken into account.

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Article 9
Extended producer responsibility
1.

Member States shall take measures to ensure that by [OP please insert the date = the last
day of the third year from the date of entry into force of this Directive], producers whoplace any of the products listed in Annex III on the market have extended producer
responsibility.
Such measures shall ensure that those producers cover:(a)at least 80% of the full costs for complying with the requirements set out in Article
8, including the investments and the operational costs for the quaternary treatmentof urban wastewater to remove micropollutants resulting from the products and theirresidues they place on the market, for the monitoring of micropollutants referred toin Article 21(1), point (a), and;(b)the costs for gathering and verifying data on products placed on the market; andother costs required to exercise their extended producer responsibility.

▌
▌
▌
▌

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2.

Member States shall exonerate producers from their extended producer responsibility
under paragraph 1 where the producers can demonstrate any of the following:(a)the quantity of the substances contained in the products they place on the Union
market is below 1 tonne per year;(b)

the substance in products they place on the market are rapidly biodegradable inwastewaters or do not generate micro-pollutants in wastewaters at the end of their
life.

▌
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 specificcategories of products and their biodegradability or hazardousness. Those implementing
acts shall be adopted in accordance with the examination procedure referred to in Article
28(2) no later than [OP please insert the date = the last day of the second year from thedate of entry into force of this Directive].

4.

Member States shall ensure that producers referred to in paragraph 1 exercise theirextended producer responsibility collectively through an organisation that fulfils theminimum requirements set out in Article 10.
Member States shall ensure that:(a)the producers referred to in paragraph 1 are required to once every year provide theproducer responsibility organisations with the following:(i)the annual quantities of the products listed in Annex III that they place on themarket in the context of their professional activity;(ii)

information on the hazardousness of the products referred to in point (i) in thewastewaters and on their biodegradability at the end of their life;(iii) when relevant, a list of products exonerated in accordance with paragraph 2;7108/24
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(b)

the producers referred to in paragraph 1 are required to contribute financially to the
producer responsibility organisations in order to cover the costs arising from theirextended producer responsibility;(c)each producer’s contribution, as referred to in point (b), is determined based on thequantities and hazardousness in the wastewaters of the substances contained in the
products that are placed on the market;(d)producer responsibility organisations are subject to annual independent audits of
their financial management, including their capacity to cover the costs referred to inparagraph 1 , the quality and adequacy of the information collected under point (a)and the adequacy of the contributions collected under point (b).

(da) necessary measures to inform consumers about waste prevention measures, takeback and collection systems, the impact of inappropriate means of waste disposalof the products listed in Annex III, as well as their mis- and over-use, on thecollection, treatment, and discharge of wastewater are taken.
5.

Member States shall ensure that:(a)the roles and responsibilities of all relevant actors involved, including producers
referred to in paragraph 1, producer responsibility organisations, private or public
operators of urban wastewater treatment plants and local competent authorities, areclearly defined;(b)urban wastewater management objectives are established in order to comply with therequirements and deadlines set under Article 8(1), (4) and (5) and any otherquantitative or qualitative objectives that are considered relevant for the
implementation of the extended producer responsibility;(c)a reporting system is in place to gather data on the products referred to in paragraph
1 placed on the market of the Member State by the producers and data on thequaternary treatment of wastewater, as well as other data relevant for the purposes ofpoint (b) of this paragraph.

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(ca) competent authorities communicate and exchange the necessary data with otherrelevant competent authorities on a regular basis in order to fulfil therequirements of Article 9 and 10 of this Directive.
▌▌

Article 10
Minimum requirements for producer responsibility organisations
1.

Member States shall take the necessary measures to ensure that any producer responsibility
organisation established under Article 9(4):(a)

has a clearly defined geographical coverage coherent with the requirements set out in
Article 8;(b)

has the necessary financial and organisational means to meet the extended producer
responsibility obligations of the producers, including financial guarantees to ensure
the continuity of the quaternary treatment of urban wastewater in accordance with
Article 8 of this Directive in all circumstances;(c)makes publicly available information about:(i)

its ownership and membership;(ii)

the financial contributions paid by producers in line with the requirements
referred to in point (c) of the second sub-paragraph of Article 9(4);(iii) the activities that it undertakes every year, including clear information on how
its financial means are used.
▌▌

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Member States shall ensure that such measures include a national recognition
procedure of the producer responsibility organisations certifying their compliance withthe requirements set out in this paragraph prior to their effective establishment andoperation.
The provision of information to the public under this Article shall be without prejudice
to preserving the confidentiality of business information in conformity with the relevant
Union and national law.
2.

Member States shall establish an adequate monitoring and enforcement framework toensure that producer responsibility organisations fulfil their obligations in a transparent
manner, that the financial means of producer responsibility organisations are properly used
and that all actors having extended producer responsibility report reliable data to thecompetent authorities and, when requested, to the producer responsibility organisations.

3.

Where, in the territory of a Member State, there are multiple producer responsibility
organisations, the Member State concerned shall appoint at least one body independent ofprivate interests or entrust a public authority to oversee the implementation.

4.

Member State shall ensure that the producers established on the territory of anotherMember State or in a third country, and placing products on the Member State's market:(a)appoint a legal or natural person established on its territory as an authorised
representative for the purposes of fulfilling the extended producer responsibility
obligations on its territory; or(b)take equivalent measures to point (a).

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5.

To ensure that the Extended Producer Responsibility system is implemented as optimallyas possible, notably from a cost-benefit perspective, Member States shall organise regulardialogues on the implementation of the Extended Producer Responsibility system. This
could include support for identifying measures to be taken by the competent authorities:(a)to reduce micro-pollutant pressure at source, and(b)

to determine the most appropriate technologies for quaternary treatment.

This dialogue shall take place between relevant stakeholders and associations ofstakeholders where relevant, involved in the implementation of extended producer
responsibility, including producers and distributors, producer responsibility organisations,private or public operators of urban wastewater treatment plants local authorities and civilsociety organisations.
▌
6.

By the date of entry into force of this Directive, the Commission shall provide for theorganisation of exchange of information, experience and best practices between Member
States on the implementation of Articles 9 and 10 and notably on:(a)the measures to control the establishment, the recognition and functioning of
Producer Responsibility Organisations;(b)the measures to control the compliance of producers with their obligations definedin this Directive;(c)the effective implementation of :(i)the coverage of the cost as referred to in Article 9(1), and(ii)

the control of the methods of calculation of producers contributions by theextended producer responsibility organisation as referred to in point c) of
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(d)

the exonerations provided according to Article 9;(e)any other issue in relation to the effective implementation of Articles 9 and 10;(f)

the possible impacts of the application of the requirements referred to in Article 9on the accessibility, availability and affordability of medicines placed on the Union
market.

The Commission shall publish the results of the exchange of information, experienceand best practices on these and other relevant aspects, and where relevant, provide
recommendations and/or guidelines to Member States.
6a.

Based on the information provided by the Member States, the Commission shallestablish and regularly update a list of the requests for exonerations received by Member
States from producers under Article 9(2). This list shall be made available on request to
the national competent authorities of the Member States.

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Article 11
Energy neutrality ▌1.

Member States shall ensure that energy audits, as defined in Article 2 point (32) ofDirective (EU) 2023/1791, of urban wastewater treatment plants and collecting systems inoperation are carried out every four years. Those audits shall include an identification of
the potential for cost-effective measures to reduce the use of energy and enhance the use
and production of renewable energy, with a particular focus to identify and utilise thepotential for biogas production or the recovery and use of waste heat either onsite or via a
district energy system, while reducing greenhouse gas emissions. The first audits shall be
carried out:(a)by 31 December 2028 for urban wastewater treatment plants treating a load of 100
000 p.e. and above and the collecting systems connected to them;(b)by 31 December 2032 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.

2.

Member States shall ensure that, at national level, the total annual energy from renewablesources ▌ as defined in Article 2(1) of Directive (EU) 2018/2001 generated on- or off-siteby or on behalf of the owners or the operators of urban wastewater treatment plants
treating a load of 10 000 p.e. and above, and independently of whether this energy is used
on- or off-site of the urban wastewater treatment plant by their owners or operators, isequivalent to at least:(a)

20 % of the total annual energy used by such plants by 31 December 2030;(aa) 40 % of the total annual energy used by such plants by 31 December 2035;

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70 % of the total annual energy used by such plants by 31 December 2040;(c)

100 % of the total annual energy used by such plants by 31 December 2045.

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▌
▌
The generation of renewable energy by or on behalf of the owners or operators of theurban wastewater treatment plant cannot comprise the purchase of renewable energy.
2a.

By way of derogation from paragraph 2, if a Member State does not reach the objective
referred to in paragraph 2(c) despite having implemented all energy efficiency measuresand all measures to enhance the production of renewable energy notably identified in
the energy audits referred to in paragraph 1 of this Article, Member States may
exceptionally allow the purchase of energy from non-fossil fuel sources. Thesepurchases shall be limited to a maximum of 35% of non-fossil fuel energy in relation tothe objective referred to in paragraph 2(c).

2b.

By way of derogation from paragraph 2, if a Member State does not reach the objective
referred to in paragraph 2(b) despite having implemented all energy efficiency measuresand all measures to enhance the production of renewable energy notably identified in
the energy audits referred to in paragraph 1 of this Article, Member States may
exceptionally allow the purchase of energy from non-fossil fuel sources. Thesepurchases shall be limited to a maximum of 5 percentage points of the requirement inparagraph 2(b). This derogation shall be granted only to Member States that candemonstrate by 31 December 2040 that 35% external non-fossil fuel energy as referred
to in the derogation of paragraph 2(a) will need to be purchased to reach the objective
referred to in paragraph 2(c), taking into account all energy efficiency measures and allmeasures to enhance the production of renewable energy notably identified in the energy
audits referred to in paragraph 1 of this Article.

▌

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3.

The Commission may adopt an implementing act for establishing the methods to assess
whether the objectives in paragraph 2 have been met. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 28(2).

Article 12▌ Transboundary cooperation
1.

Without prejudice to relevant existing international agreements or arrangements onenvironmental water issues, where waters within the area of jurisdiction of a Member
State are adversely affected by discharges of urban wastewater from another Member Stateor third- country, the Member State whose waters are affected shall notify the otherMember State or the third country and the Commission of the relevant facts.
This notification shall be immediate in case of ▌ pollution that may significantly affectdownstream water bodies. In the event of any discharge affecting health or theenvironment in another Member State, the Member State in whose territory thedischarge has occurred shall ensure that the competent authority of the other Member
State and the Commission are immediately informed.

1a.

Member States shall respond to each other in a timely manner, subject to the type,
importance and possible consequences of the incident, after the notification by anotherMember State in accordance with paragraph 1.
The Member States concerned shall cooperate in order to identify the discharges inquestion and the measures to be taken at source to protect the waters that are affected inorder to ensure conformity with this Directive.

2.

The concerned Member States shall inform the Commission of any cooperation referred toin paragraph 1. The Commission shall participate in such cooperation at the request of theconcerned Member States.

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Article 13▌ Local climatic conditions
Member States shall ensure that the urban wastewater treatment plants built to comply withthe requirements set out in Articles 6, 7 and 8 are designed, constructed, operated andmaintained to ensure sufficient performance under all normal local climatic conditions.
Without prejudice to measures taken under paragraph 1 of Article 13 of Directive
2022/2557, seasonal variations of the load and the vulnerability to climate change shall beassessed and taken into account when designing, constructing and operating the urban
wastewater treatment plants and collecting systems.

Article 14▌ Discharges of non-domestic wastewater
1.

Member States shall ensure that the discharges of non-domestic wastewater into collecting
systems and urban wastewater treatment plants are subject to prior regulations and/or
specific authorisations by the competent authority or appropriate body.
▌
Where specific authorisations are provided for discharges into collecting systems andwastewater treatment plants, Member States shall ensure that the competent authority:(a)consults and informs the operators of collecting systems and urban wastewater
treatment plants into which the non-domestic wastewater is discharged before
granting specific authorisations;(b)on request allows the operators of collecting systems and urban wastewater
treatment plants receiving non-domestic wastewater discharge to consult the specificauthorisations ▌ in their catchment areas preferably prior to them being granted;

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▌
(c)

where prior regulations are provided for discharges into collecting systems andurban wastewater treatment plants, Member States shall ensure that theoperators of collecting systems and urban wastewater treatment plants into which
the non-domestic wastewater is discharged, are consulted before the priorregulations are adopted.

The prior regulations and/or specific authorisations referred to in this paragraph shallensure the following:(a)the water quality requirements set out in other Union legislation, including
Directives 2000/60/EC and 2008/105/EC, are fulfilled, and, when applicable, that
quality and quantity of relevant discharges of non-domestic wastewater ismonitored. In particular the pollutant load in the discharge from the urban
wastewater treatment plant does not deteriorate the status of the receiving water
body and does not prevent that water body from achieving such status, inaccordance with the objectives set out in Article 4 of Directive 2000/60/EC.

(b)

the released polluting substances do not impede the operation of the urban
wastewater treatment plant, do not damage collecting systems, urban wastewater
treatment plants and associated equipment or the capacity to recover resources,
including the reuse of treated water and the recovery of nutrients or othermaterial from urban wastewater or sludge;(c)the released polluting substances do not harm the health of the staff working incollecting systems and urban wastewater treatment plants;(d)the urban wastewater treatment plant is designed and equipped to abate thereleased polluting substances;

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(e )

where an urban wastewater treatment plant treats discharges from an installation
holding a permit referred to in Article 4 of Directive 2010/75/EU, the pollutant
load from the discharges of that plant does not exceed the pollutant load thatwould be discharged of the discharges were released directly from the installation
and were compliant with the emission limit values applicable according to thisDirective.

Member States shall ensure that for the discharge of non-domestic wastewater intocollecting systems and urban waste water treatment plants that discharge in catchment
areas for abstraction points of water intended for human consumption, no specificauthorisation is granted or no prior regulation allows such a discharge of non-domestic
wastewater without taking into account the risk assessment and risk management of thecatchment areas for abstraction points of water intended for human consumption as
mentioned in article 8 of Directive (EU) 2020/2184 and the risk management measureson the basis of this article;
▌
▌
▌
▌
▌

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2.

Member States shall ensure that competent authorities or appropriate bodies take theappropriate measures, including a review and, where necessary, revocation of the priorregulations and/or specific authorisations, to identify, prevent and reduce as far as
possible the sources of pollution in non-domestic wastewater referred to in paragraph 1 ofthis Article where any of the following situations arise:(a)pollutants have been identified at the inlets and outlets of the urban wastewater
treatment plant under the monitoring of Article 21(3);(b)

sludge arising from urban wastewater treatment is to be used in accordance with
Council Directive 86/278/EEC38;(c)treated urban wastewater is to be reused in accordance with Regulation (EU)2020/741 or reused for purposes other than agricultural purposes;(d)the receiving waters are used for abstraction of water intended for humanconsumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;(e)the pollution of the non-domestic wastewater discharged into the collecting system,or the urban wastewater treatment plant poses a risk to the operation of that system orplant.

3.

The prior regulations and specific authorisations referred to in paragraph 1 of this Article
shall fulfil the requirements set out in [subparagraph 4 of row 223c]. The Commission isempowered to adopt delegated acts in accordance with the procedure referred to in Article
27 to amend requirements referred to in [subparagraph 4 of row 223c] in order to adapt it
to technical and scientific progress in the field of environmental protection.

38

Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and inparticular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6).

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4.

The specific authorisations referred to in paragraph 1 shall be reviewed and ▌, where
necessary, adapted at least every ten years ▌.
The prior regulations referred to in paragraph 1 shall be reviewed at regular intervals
and, where necessary, adapted.
If the characteristics of the non-domestic wastewater, the urban wastewater treatment
plant or the receiving water body change significantly, the specific authorisations shallbe reviewed and adapted to these changes.

Article 15▌Water reuse and discharges of urban wastewater
1.

Member States shall systematically promote the reuse of treated wastewater from all urban
wastewater treatment plants where appropriate, especially in water-stressed areas, and for
all appropriate purposes. The potential for the reuse of treated wastewater shall beassessed taking into account the river basin management plans established under the
Water Framework Directive 2000/60/EC and Member States’ decisions under article 2,paragraph 2 of Regulation 2020/741. Member States shall ensure that when treatedwastewater is reused or if the reuse is planned, it does not endanger the ecological flowin the receiving waters and there is no adverse effect for the environment and humanhealth. Where treated wastewater is reused for agricultural irrigation, it shall comply withthe requirements established under Regulation (EU) 2020/741. When strategies on water
resilience at Member States level are available, measures on promoting the reuse oftreated wastewater and on the actual reuse shall be considered in these strategies.

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Where treated urban wastewater is reused for agricultural irrigation, Member States
may derogate from the requirements for tertiary treatment in Table 2 of Annex I, for thefraction of treated urban wastewater that is exclusively destined for reuse in agricultural
irrigation, where all of the following can be demonstrated:(a)the nutrient content in the fraction reused does not exceed the demand of thetargeted crops; and(b)there are no risks for the environment, particularly in relation to eutrophication of
the waters in the same catchment area; and there are no risks to human healthparticularly in relation to pathogenic organisms, and(c)the treatment plant has enough capacity to treat or store urban wastewater, inorder to avoid discharge to receiving waters that is not meeting the requirements
set out in Part B and Table 2 of Annex I in accordance with the control methods
laid down in Part D of Annex I.

▌
▌
▌
▌
▌
▌
▌
▌
▌
▌
▌

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2.

Member States shall ensure that at least all discharges from urban wastewater treatment
plants of 1 000 p.e. and above are subject to prior regulations and/or specificauthorisations. Such regulations and/or authorisations shall ensure that the ▌requirements set out in Part B of Annex I are fulfilled.

3.

The prior regulations and/or specific authorisations referred to in paragraph 2 shall be
reviewed at least every ten years and, if necessary, adapted. The provisions of the specificauthorisations shall be updated in the cases where the characteristics of incoming urban
wastewaters or the discharges from the urban wastewater treatment plant or of thereceiving water body change significantly to ensure that those requirements set out inPart B of Annex I remain fulfilled.

3a.

Member States shall take all necessary measures to adapt their urban wastewatercollection and treatment infrastructures to address increased loads of domestic
wastewater, including the construction of new infrastructures where necessary.
By doing so, Member States shall be considered to comply with the environmental
objectives set out in Article 4 of Directive 2000/60/EC if all the following conditions are
met:
(a)

the construction or expansion of an urban wastewater treatment plant to treat
increased loads or otherwise untreated loads of domestic wastewater is subject toprior authorisation in accordance with this Directive;(b)

the benefits of the urban wastewater treatment plant in point (a) cannot forreasons of technical feasibility or disproportionate cost be achieved by othermeans, including the consideration of alternative points of discharge of urban
wastewater plants, that would contribute to achieve the environmental objectives in
Article 4 of Directive 2000/60/EC;

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(c)

all technically feasible mitigating measures are taken to minimize the negative
impacts of the urban wastewater treatment plant on the affected water bodies andare set out in the authorisations referred to in Articles 14 and 15 of this directive;
those measures shall include, where so is required more stringent treatment
requirements than those applied prior to the increase of domestic wastewater load,
aiming to meet the requirements of the directives referred to in Part B, point 6, of
Annex I of this Directive;(d)

all technically feasible mitigating measures are implemented to minimize thenegative impact of other activities causing similar pressures in the same water
bodies.

If failure to prevent deterioration or failure to achieve the objectives in Article 4 of
Directive 2000/60/EC in a body of surface water is the result of an authorisation in point(a), these authorisations in point (a) shall be specifically set out and the abovementioned
conditions explained in the River Basin Management Plans required under Article 13 of
Directive 2000/60/EC.
▌
▌
▌
▌
▌

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Article 16▌Biodegradable non-domestic wastewater
1.

Member States shall establish requirements for the discharge of biodegradable nondomestic wastewater that are appropriate to the nature of the industry concerned and that
ensure at least the same level of environmental protection as the requirements set out inpart B of Annex I.

2.

The requirements referred to in paragraph 1 of this Article shall apply when the following
conditions are fulfilled:(a)the wastewater originates from plants treating a load of 4 000 p.e. and above thatbelong to the industrial sectors listed in Annex IV and that do not carry out any of
the activities listed in Annex I to Directive 2010/75/EU of the European
Parliament and of the Council39;(b)

the wastewater does not enter an urban wastewater treatment plant before it isdischarged to receiving waters (‘direct discharge’).

39

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010
on industrial emissions (integrated pollution prevention and control) (OJ L 334 17.12.2010, p.
17).

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Article 17
Urban wastewater surveillance
▌
▌
▌
▌
▌
▌
▌
1.

▌ Member States shall set up a national system for cooperation and coordination between
competent authorities responsible for public health and competent authorities responsible
for urban wastewater treatment with regard to:(a)the identification of relevant public health parameters, that are to be monitored atleast in the inlet of urban wastewater treatment plants, taking into accountavailable recommendations by the European Center of Disease Prevention andContral (ECDC), by the Health Emergency Preparedness and Response Authority(HERA) and the World Health Organisation (WHO) among others and including
for instance those in the following list:

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(iii) influenza virus;(iv) emerging pathogens;(v)

any other public health parameters that are considered relevant by thecompetent authorities of the Member States for monitoring;(aa) the clear allocation of roles, responsibilities and costs among operators andrelevant competent authorities, including where related to sampling and analysis;▌(b)

the determination of the location and the frequency of urban wastewater sampling
and analysis for each public health parameter identified in accordance with point (a),thus regarding the available health data and the needs in terms of public health data
and, where relevant, the local epidemiological situations;(c)the organisation of an appropriate and timely communication of the monitoring
results to the competent authorities responsible for public health and, where relevant,competent authorities for drinking water in order to facilitate the implementationof the Article 8 of the Directive 2020/2184 on the quality of the water intended forhuman consumption and to Union platforms, where such platforms are available,
and in accordance with applicable law on protection of personal data.

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2.

When a public health emergency is declared by the competent authority responsible forpublic health in the Member State, relevant public health parameters shall be monitored
in urban wastewaters from a representative distribution of the national population, to theextent that the relevant health parameters are found in the urban wastewaters. This
monitoring shall continue until the competent authority declares that the public healthemergency has ended, or during a longer period if deemed useful for other purposes,
according to the same competent authority.
To determine whether there is a public health emergency, the competent authority shallconsider Commission decisions adopted pursuant to Article 23(1) of Regulation (EU)2022/2371 of the European Parliament and of the Council40, assessments of theEuropean Centre for Disease Prevention and Control, decisions of the World HealthOrganisation (WHO) taken in accordance with the International Health Regulations.

3.

For agglomerations of 100 000 p.e. and above, Member States shall, by [OP please insert
the date = the last day of the second year from the date of adoption of the implementing
act in the following subparagraph], ensure that antimicrobial resistance is monitored inurban wastewater.
By [OP please insert the date = 18 months from the date of entry into force of thisDirective], the Commission shall adopt implementing acts in accordance with theprocedure referred to in Article 28(2) to ensure a uniform application of this Directive by
establishing a minimum frequency of sampling and a harmonised methodology formeasuring antimicrobial resistance in urban wastewaters, taking into account at least allavailable data from national public health authorities and national authorities
responsible for monitoring antimicrobial resistance.

40

Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23
November 2022 on serious cross-border threats to health and repealing Decision No
1082/2013/EU. (OJ L 314, 6.12.2022, p. 26–63).

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4.

Results from monitoring referred to in this Article shall be reported in accordance with
Article 22(1), point (g).

Article 18
Risk assessment and management1.

By 31 December 2027, Member States shall identify and assess the risks caused by urban
wastewater discharges to the environment and human health, taking into account seasonal
fluctuations and extreme events and at least those related to the following:(a)the quality of a water body used for the abstraction of water intended for humanconsumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;(b)

the quality of bathing water falling within the scope of Directive 2006/7/EC;▌(c)

the quality of a water body where aquaculture activities as defined in Article 4, point(25), of Regulation (EU) No 1380/2013 take place.

(d)the status of the receiving groundwater body as defined in Article 2 of Directive
2000/60/EC as well as all other environmental objective as stated in Article 4 ofthat Directive for the receiving groundwater body.

(da) the status of the marine environment as defined in point 5 of Article 3 of Directive
2008/56/EC.
(e)the status of the receiving surface water body as defined in Article 2 of Directive
2000/60/EC as well as all other environmental objective as stated in Article 4 ofthat Directive for the receiving surface water body.

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2.

Where risks have been identified in accordance with paragraph 1, Member States shalladopt appropriate measures to address them, which shall include where appropriate thefollowing measures:(-a) taking additional measures to prevent and reduce pollution from urban wastewaterat source, where required to safeguard the quality of the receiving water body incomplement to the measures referred to in Article 14(2);▌(a)

establishing collecting systems in accordance with Article 3 for agglomerations witha p.e. of less than 1 000;(b)

applying secondary treatment in accordance with Article 6 to discharges of urban
wastewater from agglomerations with a p.e. of less than 1 000;(c)

applying tertiary treatment in accordance with Article 7 to discharges of urban
wastewater from agglomerations with a p.e. of less than 10 000;(d)applying quaternary treatment in accordance with Article 8 to discharges of urban
wastewater from agglomerations with a p.e. of less than 10 000, in particular where
urban wastewater is discharged into water bodies used for abstraction of water
intended for human consumption, bathing water, areas where aquaculture
activities take place and when treated urban wastewater is reused for agricultural
purposes;(e)establishing integrated urban wastewater management plans in accordance with
Article 5 for agglomerations below 10 000 p.e. and adoption of measures referred toin Annex V;(f)applying more stringent requirements for the treatment of collected urban
wastewaters than the requirements set out in Annex I, Part B.

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3.

The identification of the risks carried out in accordance with paragraph 1 of this Article
shall be reviewed every six years aligned with the timing of the review of the River BasinManagement Plans developed under the Directive 2000/60/EC and starting on 31
December 2033. A summary of the identified risks accompanied with a description of themeasures adopted in accordance with paragraph 2 of this Article shall be included in theappropriate River Basin Management Plans and 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
Access to sanitation
Without prejudice to the principles of subsidiarity and proportionality, whilst taking into accountlocal and regional perspectives and circumstances for sanitation, Member States shall take allnecessary measures to ensure access to sanitation for all, in particular for vulnerable andmarginalised groups.
For that purpose, Member States shall by 12 January 2029:(a)identify ▌ people without access, or with limited access, to sanitation facilities, paying
special attention to vulnerable and marginalised groups, and provide reasons for such lackof access;(b)

assess the possibilities and improve access to sanitation facilities for such people ▌;(c)

for all agglomerations of 10 000 p.e. and above, encourage the establishment of a sufficientnumber of sanitation facilities in public spaces, which are freely and, in particular for
women, safely accessible and in such case ensure appropriate information to the public;

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(ca)

for all agglomerations of 5000 p.e. and above encourage competent authorities to makeavailable a sufficient number of free sanitation facilities in public buildings, inparticular in administrative buildings;(cb)

encourage the making available of sanitation facilities for all, for free or for a low
service fee, in restaurants, shops and similar private spaces accessible to the public.

Article 20
Sludge and resource recovery
1.

Member States shall encourage the recovery of valuable resources and 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:(a)maximize prevention;(b)

prepare for reuse, recycling and other recovery of resources, in particular
phosphorous and nitrogen, taking into national or local valorisation options;(c)minimize the adverse effects on the environment and human health.

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2.

The Commission is empowered to adopt delegated acts in accordance with the procedurereferred to in Article 27 to supplement this Directive by specifying a combined minimum
reuse and recycling rate for phosphorus from sludge and from urban wastewater not
reused under the derogation of Article 15(1), taking into account available technologies,
resources and the economic viability for phosphorus recovery and taking into accountphosphorus contents of the sludge and the level of saturation of the national market withorganic phosphorus from other sources while ensuring that there is safe sludge
management and no adverse impact on human health and the environment. The
Commission shall adopt those delegated acts by ... [3 years after entry into force of thisDirective].

▌

Article 21▌ Monitoring
1.

Member States shall ensure that competent authorities or appropriate bodies monitor:(a)discharges from urban wastewater treatment plants in order to verify compliancewith the requirements of Part B of Annex I in accordance with the methods formonitoring and evaluation of results laid down in Part D of Annex I; this monitoring
shall include loads and concentrations of the parameters listed in Part B of Annex I;(b)amounts, composition and destination of sludge, taking into account requirementsof Directive 86/278/EEC for sludge intended to be used in agriculture;(c)where the derogation of Article 15(1) is used, the quantities per year and permonth of urban wastewater reused in agriculture that is subject to a derogationreferred to in Article 15(1); the nutrient content of the fraction reused for
agricultural irrigation and the period during which that fraction is reusedcompared to the monthly water and nutrient demand of the crops targeted by thisreused urban wastewater;

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(d)

the greenhouse gases, including at least CO2, N2O, CH4, emitted from urban
wastewater treatment plants of ▌ 10 000 p.e. and above by means of analysis,
calculations or modelling where appropriate;(da) the energy used and produced by urban wastewater treatment plants owners or
their operators of 10 000 p.e and above regardless of whether it is used or
generated on- or off-site, in line with the requirements referred to in paragraph 2
of Article 11, as well as the energy purchased under derogations referred to inparagraphs 2a and 2b where these derogations are applied.
2.

For all agglomerations referred to in Article 5, paragraphs 1 and 3, Member States shallensure that competent authorities, appropriate bodies or operators of the collecting system
carry out representative monitoring, at relevant points, of storm water overflows into
water bodies and of discharges of urban runoff from separate systems, in order toestimate the concentration and loads of the parameters listed in Table 1 of Annex I, and,
where relevant, of Table 2, as well as the content of microplastics and relevant
pollutants. Member States may use the results of this monitoring in view of modellingwhere deemed appropriate.

3.

For all agglomerations of 10 000 p.e. and above, Member States shall ensure thatcompetent authorities or appropriate bodies monitor, at the inlets and outlets of urban
wastewater treatment plants, the concentration and loads in the urban wastewater of thefollowing elements:(a)pollutants that are likely to be found in urban wastewaters listed in:(i)Annexes VIII and X to Directive 2000/60/EC, the Annex I to Directive
2008/105/EC, Annex I to Directive 2006/118/EC and Part B of Annex II to
Directive 2006/118/EC;(ii)

the Annex to Decision 2455/2001/EC of the European Parliament and of theCouncil41;

41

Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November
2001 establishing the list of priority substances in the field of water policy and amending
Directive 2000/60/EC (Text with EEA relevance) (OJ L 331, 15.12.2001, p. 1).

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(iii) Annex II to Regulation (EC) No 166/2006 of the European Parliament and of
the Council42;(iv) Annexes I and II to Directive 86/278/EEC.
(b)

parameters listed in Part 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; where for PFAS Member states can choose to use one or bothparameters ‘PFAS Total’ and/or ‘Sum of PFAS’ when a methodology is available
in accordance with the implementing act referred to in paragraph 3b;(ba) Annex I of Directive 2006/7/EC where there are direct discharges from urban
wastewater treatment plants into bathing water areas during the bathing season,
which might prevent compliance with Directive 2006/7/EC;(c)the presence of microplastics▌(ca) Pollutants listed under points (a) and (b) may be excluded from the monitoring
under this paragraph as long as it can be demonstrated, inter alia on the basis ofmonitoring results, that they are absent in urban wastewaters.
For all agglomerations of above 10 000 p.e., Member States shall ensure that competentauthorities or appropriate bodies monitor the presence of microplastics in the sludge whenrelevant and, notably, when it is reused in agriculture.

42

Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January
2006 concerning the establishment of a European Pollutant Release and Transfer Register andamending Council Directives 91/689/EEC and 96/61/EC (Text with EEA relevance) (OJ L 33,
4.2.2006, p. 1).

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The monitoring referred to in paragraph 3 shall be carried out with the following frequencies:(a)at least two samples per year, with maximum 6 months between the samples, foragglomerations of 150 000 p.e. and more;▌(ab) at least one sample every two years for agglomerations of between 10 000 p.e. and
150 000 p.e.
This monitoring frequency may be halved in subsequent years if the monitoring results
for the pollutants referred to in paragraph 3 are below applicable Environmental Quality
Standards under Directive 2008/105/EC during three successive samples. The
monitoring frequency should be reviewed at least every year.
▌
3a.

The Commission is empowered to adopt implementing acts to ensure a uniform applicationof this Directive by establishing methodologies for measuring and estimating, modelling
direct and indirect greenhouse gas emissions from urban wastewater treatment plants,
and microplastics in urban wastewater and sludge. The Commission shall provide themethodologies by [OP please insert date = 30 months from the date of entry into force of
this Directive] in accordance with the procedure referred to in Article 28(2).
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3b.

The Commission shall adopt implementing acts in accordance with the procedurereferred to in Article 27 to ensure the uniform application of this Directive by
establishing a methodology for measuring ‘PFAS Total’ and ‘Sum of PFAS’ in urban
wastewater Those implementing acts shall be adopted by [OP please insert the date = 24months from the entry into force of this Directive] in accordance with the examination
procedure referred to in Article 28(2).

3c.

Based on the report of the Member States, the Commission may adopt implementing acts
in accordance with the procedure referred to in Article 28(2) to ensure a uniform
application of paragraph 3 of this Article by specifying a minimum list of relevant
pollutants likely to be found in urban wastewater and by developing a methodology for
identifying relevant pollutants likely to be found, taking into account the local conditions
and the risk assessment carried out under relevant Union legislation as well as criteria
and frequency for revising the exclusion of some pollutants as set out in paragraph 3,
point (ca).

Article 22
Information on monitoring of implementation
1.

Member States, assisted by the European Environment Agency (EEA), shall:(a)by 31 December 2028, set up a data set containing information collected inaccordance 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/failcriteria established in Part D of Annex I and update that data set annually thereafter▌(b)by 31 December 2028, set up a data set indicating the percentage of urban
wastewater which is collected and treated in accordance with Article 3 and updatethat data set annually thereafter;(c)by 31 December 2028, set up a data set containing information on theimplementation of Article 4(5) and on the percentage of the urban wastewater loadfrom agglomerations above 2 000 p.e. which is treated in individual systems andupdate that data set annually thereafter;

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(d)

by 31 December 2028, set up a data set containing information on the number ofsamples collected and the number of samples taken in accordance with Part D of
Annex I that have failed and update that data set annually thereafter;(e)by 31 December 2030, set up a data set containing information on greenhouse gas
emissions with a breakdown between different gasses 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), the percentage of energy purchased from non-fossil fuelsources and, when available accompanied by a break-down of the different types of
non-fossil fuel energy sources used, where the derogation referred to in Article
11(2a) is used, and update that data set annually thereafter;(f)by 31 December 2030, set up a data set containing information on measures taken inaccordance with point 3 of Annex V and update that data set annually thereafter;(g)by 31 December 2030, set up a data set containing the monitoring results referred toin accordance with Article 17(1) and (3) and update that data set annually thereafter;(h)by 31 December 2030, set up a data set containing the list of areas identified assensitive to eutrophication ▌ and update that data set in accordance with
Article 7(2);(i)

by 31 December 2030, set up a data set containing the list of areas identified as areas
where the concentration or the accumulation of micropollutant represents a risk forhuman health or the environment and update that data set in accordance with
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(j)

by 12 January 2029, set up a data set containing information on measures taken to
improve access to sanitation in accordance with Article 19 (a), (b), (c), including
information on the share of their population that has access to sanitation in
agglomerations of 10.000 p.e. and above and update that data set every 6 years
thereafter.

(ja) by December 2030, Member States where biomedia are used shall set up a data set
containing the type of biomedia used and a short description of the measures taken
by urban wastewater treatment plants using biomedia to avoid spills into theenvironment, and update that data set every five years thereafter;(k)by 31 December 2030, set up a data set containing the monitoring results referred
to in point (c) of Article 21(1) with a comparison of the monthly water and nutrient
demand of the crops targeted by the reused fraction of treated urban wastewaterreferred to in Article 15(1), and update that dataset annually thereafter.

2.

Member States shall ensure that the Commission and the EEA have ▌ access to the data
sets referred to in paragraph 1.

3.

The information reported by Member States in accordance with Article 5 of Regulation(EC) No 166/2006 shall be taken into account for the reporting required under this Article
for those pollutants related with urban wastewaters.
With regard to the information referred to in paragraph 1, the EEA shall provide the publicwith access to relevant data through the European Pollutant Release and Transfer Registerestablished under Regulation (EC) No 2006/166.

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4.

The Commission is empowered to adopt implementing acts specifying the format of theinformation to be provided in accordance with paragraph 1. Those implementing acts shallbe adopted in accordance with the examination procedure referred to in Article 28(2) by 31
December 2028 for information referred to in points (e), (f), (g), (i), (j), (ja) and (k) of
paragraph 1. The Commission may adopt implementing acts in accordance with theexamination procedure referred to in Article 28(2) to specify the format of theinformation to be provided in accordance with (a), (b), (c), (d) and (h) of paragraph 1.

Article 23▌ National implementation programme1.

By [OP please insert date = the 1st day of the thirty sixth month after the date of entry into
force of this Directive], Member States shall establish a national implementation
programme for this Directive.
Those programmes shall include:(a)an assessment of the level of implementation of Articles 3 to 8;(b)

the identification and planning of investments required to implement this Directive
for each agglomeration, including an indicative financial estimation, including whenavailable an estimation of the financial contribution from the producer
responsibility organisations established in accordance with Article 10 of thisDirective, and a prioritisation of those investments related to the size of theagglomeration and the level of environmental impact of untreated urban wastewaterand related risks for environment or human health;(c)an estimate of investments needed to renew, upgrade or replace existing urban
wastewater infrastructures, including collecting systems, based on depreciation
rates, technical and operational conditions, and with the aim to prevent possible
leakage, infiltration and misconnected inflow into the collecting networks, andusing, where appropriate, digital instruments;

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(d)

the identification, or at least an indication, of potential sources of public financing,when needed to complement user charges.

(da) any information required under Articles 6(3) and 7(4) where applicable.
Member States may continue using the available Union funding for the implementationof the provisions of this directive, in order to ensure that all citizens benefit equally fromefficient collection and treatment of urban wastewater. Member States may equally
exchange best practices on how to improve absorption of Union Funds.
When Member states establish, during the implementation of national implementation
programme, that due to the necessity to preserve cultural heritage it is not possible torespect the deadlines referred to in Article 3(2) and/or Article 6(2) in specific areas,
Member States shall update their national implementation programme. This update
shall contain a list of the agglomerations with areas concerned, a detailed justification
demonstrating that the achievement of the required infrastructures is particularly
difficult due to the necessity to preserve cultural heritage, and an adjusted timeline to
finalise the required infrastructures in these areas. Extensions of the deadlines referred
to in Article 3(2) and/or Article 6(2) shall be set area-specific, kept as short as possible
and shall not exceed 8 years. The updated national implementation programme shall be
submitted to the Commission by 31 December.
▌2.

By [OP: please insert the date = the ▌first day of the thirty-▌sixth month after the date ofentry into force of this Directive], Member States shall submit to the Commission theirnational implementation programmes, except where they demonstrate, based on themonitoring results referred to in Article 21, that they are in compliance with Articles 3 to 8.

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3.

Member States shall update their national implementation programmes at least every
6 years. 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.
▌▌

4.

The Commission is empowered to adopt implementing acts establishing the methods andformats for submission of the national implementation programmes. Those implementing
acts shall be adopted in accordance with the examination procedure referred to in Article
28(2).

Article 24
Information to the public
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 userfriendly and customised way, for each agglomeration of above 1 000 p.e. or each relevant
administrative area. The information shall include at least the data listed in Annex VI.
The information referred to in paragraph 1 shall also be provided by other means uponjustified request.

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2.

In addition, where costs are recovered totally or partly through a water tariff system,
Member States shall ensure that all households in agglomerations of above 10 000 p.e.,
and preferably above 1 000 p.e., connected to collecting systems receive regularly and at
least once a year, in the most appropriate and easily accessible form, for example andwhere available on their invoice or by digital means such as smart applications or
websites, without having to request it, the following information:(a)information on the compliance of the collection and treatment of urban wastewaterwith Articles 3, 4, 6, 7 and 8, including a comparison between the actual releases ofpollutants in receiving waters with the limit values set out in Tables 1, 2 and 3 ofAnnex I; this information shall be presented in a manner that allows for easycomparison, for example in the form of a percentage of compliance;(b)

the volume or estimated volume of urban wastewater collected and treated per year
or per billing period for the household or the connected entity in cubic meter,
together with trends and the price of urban wastewater collection and treatment forthat household (cost per litre and cubic meter);(c)a comparison of the yearly volume of urban wastewater collected and treated for thehousehold per year and an indication of the average volume of a household in theconcerned agglomeration;▌(d)a link to the online content referred to in paragraph 1.

Where information regarding individual usage is not available, the information in points(a) to (d) above will be provided at agglomeration level in a user-friendly manner via a
website or smart application.

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3.

The Commission may adopt delegated acts in accordance with the procedure set out in
Article 27 to amend paragraph 2 of this Article and Annex VI by updating the information
to be provided to the public online and to the households connected to collecting systems
in order to adapt these requirements to technical progress and the availability of data in thefield.

4.

The Commission may adopt implementing acts specifying the format and the methods ofpresenting the information to be provided in accordance with paragraphs 1 and 2. Those
implementing acts shall be adopted in accordance with the examination procedure referred
to in Article 28(2).

Article 25
Access to Justice1.

Member States shall ensure that, in accordance with the relevant national legal system,
members of the public concerned have access to a review procedure before a court of law,or another independent and impartial body established by law to challenge the substantive
or procedural legality of decisions or acts or omissions subject to Articles 6, 7 or 8 of thisDirective when at least one of the following conditions is met:(a)they have a sufficient interest;(b)

they maintain the impairment of a right, where administrative procedural law of a
Member State requires this as a precondition.

The review procedure shall be fair, equitable, timely and not prohibitively expensive, andshall provide for adequate and effective redress mechanisms, including injunctive relief asappropriate.

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1a.

Standing in the review procedure shall not be conditional on the role that the concerned
member of the public played during a participatory phase of the decision-making
procedures under this Directive.

2.

Member States shall determine at what stage the decisions, acts or omissions referred to inparagraph 1 may be challenged.

2a.

Member States shall ensure that practical information is made available to the public onaccess to administrative and judicial review procedures referred to in this Article.

Article 26
Compensation
1.

Member States shall ensure that, where damage to human health has occurred as a result ofa violation of national measures that were adopted pursuant to this Directive, theindividuals affected have the right to claim and obtain compensation for that damage fromthe relevant natural or legal persons, in accordance with national rules.

2.

Member States shall ensure that, as part of the public concerned, non-governmentalorganisations promoting the protection of human health or the environment and meeting
any requirements under national law are allowed to represent the individuals affected ▌.
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.

3.

Member States shall ensure that national rules and procedures relating to claims forcompensation are designed and applied in such a way that they do not render impossible orexcessively difficult the exercise of the right to compensation for damage caused by aviolation pursuant to paragraph 1.

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4.

Member States may establish the limitation periods for bringing actions for compensationreferred to in paragraph 1 ▌. Such periods shall not begin to run before the violation has
ceased and the person claiming the compensation knows or can reasonably be expected toknow that he or she suffered damage from a violation pursuant to paragraph 1.

5.

Member States shall ensure that information is made available to the public on theirright to claim compensation for damage.

Article 27
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to theconditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Articles [7(4), 8(5), 14(3), 20(2), and24(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 endof 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.

3.

The delegation of power referred to in Articles [7(4), 8(5), 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 effectthe 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 delegatedacts already in force.

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4.

Before adopting a delegated act, the Commission shall consult experts designated by each
Member State in accordance with the principles laid down in the Interinstitutional
Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to theEuropean Parliament and to the Council.

6.

A delegated act adopted pursuant to Articles [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 theCouncil.

Article 28
Committee
1.

The Commission shall be assisted by the committee for the adaptation to scientific andtechnical progress and implementation of the directive on urban wastewater treatment
established by Directive 91/271/EEC. That committee shall be a committee within themeaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shallapply.

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Article 29
Penalties
1.

Without prejudice to the obligations of Member States under Directive 2008/99/EC of
the European Parliament and of the Council of 19 November 2008 on the protection of
the environment through criminal law, Member States shall lay down the rules on
penalties applicable to infringements of national provisions adopted pursuant to thisDirective and shall take all measures necessary to ensure that they are implemented. The
penalties provided for shall be effective, proportionate and dissuasive. ▌2.

Member States shall ensure that the penalties established pursuant to this Article give due
regard to the following, as applicable:(a)the nature, gravity, and extent of the infringement;(b)where appropriate, the intentional or negligent character of the violation;(c)the population or the environment affected by the infringement, bearing in mind theimpact of the infringement on the objective of achieving a high level of protection ofhuman health and the environment;(c)the repetitive or singular character of the infringement.

(ca) the financial situation of the natural or legal person held responsible.
3.

Member States shall without undue delay notify the Commission of the rules and measuresreferred to in paragraph 1 and of any subsequent amendments affecting them.

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Article 30
Evaluation
1.

By 31 December 2033 and by 31 December 2040, the Commission shall carry out anevaluation of this Directive based in particular on the following elements:(a)the experience gained through the implementation of this Directive;(b)

the data sets referred to in Article 22(1);(c)

relevant scientific, analytical and epidemiological data, including results fromresearch projects funded by the Union;(d)

WHO recommendations, where available;

This evaluation shall, at minimum, contain an analysis of:(a)the adequacy of the public health parameters referred to Article 17(1) to bemonitored by Member States.

(b)

the added-value of mandatory monitoring of specific public health parameters.

(c)▌the possible need to adapt the list of products to be covered by extended producer
responsibility to the evolution of the range of products placed on the market,
improved knowledge on the presence of micropollutants in wastewaters, theirimpacts on public health and the environment, data resulting from the newmonitoring obligations on micropollutants in the inlets and outlets of the urban
wastewater treatment plants and an analysis of the need to revise the condition forexoneration from extended producer responsibility referred to in point (a) of
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(d)

the added value and the appropriateness of requiring mandatory national waterreuse plans including national targets and measures taking into account theevolution of the European policies and legislation related to water management;(e)the objective of energy neutrality in order to analyse the technical and economic
feasibility and environmental and climate benefits to achieve a higher energy
autonomy of the sector;(f)the possibilities for measuring direct and indirect greenhouse gas emissions
emitted from the urban wastewater sector, including emissions of other greenhousegases than those referred to in point (d) of paragraph 1 of Article 21, and forsetting requirements for actual measurements in connection with the monitoringtaking into account the most recent methodologies for greenhouse gas emissions of
the urban wastewater sector set out by the Intergovernmental Panel on Climate
Change.

(g)

the possible impacts on the functioning of the internal market of the potentiallydifferent contribution rates for producers set by Member States and that arereferred to in Article 9(1);(h)

the feasibility and appropriateness of the development of an Extended Producer
Responsibility system for products generating Per- and Polyfluoroalkyl Substances(PFAS) and microplastics in urban wastewater based notably on the monitoringdata from Article 21 on PFAS and microplastics in the inlets and outlets of theurban wastewater treatment plants.

(i)the possibility and the time required to reach climate neutrality of the urban
wastewater treatment sector.

(j)the opportunity and feasibility to set Union minimum reuse and recycling rates fornitrogen from sludge and/or from urban wastewater.

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The Commission shall present a report on the main findings of the evaluation referred to in
the first subparagraph to the European Parliament, the Council, the European Economic
and Social Committee, and the Committee of the Regions accompanied, where theCommission finds it appropriate, by relevant legislative proposals.
2.

Member States shall provide the Commission with the information necessary for the
preparation of the report referred to in paragraph 1, second subparagraph.

Article 31
Review
Every five years, the Commission shall present a report to the European Parliament and theCouncil on the implementation of this Directive. On the basis of this report, theCommission may send early warnings to Member States that are failing or at risk offailing to meet the objectives and deadlines of Articles 3, 5, 6, 7, 8 and 11.

Article 32
Repeal and transitional provisions
1.

Directive 91/271/EC, as amended by the acts listed in Part A of Annex VII to thisDirective, is repealed with effect from [OP please insert the date = the first day of the thirty
first month after the date of entry into force of this directive] without prejudice to the
obligations of the Member States relating to the time limits‑ for the transposition into
national law of the Directives set out in Part B of Annex VII to this Directive.

2.

In respect of Mayotte, Article 3(1) and Article 6(1) shall apply from 31 December 2030
and Article 3(2) and Article 6(2) shall apply from [OP please insert the date = last day of
the fifteenth year after the entry into force of this Directive]
First indent of paragraph 1a of Article 3 and first indent of paragraph 1a of Article 4 ofCouncil Directive 91/271/EEC shall continue to apply until 30 December 2030.

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3.

Without prejudice to the previous subparagraph, for urban wastewater discharges fromagglomerations of 10 000 p.e. and above, Article 5 of Council Directive 91/271/EC shallcontinue to apply:(a)until 31 December 2033 for agglomerations that are not required to comply withthe requirements set out in Article 7(3) by [OP please insert the date = the date ofentry into force of this Directive];(b)

until 31 December 2036 for agglomerations that are not required to comply withthe requirements set out in Article 7(3) by 31 December 2033;(c)

until 31 December 2039 for agglomerations that are not required to comply withthe requirements set out in Article 7(3) by 31 December 2036;(d)until 31 December 2045 for agglomerations that are not required to comply withthe requirements set out in Article 7(3) by 31 December 2039;(e)until 31 December 2053 for agglomerations to which the derogation referred to in
Article 7(3a) applies.

4.

References to the repealed Directive shall be construed as references to this Directive andshall be read in accordance with the correlation table in Annex [VIII].

Article 33
Transposition
1.

Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with Articles […] and Annexes […] [refer to the articles and annexes
which have been amended in substance by comparison with the repealed Directives] by[OP please insert the date = the last day of the thirtieth month after the date of entry into
force of this Directive] ▌. They shall immediately communicate the text of those measures
to the Commission ▌ .

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When Member States adopt those measures ▌ , they shall contain a reference to thisDirective or be accompanied by such a reference on the occasion of their official
publication. They shall also include a statement that references in existing laws, regulations
and administrative provisions to the Directive repealed by this Directive shall be construed
as references to this Directive. Member States shall determine how such reference is to bemade and how that statement is to be formulated.
2.

Member States shall communicate to the Commission the text of the main measures ofnational law which they adopt in the field covered by this Directive.

Article 34
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
Articles […] and Annexes […] [refer to the articles and annexes which are unchanged bycomparison with the repealed Directive] shall apply from […] [OP please insert the date =the first day of the twenty-fourth month after the date of entry into force of this Directive].

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Article 35
Addressees
This Directive is addressed to the Member States.
Done at Brussels,

For the European Parliament

For the Council

The President

The Presiden

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Annex I
REQUIREMENTS FOR URBAN WASTEWATERPart A
Collecting systems
Collecting systems shall take into account wastewater treatment requirements.
The design, construction and maintenance of collecting systems shall be undertaken in accordancewith the best technical knowledge not entailing excessive costs, notably regarding:-volume and characteristics of urban wastewater,-

prevention of leaks of wastewater, infiltration and misconnected inflow into the collecting
systems,-

limitation of pollution of receiving waters due to storm water overflows, considering therelevant requirements in Article 5 and Annex V.

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Part B
Discharge from urban wastewater treatment plants toreceiving waters
1.

Urban wastewater treatment plants shall be designed or modified so that representative
samples of the incoming wastewater and of treated effluent can be obtained before
discharge to receiving waters.

2.

Discharges from urban wastewater treatment plants and urban wastewater treatment
plants serving agglomerations referred to in Articles 6, 7 and 8 shall meet therequirements shown in Table 1 of this Annex.

3.

Discharges from urban wastewater treatment plants referred to in Article 7(1) or fromurban wastewater treatment plants serving agglomerations referred to in Article 7(3)shall, in addition to the requirements referred to in point 2, meet the requirements ▌ inTable 2 of this Annex, except in cases where Article 7(5) is applied.

4.

Discharges from urban wastewater treatment plants referred to in Article 8(1) or fromurban wastewater treatment plants serving agglomerations referred to in Article 8(4)shall meet the requirements set out in Table 3 of this Annex.

5.

Authorisations and/or regulations for discharges from urban wastewater treatment plants
using biomedia shall include: - a description of the technologies incorporating biomedia
used in the treatment of urban wastewater treatment plant, including the type andvolume of biomedia used in the plant and a description of the measures taken to avoid
biomedia releases in the environment; - an obligation to permanently monitor and prevent
all biomedia releases in the environment; - an obligation to report without delay any
significant releases of biomedia into receiving waters to competent authorities.

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6.

More stringent requirements than those set out in Tables 1, 2 and 3 shall be applied where
necessary to ensure that the receiving waters fulfil the requirements laid down in
Directives 2000/60/EC, 2008/56/EC, 2008/105/EC and 2006/7/EC ▌.

7.

The points of discharge of urban wastewater shall be chosen, as far as possible, so as tominimize harmful effects on receiving waters.

Part C
deletedPart D
Methods for monitoring and evaluation of results
1.

Member States shall ensure that a monitoring method is applied which fulfils the requirements
set out in points 2 to 5. Where relevant, all methods of analysis shall comply with minimum
performance criteria as the ones defined in the Directive 2009/90/EC and other relevant
rules.
Alternative methods to those referred to in points 2, 3 and 4 may be used provided that it canbe demonstrated that equivalent results are obtained.
Member States shall provide the Commission with all relevant information concerning theapplied monitoring method.

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2.

Flow-proportional or time-based 24-hour samples 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 micropollutants shall be 48-hour samples.
Good international laboratory practices aiming at minimizing the degradation of samples
between collection and analysis shall be applied.

3.

The minimum annual number of samples shall be determined according to the size of thetreatment plant and be collected at regular intervals during the year:
1 000 to 9 999 p.e.:

One sample per month (see Note 1)

10 000 to 49 999 p. e.:

Two samples per month
For micropollutants, one sample per month

50 000 to ▌149 999 p.e.:

One sample per week.
For micropollutants, two samples per ▌month▌ 150 000 p.e. or ▌above:▌ Two samples per week
For micropollutants, two samples per ▌month

Note 1: For agglomerations concerned by seasonal activity, intervals of maximum two months
without sampling are accepted provided that additional samples are taken during the months ofseasonal activity. A total of 12 samples shall be taken throughout the year.

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4.

The treated urban wastewater shall be assumed to conform to the relevant parameters if, foreach relevant parameter considered individually, samples of the water show that it complies
with the relevant parametric value in the following way:(a)for the parameters specified in Table 1 and Table 3, a maximum number of samples
which are allowed to fail the requirements, expressed in concentrations and/or
percentage reductions, is specified in Table 4;(b)for the parameters of Table 1 expressed in concentrations, the failing samples taken
under normal operating conditions must not deviate from the parametric values by morethan 100%, except for the parameter total suspended solids, for which deviations fromthe parametric values of up to 150 % may be accepted;(c)

for those parameters specified in Table 2 the annual mean of the samples for eachparameter shall be conform to the relevant parametric values set out in that table. ▌ The
values for concentration or for the minimum percentage of reduction shall apply;(d)for the parameters specified in Table 3, ▌ the frequency of sampling referred to inparagraph 3 of Part D of Annex I means that one sample is taken in the inlet and one
sample is taken in the outlet of the urban wastewater treatment plant in order to verify
compliance with the minimum percentage of removal of table 3 of Annex I. The
average percentage of removal of all substances used in the calculation shall be usedin order to assess whether the required 80% minimum percentage of removal has
been reached.

5.

The samples shall be taken so that they reflect the pollution during dry weather flow.▌.
Extreme values for the water quality in question shall not be taken into consideration when
they are the result of unusual situations due to heavy rain.

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.

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Table 1: Requirements for discharges from urban waste water treatment plants subject to
Article 6 of the Directive. The values for concentration or for the percentage of reduction
shall apply.
Parameters

Concentration

Minimum

Reference method ofpercentage ofmeasurement

reduction ▌ (seeNote 4)
Biochemical

25 mg/l O2

oxygen demand

70-90
40 under Article(BOD5 at 20 °C)▌ 6(3)

without

Homogenized, unfiltered,undecanted sample.
Determination of dissolved
oxygen before and after five-nitrification (seeday incubation at 20 °C ± 1 °C,

Note 1)in complete darkness. Additionof a nitrification inhibitor

Chemical

125 mg/l O2

75

Homogenized, unfiltered,oxygen demand

undecanted sample Potassium(COD) (Seedichromate

Note 2)
Total Organic

37 mg/l75

EN 1484

35 mg/l (see Note 3)

90 (see Note 3)–

Carbon (SeeNote 2)
Total suspended
solidsFiltering of arepresentative sample
through a 0,45 μm filter
membrane. Drying at 105°C and weighing–

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at least five mins withmean acceleration of 2800
to 3200 g), drying at 105°C and weighing
Note 1: The parameter can be replaced by another parameter: total organic carbon (TOC) or total
oxygen demand (TOD) if a relationship can be established between BOD5 and the substituteparameter.
Note 2: Member States shall measure either the Chemical oxygen demand (COD) or the Total
Organic Carbon.
Note 3: This requirement is optional.
Note 4: Reduction in relation to the load of the influent.

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Table 2: Requirements for tertiary treatment of discharges from urban wastewater treatment
plants referred to in Article 7(1) or from urban waste water treatmet plants serving
agglomerations referred to in Article 7(3). For discharges from urban wastewater treatment
plants referred to in Article 7(1), both parameters shall apply. For agglomerations 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.
Parameters

Concentration

Minimum percentage

Reference method ofof reduction20

measurement(See Note 1 and 1-a)
Total

0.7 mg/l (10 000 – 150 87,5 (10 000 – 150 Molecular

phosphorus

000 p.e.)(see Note 2)

000 p.e.)absorption

spectrophotometry

0,5 mg/l (more than 90 (more than 150
150 000 p.e.)000 p.e.)

Total nitrogen 10 mg/l (10 000 – 150 80

Molecular(see Note 2)

spectrophotometry

000 p.e.)(see Note 1a)absorption

8 mg/l (more than 150
000 p.e.)(see Note 3)
Note 1: Reduction in relation to the load of the influent or to the load generated in an
agglomeration if the same level of environmental protection can be ensured.

20▌

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ENNote 1-a: If a fraction of treated urban wastewater is used for agricultural irrigation, nutrients inthat fraction may be included in the calculation of the influent load and be excluded from thedischarged load.
Note 1a: In exceptional situations due to specific local circumstances natural nitrogen retention ▌may be taken into account in the calculation of the minimum percentage reduction in Member
States where natural nitrogen retention was taken into account in the calculation of theminimum percentage reduction of nitrogen referred to under table 2 of Annex I of Council
Directive 91/271/EEC and where it is demonstrated that part of the nitrogen originated fromurban wastewater can be eliminated in the receiving waters until [OP please insert the date = last
day of the twentieth year after the entry into force of the Directive] for the calculation of theminimum percentage reduction of nitrogen referred to in table 2 of Part B of Annex I if all thefollowing conditions are fulfilled:(1)

the average hydraulic retention time of the discharged effluent is at least 1,5 years before it
reaches the area sensitive to nitrogen designated under Article 7(2);(2)

continuous monitoring and assessment programme of the total nitrogen parameter isensured:(a)in the outlets of all urban wastewater treatment plants and where relevant in theurban runoff from agglomerations of 10 000 p.e. and above located in the catchment
area of the area designated sensitive to nitrogen under Article 7(2); and(b)in the relevant inlets of the concerned area designated under Article 7(2); and(c)at the representative sampling locations in the receiving waters and relevant water
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(3)

the minimum percentage reduction for nitrogen of Table 2 is met; this percentage shall becalculated on the basis of the data collected from continuous monitoring and assessment
programme referred to in point (2);(4)

it can be demonstrated that nitrogen releases from urban wastewater treatment plants inthe catchment area are not harmful for the environment, including for biodiversity, andhuman health and do not modify the ecosystem;(5)

the concentration of nutrients in the areas referred to in point (c) of condition (2) arecompliant with the condition set under Annex V.1.2.1 of Directive 2000/60/EC to define
good ecological status of those areas;(6)

the use of natural nitrogen retention is reported to the Commission in accordance with
Article 22(1)(a), as well to potentially affected neighboring Member States, together with all
the elements necessary to verify that conditions (1), (2), (3), (4) and (5) above are fulfilled.

Note 2: This requirement shall apply on [OP please insert the date = date of adoption of thisDirective] to existing urban wastewater treatment plants obliged to meet the deadlines establishedunder Article 7(1) and to agglomerations under Article 7(3). Until these deadlines are met, theobligations of Article 32(3) shall apply to these urban wastewater treatment plants.
Note 3: Where the temperature in the effluent of the biological reactor is below 12 °C the resultsof the samples taken may be excluded from the calculation of the annual mean for nitrogen as
referred to in point (4)(c) of Part D of this Annex where all the following can be demonstrated:(1)

no adverse effect to the environment is ensured;(2)

excessive costs and/or excessive energy consumption would be required to reach the values
for nitrogen in Table 2.

Where the temperature in the effluent of the biological reactor is below 5 °C the results of thesamples taken may be excluded from the calculation of the annual mean for nitrogen as referred
to in point (4)(c) of Part D of this Annex.

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Table 3: Requirements for quaternary treatment of discharges from urban wastewater
treatment plants referred to in Article 8 (1) and or from urban wastewater treatment plants
serving agglomerations referred to in Article 8(▌4).
Indicators

Minimum percentage of removal in relation
to the load of the influent

Substances that can pollute water even at

80 % (see Note 2)

low concentrations (see Note 1)
Note 1: The concentration of the organic substances referred to in points (a) and (b) shall bemeasured.
(a)Category 1 (substances that can be very easily treated):(i) Amisulprid (CAS No 71675-85-9),(ii) Carbamazepine (CAS No 298-46-4),(iii) Citalopram (CAS No 59729-33-8),(iv) Clarithromycin (CAS No 81103-11-9),(v) Diclofenac (CAS No 15307-86-5),(vi) Hydrochlorothiazide (CAS No 58-93-5),(vii) Metoprolol (CAS No 37350-58-6),(viii) Venlafaxine (CAS No 93413-69-5);

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(b)

Category 2 (substances that can be easily disposed of):(i) Benzotriazole (CAS No 95-14-7),(ii) Candesartan (CAS No 139481-59-7),(iii) Irbesartan (CAS No 138402-11-6),(iv) mixture of 4-Methylbenzotriazole (CAS No 29878-31-7) and 5▌-methylbenzotriazole (CAS No 136-85-6).

Note 2: The percentage of removal shall be calculated on dry weather flow for at least six
substances. 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 competentauthority shall designate other substances to calculate the minimum percentage of removal when it
is necessary. The average of the specific percentages of removal of all single substances used in thecalculation shall be used in order to assess whether the required 80 % minimum percentage ofremoval has been reached.

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Table 4: Requirement for samples
Series of samples taken in any year

Maximum permitted number of samples which fail to conform

4-7

1

8-16

2

17-28

3

29-40

4

41-53

5

54-67

6

68-81

7

82-95

8

96-1109111-125

10

126-14011

141-155

12

156-17113

172-18714

188-20315

204-21916

220-23517236-251

18

252-26819269-28420

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285-30021

301-31722

318-33423

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Annex II
AREAS SENSITIVE TO EUTROPHICATION ▌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;

2.

Natural freshwater lakes, other freshwater bodies, estuaries and coastal waters which arefound to be eutrophic or which in the near future may become eutrophic if protective
action is not taken.
The following elements shall be taken into account when considering which nutrient
should be reduced by further treatment:(a)lakes and streams reaching lakes/reservoirs/closed bays which are found to have apoor water exchange, whereby accumulation may take place. In these areas, theremoval of phosphorus should be included unless it can be demonstrated that theremoval will have no effect on the level of eutrophication. Where discharges fromlarge agglomerations are made, the removal of nitrogen may also be considered;(b)estuaries, bays and other coastal waters which are found to have a poor waterexchange, or which receive large quantities of nutrients. Discharges from small
agglomerations are usually of minor importance in those areas, but for large
agglomerations, the removal of phosphorus and/or nitrogen should be included
unless it can be demonstrated that the removal will have no effect on the level ofeutrophication;

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3.

Surface freshwaters intended for the abstraction of drinking water which could containmore than the concentration of nitrate laid down under the relevant provisions of Directive(EU) 2020/2184 if protective action is not taken;

4.

Areas where further treatment than that prescribed in Article 7 of this Directive isnecessary to comply with other Union acts in the environmental field, including inparticular water bodies covered by Directive 2000/60/EC which are at risk of not
maintaining or achieving good ecological status or potential.

5.

Any other areas found by the Member States to be sensitive to eutrophication.

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Annex III
LIST OF PRODUCTS COVERED BY EXTENDED PRODUCER RESPONSIBILITY
1.

Medicinal products for human use falling within the scope of Directive 2001/83/EC of theEuropean Parliament and of the Council21.

2.

Cosmetic products falling within the scope of Regulation (EC) No 1223/2009 of the European
Parliament and of the Council of 30 November 2009 on cosmetic products22.

21

22

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on
the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p.
67–128).
Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30
November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59–209).

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Annex IV
INDUSTRIAL SECTORS
1.

Milk-processing

2.

Manufacture of fruit and vegetable products

3.

Manufacture and bottling of soft drinks

4.

Potato-processing

5.

Meat industry

6.

Breweries

7.

Production of alcohol and alcoholic beverages

8.

Manufacture of animal feed from plant products

9.

Manufacture of gelatine and of glue from hides, skin and bones

10.

Malt-houses

11.

Fish-processing industry

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Annex V
CONTENT OF THE INTEGRATED URBAN WASTEWATER MANAGEMENT PLANS
1.

An analysis of the initial situation of the drainage area of the concerned agglomeration,
including at least the following:(a)a detailed description of the network of collecting systems, the urban wastewater andurban runoff storage and conducting capacities of that network and the existing
urban wastewater treatment capacities in case of rainfall;(b)

In case of combined sewers, a dynamic analysis of the flows of urban wastewatersin case of rainfall, based on monitoring data or the use of hydrological, hydraulicand water quality models that take into account state-of-the-art climate projections
and including an estimate of the pollution loads of the parameters referred to in
Table 1 and, where relevant, Table 2 of Annex I as well as microplastics andrelevant pollutants released in receiving waters in case of rainfall;(c)

In case of separate sewers, a detailed description of the monitoring requirements atrelevant points of separate systems where discharges of urban runoff are expected
to be polluted as identified under Art. 5(2), point (d), to identify relevant andfeasible measures as required in paragraph 3 of this Annex.

2.

Objectives for the reduction of pollution from storm water overflows ▌, including thefollowing:(a)an indicative non-binding objective that storm water overflow ▌ represents a small
percentage that cannot be more than 2% of the annual collected urban wastewaterload calculated in dry weather conditions.

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This indicative non-binding objective shall be met by:(i)

31 December 2039 for all agglomerations of 100 000 p.e. and above;(ii)

31 December 2045 for agglomerations of 10 000 p.e. and above referred to in
Article 5;(b)3.

the progressive reduction of macroplastics.

The measures to be taken to achieve the objectives referred to in point 2 in accordancewith the deadlines set in paragraph 2 of this Annex accompanied with a timeline for the
implementation of the measures and a distinction between measures already in place
and to be taken. It shall also contain a clear identification of the actors involved and their
responsibilities in the implementation of the integrated plan.

4.

When assessing which measures to be taken under point 3, Member States shall ensure that
their competent authorities consider at least the following:(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 in urban areas
in order to reduce storm water overflows or limiting impermeable surfaces in the
agglomerations;(b)secondly, measures to better manage and optimize the use of existing infrastructure
including collecting systems, storage volumes, urban wastewater treatment plants
with the aim to ensure that releases of untreated urban wastewater or polluted urban
runoff into receiving waters are minimised;7108/24
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(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, where relevant, or the creation of new infrastructures witha priority to green and blue infrastructure vegetated ditches, treatment wetlands andstorage ponds designed in order to support biodiversity. Where relevant, water reuseshall be considered in the context of the development of the integrated urban
wastewater management plans referred to in Article 5.

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▌
Annex VI
INFORMATION TO THE PUBLIC(1)

The competent authority and the operator(s) responsible for urban wastewater collection
and treatment services, including information on the ownership structure of the operatorsand their contact information.

(2)

The total urban wastewater load expressed in population equivalents (p.e.) generated in the
agglomeration, with details on the share of that load (in %) that is:

(3)

(a)

collected and treated in urban wastewater treatment plants;(b)treated by registered individual systems;(c)

not collected or treated.

Where relevant, a justification for why a certain load of urban wastewater is not collectedor treated.

(4)

Information on the quality of the urban wastewater discharged from the agglomeration toeach receiving water body, including the following elements:(a)annual average concentrations and the load of pollutants covered by Article 21
released by each urban wastewater treatment plant;(b)

an estimate of the load of the discharges from individual systems for the parametersreferred to in Tables 1 and 2 of Annex I;(c)for agglomerations above 10 000 p.e., an estimate of the load of the discharges fromcombined sewer and ▌ storm water overflows for the parameters referred to in
Tables 1 and 2 of Annex I.

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(5)

total annual investment costs and total annual operational costs, with a distinction between
collection and treatment costs, total annual costs related to staff, energy, consumables,
administration and other costs as well as average annual investment and operational costs
per ▌ cubic meter of urban wastewater collected and treated, and per average household
where costs are recovered totally or partly through a water tariff system or per
agglomeration level in other cases;(6)

information on how the costs referred to in point 5 are covered and, where costs arerecovered through a tariff system, information on the structure of the tariff per cubic meterof urban wastewater collected and treated information on the structure of the tariff either
per cubic meter of urban wastewater collected and treated or per cubic meter of watersupplied, including fixed and variable costs and a breakdown between costs for collection,
treatment, administration and other costs;(7)

investment plans for urban wastewater collection and treatment infrastructures at
agglomeration level, with foreseen impacts on urban wastewater services tariffs, andintended financial and societal benefits;(8)

for each urban wastewater treatment plant of 10 000 p.e. and above:(a)the total load (in p.e.) treated and the energy required to treat the urban wastewater(in kWh total and per cubic meter);(b)

the total renewable energy produced (GWh/year) each year, including a breakdown
per source of energy;▌(9)the total direct greenhouse gas emissions (in tonnes of CO2 equivalent) produced or
avoided per year by the operation of urban wastewater collection and treatment
infrastructures of 10 000 p.e. and above in each agglomeration and, when available, thetotal indirect greenhouse gas emissions (in tonnes of CO2 equivalent) produced notably
during the construction of those infrastructures;

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(10)

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 thisDirective.

(10a)upon justified request, consumers shall be given access to historical data for information
under points (2), (4), (8) and (9), dating back up to 10 years, and not earlier than [OPplease insert the date=day of entry into force of the Directive].
ANNEX VII
Part A
Repealed Directivewith list of the successive amendments thereto(referred to in Article [19])Council Directive 91/271/EEC(OJ L 135, 30.5.1991, p. 40)
Commission Directive 98/15/EC(OJ L 67, 7.3.1998, p. 29)
Regulation (EC) No 1882/2003 of the

only Annex III, point 21

European Parliament and of the Council(OJ L 284, 31.10.2003, p. 1)
Regulation (EC) No 1137/2008 of the

only Annex, point 4.2

European Parliament and of the Council(OJ L 311, 21.11.2008, p. 1)
Council Directive 2013/64/EU

only Article 1(OJ L 353, 28.12.2013, p. 8)7108/24
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Part B
Time-limits for transposition into national law
Directive

Time-limit for transposition

91/271/EC

30 June 1993

98/15/EC

30 September 1998

2013/64/EU

31 December 2018 as regards
Article 1(1), (2) and (3)30 June 2014 as regards
Article 1(5), point (a)31 December 2014 as regards
Article 1(5), point (b)____________

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CORRELATION TABLE

Directive 91/271/EC

This Directive

Article 1

Article 1

Article 2, introductory wording

Article 2, introductory wording

Article 2, points 1 to 4

Article 2, points 1 to 4-

Article 2, points 5 and 6

Article 2, point 5

Article 2, point 7-

Article 2, points 8 and 9

Article 2, point 6

Article 2, point 10

Article 2, point 8

Article 2, point 11-

Article 2 ,points 12 and 13

Article 2, point 10

Article 2, point 14

Article 2, point 11

Article 2, point 15-

Article 2, point 16 to 23

Article 3(1)Article 3(1)-Article 3(2)Article 3(2)Article 3(3)Article 3(1) third subparagraphArticle 4(1)-Article 4(2)7108/24
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-

Article 4(3)-Article 4(4)-Article 4(5)-Article 5

Article 4(1)Article 6(1)-Article 6(2)-Article 6(3)Article 4(4)Article 6(4)-Article 7(1)-Article 7(2)Article 5(2)Article 7(3)-Article 7(4)Article 5(4)Article 7(5)Article 5(5)Article 7(6)Article 5(7)Article 7(7)-Article 8-

Article 9-

Article 10-

Article 11

Article 9

Article 12(1)-Article 12(2)7108/24
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Article 10

Article 13

Article 11(1)Article 14(1)-Article 14(2)-Article 14(3)Article 11(3)Article 14(4)-Article 15(1)Article 12(2)Article 15(2)Article 12(3)Article 15(3)-Article 16-

Article 17-

Article 18-

Article 19-

Article 20

Article 15(1)Article 21(1)-Article 21(2)-Article 21(3)-Article 22

Article 17(1)Article 23(1)-Article 23(2)-Article 23(3)-Article 23(4)7108/24
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-

Article 24-

Article 25-

Article 26-

Article 27

Article 18

Article 28-

Article 29-

Article 30-

Article 31-

Article 32

Article 19

Article 33-

Article 34

Article 20

Article 35

Annex I

Annex I(A)Annex I(B)Annex I(B)Annex I(C)Annex I(C)Annex I(D)

Annex I(D)

Annex II

Annex II-

Annex III

Annex III

Annex IV-

Annex V-

Annex VI

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-

Annex VII-

Annex VIII

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