Il COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 518 final 
Brussels, 13 November 1989 
Proposal for a 
COUNCIL DIRECTIVE 
concerning municipal waste water treatment 
(presented by the Commission) 
&*v <n/-^ 
EXPLANATORY MEMORANDUM 
I. Introduction 
In 1988, initiatives were taken towards a new and more 
effective Community water policy. The European Council 
at Hannover invited the Commission and the Counci I to 
intensify their efforts to combat and prevent air and 
water pollut ion. The Environment CounciI in its 
—~'"'Hiso I ut i on of 28 June 1988 invited the Commission to 
subm i t proposa i s for measures requI red at Commun i ty I eve I 
for the treatment of municipal sewage, In the I ight of 
the conclusions of the Community water Policy Ministerial 
Seminar in Frankfurt on 27 and 28 June 1988. 
I J. The need for a directive 
The general concern for municipal waste water quality is 
due to the environmental detrimental effect of their 
effluents which in many cases are not sufficiently 
treated to avoid pollution. Uiithin the Community there 
ars more discharges of municipai waste water than from 
3 _ 
any other source. The volume of these discharges varies 
depending on whether the discharges are from small 
villages of a few hundred people or from cities of 
several mill ions. 
Discharges are made to all parts of the Community's 
aquatic environment to seas, estuaries, rivers, lakes and 
streams. 
A survey undertaken for the Commission in 1984 showed 
about 30,000 municipal waste water treatment plants in 10 
Member States, of which over 1200 received waste water 
from populations of greater than 50.000, and at least 32 
from cities of more than half a million. However, in 
general terms only about 45% of the total organic load 
was treated at that time. 
The detrimental effects of municipal waste waters are 
self-evident in many of the Community waters. At the 
most superficial level, the discharge of untreated 
municipal waste waters can cause obnoxious conditions and 
so reduce the amenity value of rivers, lakes, estuaries 
and coasts. In freshwater, the reduction of dissolved 
oxygen, the introduction of ammonia and high loads of 
suspended solids can seriously reduce the ecological 
quality, thus affecting a wide range of natural flora and 
fauna including fish. The reduction in water quality can 
also seriously affect water intended for abstraction and 
human consumpt ion. In the sea, mun ic ipa I waste water 
d i scharges can make waters unsu i tab Ie for bath i ng and 
she I IfIsh cu11ivation. 
Nor should the industrial contribution to municipal waste 
waters be overlooked. For historical reasons, industrial 
wastes, many without preliminary treatment, drain into 
collecting systems and are carried to municipal waste 
water treatment plants. As a consequence, discharges 
from municipal waste water treatment plants even after 
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i 
I 
treatment are not always satisfactory, and sewage sludge 
is not of a qua I ity suitable for recyc I ing or for 
disposal. 
11 shou Id a I so be noted that over the I ast decade, 
eutrophication has become a major problem in Community 
waters, especially in seawater and in some rivers and 
lakes. *ïh»3 proposal for a directive related to municipal 
waste water treatment plants, together with the already 
proposed directive concerning the protection of fresh, 
coastal and marine waters against pollution caused by 
nitrates from diffuse sources^), provides, inter aiiâ, 
an opportunity for the Community to take action to 
control the discharge of the two major nutrients 
(nitrogen and phosphorus) which are responsible for 
eutrophication. The need for Community action is 
reinforced by the transfrontier movement of nutrients, 
both in freshwater and the seas. 
III. Proposed Commun Ity Act ion 
A. Requirements for discharges from treatment plants 
The proposed directive lays down minimum requirements for 
the treatment of municipal waste water and for the 
disposal of sludge. Because of the varied assimilative 
capacity of the waters into which treated waste waters 
are discharged, It is proposed that the receiving waters 
be classified into three types. It is proposed that in 
general, secondary (biological) treatment will be 
required as a minimum level of treatment. in more 
sensitive areas, additional treatment will be required to 
misât specific environmental needs, such as reduction of 
t| nutrlsnts (for uihlcn there are specific provisions) 
- roductI on of bactsr)o, Gtc. 
5 [ )) 0. ë~ 0 54, 5.5,19^9» a-
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On the question of discharges to coastal waters, the 
Comm i ss i on be Ii eves that in pr i nc i pIe, all mun i c i pa I 
waste water discharged to marine waters should be given a 
h i gh degree of treatment. 
However, if it can be proved through comprehensive 
studies that, in zones with favourable hydrographie 
conditions, discharges of waste water after primary 
treatment can satisfy the relevant water quality 
directives and other environmental requirements, such 
treatment could be given to these municipal waste waters. 
B. Particular industrial discharges 
The directive also seeks to control the discharge of 
industrial waste waters which are of a nature similar to 
municipal waste water and which do not enter municipal 
waste water treatment plants before discharge to the 
environment. The Commission felt that it was 
i nappropr i ate to requ i re Member States to i ntroduce what 
might be costly measures to control municipal waste 
waters while ignoring discharges of comparable waste 
waters from industrial sources, particularly where these 
dIscharges occur near to one another. 
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C. Disposal of sludges at sea 
The Commission also thinks that the discharge of sewage 
sludge to sea by pi pel ine or by ship should be phased 
out. In addition, from the time of the notification of 
the d i rectIve, Member States are requ i red to ma i nta i n a 
standstill on the amounts of sludge disposed to sea, and 
to reduce the amounts of toxic, persistent and 
bioaccumuIabIe substances present. It should be stressed 
that the riparian Member States of the North Sea have 
already subscribed to such a commitment in the framework 
of the second International Conference for the Protection 
of the North Sea. 
D. The proposed Committee 
National practices related to municipal waste water 
treatment vary widely within the Community. The 
Commission has therefore considered in the directive only 
the main provisions for municipal waste water treatment, 
and is proposing that certain details can best be dealt 
with by a Regulatory Committee (which can also meet as an 
advIsory Comm i ttee). 
The Comm i ttee cou Id dea I w I th matters such as gu i de Ii nes 
for the design of collecting systems, the quality of 
industrial waste water entering municipal systems, 
identification of sensitive areas, methods and frequency 
of sampling, the monitoring of the environment subject to 
municipal waste water discharges, or sludge disposal to 
sea and the report i ng system and nat i onaI programmes. 
E. Nat IonaI programmes 
It should be underlined that the whole proposal has been 
conceived bearing in mind the principle of 
'subs Id i arIty'. Th i s means that act i on shouId be taken 
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at a Commun i ty I eve I when th i s is necessary to ach i eve 
the objectives set out in Article 130 R of the Treaty. 
In the circumstances, the key for the implementation of 
the proposed directives will be the obligation for Member 
States to establish National programmes, to regularly 
update them and to provide information to the Commission. 
Formats to present this information in the most efficient 
(and the least possible burocratic) way will be set up by 
the Commission with the assistance of the above mentioned 
Committee. Such a procedure will provide the possibility 
of having an "ex-ante" assessment of the national 
programmes as we I I as a continuous monitoring of the 
progress made in their achievement. 
F. Access of the public to information 
The information to be provided by the Member States about 
the implementation of the directive and on its impact on 
the env i ronment will perm i t the Comm i ssI on to pub Ii sh a 
report at intervaIs. However, Member States will also be 
required to make available to the public information on 
the operation and monitoring of treatment plants and on 
the discharges. Such information should be made 
ava I Iab Ie in a form whIch is both access ib Ie and 
comprehensive, in line with the orientation of the 
Commission's proposal for a Council Directive on the 
freedom of access to information on the environment (O.J. 
C 335 of 30.12.1988, p.5). 
G. TraIninq 
The proposed directive will lead to the construction or 
improvement of many waste water treatment pI ants, some of 
a high level of sophistication. There will be a 
requirement for staff to deal with design, construction, 
operation and the provision of technical/seientific 
support. For some States, the demand for skilled staff 
will far outstrip the resources available, and they wiil 
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need to Increase the i r tra i n i ng faciIi t i es at a I I I eve I s 
to overcome these difficulties. It is therefore proposed 
that Member States shouId ass ist each other. In 
add i 11 on, the CommIss i on wI I I a I so i nst i gate and promote 
any i n11 i at i ves in th i s field. 
-8-
Proposal for a 
COUNCIL DIRECTIVE 
concerning municipal waste water treatment 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 130s thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas, the Council Resolution, of 28 June 1988 (1) invited 
the Commission to submit proposals for measures required at any 
level for the treatment of municipal sewage; 
Whereas pollution due to insufficient treatment of waste water 
in one member State often influences other member States' 
waters; and therefore in accordance with article 13OR (4), 
action at Community levels is necessary; 
Whereas to prevent the environment from being adversely affected by 
the disposal of insufficiently-treated municipal waste water, 
there is a general need for secondary treatment of municipal 
waste water; 
Whereas it is necessary in sensitive areas to require more 
stringent treatment and whereas in some less sensitive marine 
areas a primary treatment could be considered appropriate; 
Whereas industrial waste water entering collecting systems as 
well as the disposal of waste water and sludge from municipal 
waste water treatment plants should be subject to 
authorisation; 
Whereas similar requirements for treatment, as those for 
municipal waste water, should be applied for direct discharges 
of industrial waste water, when the industrial waste water is 
of a nature similar to municipal waste water; 
Whereas the recycling of sludge should be encouraged; whereas when sludge 
is used for agricultural purposes use is to take place in conformity with 
Council Directive 86/278/EEC (2); whereas the disposal of sludge at sea 
should be phased out; 
Whereas it is necessary to monitor treatment plants, 
receiving waters and land, to control treatment processes and to 
ensure that the discharge of waste water does not adversely 
affect the environment; 
(1) 0J No C 209, 9.8.1988, p. 3. 
(2) 0J No L 181, 4.7.1986, p. 6. 
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Whereas information of the general public by publication of 
reports and the public accessibility of all information 
and monitoring data related to municipal waste water treatment 
plants is of great importance; 
Whereas the establishment and the presentation to the Commission 
of national programmes by Member States will help 
ensure the coordination of the necessary measures to be taken 
to achieve the aims of this Directive; 
Whereas, in order to improve and accelerate practical 
implementation of this Directive, the technical content of the 
Annexes must, where appropriate, be speedily elaborated or 
amended and whereas, in order to facilitate application of the 
measures required for this purpose, provision should be made 
for a uniform procedure establishing close cooperation between 
the Member States and the Commission ; 
Whereas, in order further to facilitate implementation of this 
Directive, provision should equally be made for a 
committee to assist the Commission, in an advisory capacity, on 
any matter falling within the Commission's powers of 
implementation which the Commission may submit to this 
committee; 
Whereas it is useful that the Commission take measures to 
help Member States assist each other in the provision of 
training for staff and exchange of technical/scientific 
information to improve the efficiency of municipal waste water 
treatment; 
Whereas Member States may take more stringent measures than 
those provided for under this Directive, 
HAS ADOPTED THIS DIRECTIVE : 
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Article 1 
This Directive concerns the provision of municipal waste water 
treatment and related matters. 
The objective of the Directive is to prevent the environment 
from being adversely affected by municipal waste water 
discharges. 
Article 2 
The definitions of the terms given in Annex I shall apply for the purposes 
of this Directive. 
Article 3 
1. Member States shall ensure that, by 31 December 1998, 
all municipalities are provided with collecting systems for 
municipal waste water. 
2. Collecting systems described in paragraph 1 shall satisfy the 
requirements of Annex II (A).These requirements may be 
elaborated or amended in accordance with the procedure laid down 
in Article 18. 
Article 4 
1. Member States shall ensure that, by 31 December 1998, 
municipal waste water entering collecting systems shall 
before discharge be subject to secondary treatment or 
an equivalent process, in the following circumstances: 
- for discharges to fresh water and estuaries from 
municipalities representing 2,000 p.e. or more; 
- for discharges to coastal waters from municipalities 
representing 10,000 p.e. or more; 
2. Discharges from municipal waste water treatment plants 
described in paragraph 1 shall satisfy the relevant requirements 
of Annex II B. These requirements may be elaborated or 
amended in accordance with the procedure laid down in Article 18. 
3. The load expressed in p.e. shall be calculated on the basis 
of the maximum daily load entering the treatment plant 
during the year excluding unusual situations such as those 
due to heavy rain. 
Article 5 
1. Member States shall by 31 December 1991 identify, for the p'..;eposes of 
paragraph 2, sensitive areas according to criteria '..nid down in 
Annex III. 
2. Member States shall ensure that, by 31 December 
1998, municipal waste water entering collecting 
systems shall before discharge into sensitive areas be 
subject to more stringent treatment than that described in 
Article 4 in the following circumstances: 
- for discharges to fresh water and estuaries, from 
municipalities representing 2,000 p.e. or more; 
- for discharges to coastal waters, from municipalities 
representing 10,000 p.e. or more. 
3. Member states shall ensure that the identifications of 
sensitive areas are reviewed at intervals of no more than 4 
years. 
4. Discharges from municipal waste water treatment plants 
described in paragraph 2 shall satisfy the relevant requirements 
of Annex II B. These requirements may be elaborated or 
amended in accordance with the procedure laid down in Article 18. 
Article 6 
1. Member States may identify by 31 December 1991, for the purposes of 
paragraph 2, less-sensitive areas according to criteria laid down 
in Annex III. 
2. Municipal waste water discharges to coastal waters situated 
in areas described in paragraph 1, may be subjected to less 
stringent treatment than prescribed in Article 4 providing that: 
- such discharges receive at least primary treatment; 
- comprehensive studies indicate that such discharges will 
not adversely affect the environment. 
3. Member States shall ensure that the identifications of less 
sensitive areas are reviewed at intervals of no more than 4 
years. 
Article 7 
Member States shall ensure that, by 31 December 1998, 
municipal waste water entering collecting systems 
shall before discharge be subject to appropriate treatment, in 
the following circumstances: 
- for discharges to freshwater and estuaries from 
municipalities representing less than 2,000 p.e.; 
- for discharges to coastal waters from municipalities 
representing less than 10,000 p.e. 
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Article 8 
Where waters within the area of jurisdiction of a Member 
State are adversely affected by discharges of municipal 
waste water from another Member State, the Member State 
whose waters are affected may notify the other Member State 
and the Commission of the relevant facts. 
In such cases, the Member State from which the discharges 
originate shall take action to identify the relevant 
discharges in its country and shall take action as if the 
affected waters were within its area of jurisdiction. 
Article 9 
Member States shall ensure that the municipal waste water 
treatment plants described in Articles 4, 5, 6 and 7 are 
designed and constructed to maintain sufficient performance 
under all normal climatic conditions. When designing the 
plants, seasonal variations of the load shall be taken into 
account. 
Article 10 
1- Member States shall ensure that, before 31 December 
1991, industrial waste water which enters 
collecting systems and municipal waste water treatment 
plants are subject to prior authorisation by the competent 
authority. 
2. Authorisations shall satisfy the requirements of Annex II C. 
These requirements may be elaborated or amended in accordance 
with the procedure laid down in Article 18. 
3. Competent authorities shall also ensure that the 
authorisations referred to in paragraph 1 comply with any 
other relevant Community Directive. 
4. Competent authorities shall ensure that authorisations are 
reviewed at intervals of no more than 4 years in order to be 
able, inter alia, to implement other international 
commitments. 
Article 11 
1. Competent authorities shall ensure that, before 
31 December 1998, the disposal of waste water and of 
sludge from municipal waste water treatment plants is 
subject to authorisation. 
? Authorisations of discharges from municipal waste v/ater 
treatment plants made pursuant to paragraph 1 shall contain 
conditions to satisfy the relevant requirements of Annex II 
B. These requirements may be elaborated or amended in 
acccrdance with the procedure laid down in Article 18. 
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3. Competent authorities shall insure that authorisations are 
reviewed at intervals of no more than 4 years. 
Article 12 
Member States shall ensure that, before 31 December 1998, 
industrial waste waters which 
- are of a nature similar to municipal waste water, 
- do not enter municipal waste water treatment plants 
before discharge to receiving waters, 
shall be considered for the purpose of this Directive as 
municipal waste waters and be subject to the relevant 
provisions of this Directive. 
Article 13 
1. Sludge arising from waste water treatment shall be recycled 
whenever possible. When used for agricultural purposes, 
use shall take place in conformity with the 
provisions of Directive 86/278/EEC. Disposal routes shall 
minimise the effects on the environment. 
2. Member States shall, before 31 December 1998, eliminate the disposal 
of sludge to sea by dumping from ships, by discharge from pipelines, 
or by other means. 
3. Until the elimination of disposal mentioned in paragraph 2, 
Member States shall ensure that: 
- the total amount of dry matter present in sludge disposed 
of at sea does not increase, 
- the amounts of toxic, persistent or bioaccumulable 
materials contained therein are progressively reduced 
to comply inter alia with any relevant international 
commitments. 
Article 14 
1. Competent authorities shall monitor: 
- discharges from municipal waste water treatment plants to 
verify compliance with the requirements of Annex II B; 
- amounts and composition of sludges. 
2. Competent authorities shall monitor waters subject to 
discharges from municipal waste water treatment plants and 
direct discharges according to Article 12 to verify that the 
environment is not adversely affected. 
2. In the case of a discharge subject to the provisions of 
Article 6 and in case of a disposal of sludges subject to 
the provisions of Article 13, Member States shall monitor 
and carry out any other relevant studies to verify that the 
discharge or disposal do not adversely affect the 
environment. 
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4. Information collected by competent authorities in complying 
with paragraphs 1, 2 and 3 and other relevant information shall 
be retained by the Member State and made available to the 
Commission within 3 months of receipt of a request. 
5. Guidelines on monitoring mentioned in paragraphs 1, 2 and 3 may be 
elaborated following the procedure laid down in Article 18. 
Article 15 
1. Member States shall ensure that, before 31 December 
1991, the following information related to municipal 
waste water treatment plants is made available to the public 
promptly upon request, and in a form which is accessible and 
comprehensible : 
- a catalogue, where necessary supplemented by maps, to 
enable a particular discharge or location to be traced, 
including the type of treatment given; 
- authorisations for the discharges from municipal waste 
water treatment plants to receiving waters or to land, and 
for the disposal of sludge to sea; 
- results of the monitoring of discharges from municipal 
waste water treatment plants, and of the amount and 
composition of sludge; 
- results of the monitoring of waters subject to discharges 
from municipal waste water treatment plants, and of sea 
areas subject to the disposal of sludge. 
2. The detailed arrangements for the provision of information 
described in paragraph 1 shall be determined by the competent 
authorities. 
3. in the case of the third indent of paragraph 1, the local public 
shall also be informed in the most appropriate way, for 
example by publication in local newspapers, by bill-posting 
in public places, or at the offices of the relevant 
operating body. 
4. Member States shall ensure that every year, the relevant 
authorities publish and disseminate a situation report on 
the disposal of municipal waste water and sludge in their 
area. These reports shall be transmitted to the Commission 
by the Member States as soon as they are published. 
Article 16 
1. Member States shall establish, before 31 December 1991, a 
programme for the implementation of this Directive. 
2. Member States shall, before 31 December 1991, provide 
the Commission with information on the programme. 
3. Member States shall provide the Commission by 30 June each 
year with an update of the information described in paragraph 2 
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4. The information described in paragraphs ?. and 3 shall be prepared 
on the basis of Annex IV. This Annex as well as formats for 
the provision of this information may be elaborated or 
amended in accordance with the orocedure laid down in Article 18. 
D . Member States shall keep and make available any further 
relevant information requested by the Commission. 
0. The Commission shall review and assess the information 
ralaced to this Directive and publish a report at intervals. 
Article 17 
1. A Regulatory Committee, hereinafter called "the Committee'', 
is hereby s«^t up to bring about the elaborations and 
amendments providec* for in Articles 3, 4, 5, 10, 11 and 16. It 
shall be composed of the representatives of the Member 
States and chaired hy the representative of the Commission. 
2. The Committee shall equally assist the Commission on any other 
matter which the Commission may submit to the Committee. The 
Committee shall act in those circumstances in an advisory 
capacity and proceed without a vote. 
3. The Committee shall adopt its own rules of procedure. 
Article 18 
i. Where the procedure laid down in this Article is to be 
followed, the matter shall be referred to the Committee by 
its chairman. 
2. The representative of the Commission shall submit to the 
Committee a draft of the measures to be taken. The Committee 
shall deliver its opinion on the draft withir. a 
tim« limit which the chairman may lay down according to the 
urgency of the matter. The opinion shall be delivered by the 
majority laid down in Article 148 (2) of the Treaty in the 
case of decisions which the Council is required to adopt on 
a proposal from the Commission. The votes of the 
representatives of the Member States within the Committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not vote. 
3. (a) the Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
(b) If the measures envisaged are not in accordance with the 
opinion of the Committee, or if no opinion is delivered, 
the Commission shall, without delay, submit to the 
Council a proposal relating to the measures tn be taken. 
The Council shall act by a qualified majority. 
(c) iff on the expiry of ^hree months from the date of referral to 
thr- council, the Council has not acted, the proposed measures 
shall be adopted by the f.ommirsion. 
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Article 19 
Where appropriate, one or more Member States may individually 
or jointly take more stringent measures than those provided for 
under this Directive. 
Article 20 
1. Member States shall ensure that those responsible for the 
design, construction, operation and technical/scientific 
support of municipal waste water treatment plants and 
related equipment are properly qualified to undertake their 
duties. 
2. To that end, the Commission may consult the Committee on 
measures to help Member States to assist each other in the 
provision of training of staff at all levels and any other 
initiative which will promote an improvement of the 
performance of municipal waste water treatment plants and 
related equipment. 
Article 21 
1. Member States shall bring into force the laws, regulations 
and administrative provisions necessary to comply with this 
Directive no later than 31 December 1991. They shall forthwith inform 
the Commission thereof. 
2. Member States shall communicate to the Commission the texts 
of the main provisions of national law which they adopt in 
the field governed by this Directive. 
3. The provisions adopted pursuant to paragraph 1 shall make 
express reference to this Directive. 
Article 22 
This Directive is addressed to the Member States. 
Done at For the CounciI 
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À,' 
& ANNEX I I 
I DEFINITIONS 
! For the purpose of this directive: 
( 1) "Appropriate treatment" means: treatment of municipal waste 
water by a process which after discharge allows the 
receiving waters to meet the objectives of this or any 
other relevant Community directive. 
I 2) "Collecting system" means: a system of conduits which 
î collects and conducts municipal waste water to a municipal 
j waste water treatment plant. 
\ "Domestic waste water" means: waste water originating from 
households and being predominantly of human origin. 
4) "Sutrophic" means: the enrichment of water by nutrients, 
especially compounds of nitrogen and phosphorus, causing an 
accelerated growth of algae and higher forms of plant life 
to produce an undesirable disturbance to the balance of 
organisms and to the quality of the water concerned. 
5) "Industrial waste water" means: waste water other than 
domestic waste water and urban run off water. 
6) "Municipalitv" means: an area of sufficiently concentrated 
habitat where it is practicable for municipal waste water 
to be collected and conducted to a municipal waste water 
treatment plant. 
7) "Municipal waste water" means: the mixture of domestic 
waste water, industrial waste water and urban run off water 
entering collecting systems. 
8) "Municipal waste water treatment plant" means: an 
installation which treats municipal waste water before 
discharge to receiving waters or land. 
9) "p.e. (population equivalent)" means: the organic 
degradable load having a 5 day Biochemical Oxygen Demand 
(BOD 5) of 60 g 02. 
10) "Primary treatment" means: treatment of municipal waste 
water by a physical process involving settlement of 
suspended organic solids, or other processes in which the 5 
day BOD of the incoming waste water is reduced by 20 to 
40%. 
11) "Secondary treatment" means: treatment of municipal waste 
water by a process involving biological treatment with a 
secondary settlement. 
12) "Sludge" means residual sludge, whether treated or 
untreated, from municipal waste water treatment plants, or 
septic tanks. 
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ANNEX II 
REQUIREMENTS FOR MUNICIPAL WASTEWATER 
A. Collecting systems -~* 
v. * 
Collecting systems shall take into account existing and future "f 
waste water treatment requirements. 4 
The design of collecting systems shall be undertaken according ~~ 
to the best technical knowledgek notably regarding: 
- Volume and characteristics of municipal waste water. 
- Prevention of leaks. 
- Limitation of pollution of receiving waters due to storm 
water overflows or malfunction of wastewater treatment 
plants. 
B. Discharge from municipal waste water treatment plants to 
receiving waters 
1. Discharges from municipal waste water treatment plants 
subjected to treatment according to article 4 and 5 shall 
meet the requirements for composition and percentage 
reduction of the parameters shown in Table 1. 
2. Discharges from municipal waste water treatment plants to 
those sensitive areas which are subject to eutrophication, 
shall meet the reguirements for composition and percentage 
reduction of the parameters shown in Table 2. 
3. More stringent requirements or requirements for additional 
parameters than those shown in Tables 1 and/or 2 shall be 
applied where required to ensure that the receiving waters 
satisfy any other relevant directives. 
4. Wastewater treatment plants shall be designed or modified so 
that representative samples of the incoming waste water and 
of treated effluent can be obtained before discharge to 
receiving waters. 
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C. Industrial vaste water 
Industrial waste water entering collecting systems and 
municipal waste water treatment plants shall be subject to such 
pre-treatment as is required in order to: 
- protect the health of staff working in collecting systems and 
treatment plants, 
- ensure that collecting systems, waste water treatment plants 
and associated equipment are not damaged, 
- ensure that the operation of the waste water treatment plant 
and the treatment of sludge are not impeded, 
- ensure that discharges from the treatment plants do not 
adversely affect the environment, or prevent receiving water 
from complying with other Community Directives, 
- allow sludge to be disposed of safely to other media. 
•5fc, • 
Table 1: Requirements for discharge from municipal waste water treatment plants subject to 
Article 4 and 5. The value for average concentration or the percentage of reduction 
shall be applied. 
PARAMETERS 
Biochemical oxygen 
demand (B0D5 at 
20 °C) without 
nitrification 
(1) 
Chemical oxygen 
demand (COD) 
Total suspended 
solids EXPRESSION OF 
RESULTS 
mg/1 o2 
mg/1 02 
mg/1 MAXIMUM 
DAILY AVERAGE 
CONCENTRATION 
25 
100 
30 PERCENTAGE 
OF REDUCTION 
70-90 
75 (2) REFERENCE METHOD OF 
MEASUREMENT 
Determination of dissolved 
oxygen before and after 
five-day incubation at 
20'C + 1°C, in complete 
darkness. Addition of a 
nitrification inhibitor 
Potassium 
dichromate method 
- Filtering through a 
0,45 jam. filter 
membrane. 
Drying at 105CC and 
weighing. 
- Centrifuging (for at 
least 5 mins with mean 
acceleration of 2 800 
to 3 200 g), drying at 
105°C weighing. 
(1) This 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 substitute parameter. 
The relationship shall be controlled every 6 months. 
(2) Minimum percentage of reduction. 
Table 2: Requirements for discharges from municipal waste water treatment plants to those sensitive 
areas which are subject to eutrophication. One or both parameters may be applied depending 
of the local situation. 
PARAMETERS 
Total 
phosphorus 
Total 
nitrogen EXPRESSION OF 
RESULTS 
mg/1 P 
mg/1 N MAXIMUM 
AVERAGE 
CONCENTRATION 
1 
(1) 
10 
(2) MINIMUM 
PERCENTAGE 
OF REDUCTION 
80 
80 REFERENCE METHOD OF 
MEASUREMENT 
Molecular adsorption 
Spectrophotometry 
Molecular adsorption 
Spectrophotometry I 
(1) Daily average concentration. 
(2) Annual average concentration; daily average should not exceed 20 mg/1 
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ANNEX III 
CRITERIA FOR IDENTIFICATION OF SENSITIVE AND LESS SENSITIVE 
AEEAS 
A. Sensitive areas 
A water body shall be identified as a sensitive area if it 
falls into one of the following groups: 
(a) natural freshwater lakes, other freshwater bodies, 
estuaries, coastal waters and seas which are found to be 
eutrophic or which in a short time 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: 
(i) Lakes and streams reaching lakes/reservoirs/closed 
bays which are found to have a poor water exchange, 
whereby accumulation may take place. In these areas, 
the removal of phosphorus should be included unless it 
can be demonstrated that the removal will have no 
effect on the level of eutrophication. Where 
discharges from large municipalities are made, the 
removal of nitrogen may also be considered. 
(ii) Estuaries, bays and other coastal waters and seas 
which are found to have a poor water exchange, or 
which receive large quantities of nutrients. 
Discharges from small municipalities are usually of 
minor importance in those areas, but for large 
municipalities, the removal of phosphorus and nitrogen 
should be included unless it can be demonstrated that 
the removal will have no effect on the level of 
eutrophication. 
(b) Surface freshwaters intended for the abstraction of 
drinking water which could contain more than 50 mg/1 
nitrate if protective action is not taken. 
(c) Areas where treatment according to Article 4 is inadequate 
to protect the environment or to allow the use of water for 
specific purposes, or where further treatment than that 
prescribed in Article 4 is necessary to fulfil Council 
Directives, and other international commitments. 
(d) Areas of high ecological quality due to the flora and fauna 
present and other areas which are important from a 
scientific or nature protection point of view. 
B. Less sensitive areas 
A marine water body or area can be identified as a less 
sensitive area if the discharge of waste water does not 
adversely affect the environment due to morphology, 
hydrology or specific hydraulic conditions which exist in 
that area. 
When identifying less sensitive areas, Member States shall 
take into account the risk that the discharged load may be 
transferred to adjacent areas where it can cause detrimental 
environmental effects. Member States shall recognise the 
presence of sensitive areas outside their national 
jurisdiction. 
The following elements shall be taken into consideration 
when identifying less sensitive areas: 
a. Open bays and other coastal waters and seas with a good 
water exchange and not subject to eutrophication or oxygen 
depletion or which are considered unlikely to become 
eutrophic or to develop oxygen depletion due to the 
discharge of municipal waste water. 
b. Coastal marine areas which do not require a high level of 
municipal waste water treatment due to the specific use of 
that area. 
-24-
ANNEX IV 
REPORTING OF NATIONAL PROGRAMMES 
The Commission shall elaborate the methods and formats to be 
adopted for reporting the national programmes. 
The following points should be taken into consideration: 
1. Member States shall summarise the existing arrangements for 
municipal waste water treatment and their future actions to 
implement this directive. 
2. The programme shall give brief details of the national 
strategy including major schemes and time tables for the 
actions as well as any other relevant information. The 
timetable shall deal with periods of 5 years. 
3. Information shall be given on costs of the programme 
indicating capital investments and operating costs for the 
collection, treatment and disposal of municipal waste water 
and sludge. 
4. Identification of sensitive areas as well as less sensitive 
areas including a short explanation. The location of the 
areas shall be shown on maps. 
5. A short overview of the actual loads of municipal waste 
water discharged to fresh water, estuaries, coastal waters 
and land. Where insufficient data exist, estimates should be 
made using available information. 
6. Any other matters which the Commission considers will assist 
the implementation of this directive. 
7. Whenever possible use should be made of tables, maps and 
other means of simplifying the presentation of data. 
£ 
2f 
FINANCIAL 8TATBAENT 
1. Budget head i ng 
Chapter A 25 
Item A 2510 
2. Title of Project: Proposal for a Council Directive 
concerning Municipal Waste UJater 
Treatment 
3. LegaI bas i s 
Description and justification of project 
See the annexed proposal for a Council directive 
Proposed cI ass i fI cat i on of expend i ture 
Non-compuIsory expend i ture 
Type of expenditure and method of calculation 
6.1 Type of expenditure 
- costs related to the organisation of two annual 
meetings of the regulatory/advisory committee; 
6.2 Method of calculation 
Two participants per Member State, Two meetings of 
two days per year (Travel expenses) 
Financial implications for operating appropriations 
(including staffing). 
7.1 Total cost over the period proposed: 20.000 ECU per 
year (estimate). 
7.2 Proportion (%) of the total cost of the operation 
to be financed from the Community budget: 
100% 
Rue de lo Loi 200 - B-104» Brussels - Belgium 
Telephone: direct tins 23 telephone exchange 239 11 11 - Telex COMEU 8 21877 - Telegraphic oddreee 0TACUR Bruxelles - T«l«fox 235 01 44 
;• ; - 24-
7.3 TImetabIe 
- from 1991 
7.3.1. Commitment appropriations (in ECU) 
8. The necessary credits will be requested in the norma 
budgetary procedure of com i ng years. 
1 
i 
2> 
COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT RELATED TO THE 
PROPOSED DIRECTIVE ON MUNICIPAL WASTE WATER TREATMENT 
I. What is the main reason for introducing the measure ? 
Request by the Council Resolution 88/C209/02 of 28 June 
1988, for Community legislation to deal with municipal 
waste water. 
II• Features of the businesses in question: 
Not applicable as the directive will require construction 
or extension of waste water treatment plants operated by 
local authorities. 
III. What direct obligations does this measure impose on 
businesses ? 
No direct obligations placed on businesses. 
IV. What indirect obligations are local authorities likely to 
impose on businesses ? 
Only indirect obligations imposed by local authorities are 
a) tighter controls on industrial wastes entering 
municipal waste water collecting systems, 
b) the requirement that industries producing waste waters 
comparable to municipal waste waters (e.g. breweries) 
which discharge directly to receiving waters, should be 
treated in a similar manner to that required for 
municipal waste waters. 
Many of the industrial wastes entering municipal waste 
water systems described in a) are already subject to the 
requirements of the Dangerous Substances Directives, but 
these are not always implemented by Member states. 
Z2 
The proposed directive will require Member States to 
observe these requirements more thoroughly. Many of the 
industrial wastes described in b) are already subject to 
controls to ensure that the receiving waters satisfy other 
water quality directives (Drinking Water, freshwater fish, 
etc.) 4 
V. Are there any special measures in respect of SMEs ? 
No. % 
VI. What is the likely effect on the competitiveness of 
businesses and on employment ? -^ 
f 
i 
The proposals are unlikely to affect the competitiveness * 
of businesses. With regard to employment, the effect is "* 
likely to be positive, as there will be a substantial * 
programme of investment in the design, construction and ^ 
operation of new municipal waste water treatment systems. * 
Increased employment will take place at professional, 
technical, scientific and operative levels. The greatest ~ 
increase is likely to take place in Southern countries, \ 
where relatively fewer municipal waste water treatment \ 
systems already exist. The proposed directive promotes the | 
development of training programmes, and the Commission may i 
submit measures to assist Member States in the provision f 
of training. : 
* 
VII. Have both sides of industry been consulted ? t 
No. 

ISSN 0254-1475 
COM(89) 518 final 
DOCUMENTS 
EN 15 
| Catalogue number : CB-CO-89-477-EN-C 
t 
] 
I ISBN 92-77-53924-0 
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