15. 11. 90 Official Journal of the European Communities No C 287/11 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Directive concerning municipal waste water 
treatment (') 
COM(90) 522 final 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 25 October 1990) 
(90/C 287/06) 
O OJ No C 1, 4. 1. 1990, p. 20 [COM(89) 518 final]. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Visas unchanged 
First recital 
Whereas the Council resolution of 28 June 1988 invited 
the Commission to submit proposals for measures 
required at any level for the treatment of municipal 
sewage; 
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 authorization; 
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; whereas the disposal of sludge at sea 
should be phased out; Whereas the Council resolution of 28 June 1988 invited 
the Commission to submit proposals on the treatment of 
municipal sewage and industrial waste waters and ways 
of reducing the amount of fertilizers from various 
sources; 
Whereas industrial waste water entering collecting 
systems as well as the disposal of waste water and sludge 
from municipal waste water treatment plants must be 
subject to authorization; 
Whereas the recycling of sludge must be encouraged; 
whereas when sludge is used for agricultural purposes 
use is to take place in conformity with Council Directive 
86/278/EEC; whereas the disposal of sludge at sea must 
be phased out in the near future; Second, third and fourth recitals unchanged 
Fifth recital 
Sixth recital unchanged 
Seventh recital 
No C 287/12 Official Journal of the European Communities 15. 11.90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Recital 7a 
(new) 
Whereas with regard to the growing demand for water 
in certain areas the discharge into a liquid medium of 
waste water which is free of dangerous and/or 
non-volatile substances constitutes wastage of a valuable 
resource, which should therefore be recycled; 
Recital 7b 
(new) 
Whereas in order to facilitate the possible extension of 
treatment plants, especially in the event of technological 
progress and changes in regulations, potential capacity 
should be borne in mind as a decisive criterion when 
siting future plants; 
Eight and ninth recitals unchanged 
Tenth recital 
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 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 reports on the application of this 
Directive drawn up by the Member States must be 
published periodically; 
Eleventh recital 
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 to improve and accelerate practical 
implementation of this Directive, the technical content of 
the Annexes must, where appropriate, be supplemented, 
reassessed or amended in the light of new research and 
scientific knowledge; whereas, in order to facilitate 
application of the measures required for this purpose, 
provision should be made for a uniform procedure estab­
lishing close cooperation between the Member States and 
the Commission; 
Twelfth, thirteenth and fourteenth recital unchanged 
Recital 14a 
(new) 
Whereas municipalities should instal waste water 
treatment plants in parallel with collecting systems; 
15. 11. 90 Official Journal of the European Communities No C 287/13 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Articles 1, 2 and 3 unchanged 
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: 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 a process allowing equivalent yield, in the following 
circumstances : 
for discharges to fresh water and estuaries from 
municipalities representing 2 000 p.e. or more, for discharges to fresh water and estuaries from 
municipalities representing 1 000 p.e. or more, 
for discharges to coastal waters from municipalities 
representing 10 000 p.e. or more. for discharges to coastal waters from municipalities 
representing 5 000 p.e. or more. 
Paragraph 2 unchanged 
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 situ­
ations such as those due to heavy rain. 3. The load, expressed in p.e., shall be calculated on 
the basis of the maximum daily load entering or likely to 
enter the treatment plant during the year excluding 
unusual situations such as those due to heavy rain. 
Article 5 
Paragraph 1 unchanged 
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: 2. unchanged 
for discharges to fresh water and estuaries, from 
municipalities representing 2 000 p.e. or more, for discharges to fresh water and estuaries, from 
municipalities representing 1 000 p.e. or more, 
for discharges to coastal waters, from ,municipalities 
representing 10 000 p.e. or more. for discharges to coastal waters, from municipalities 
representing 5 000 p.e. or more. 
Paragraphs 3 and 4 unchanged 
Article 6 
Paragraph 1 unchanged 
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: 2. Municipal waste water discharges to coastal waters 
situated in areas described in paragraph 1, may, by way 
of exception, be subjected to less stringent treatment 
than prescribed in Article 4 providing that: 
No C 287/14 Official Journal of the European Communities 15. 11. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
— such discharges receive at least primary treatment, unchanged 
comprehensive studies indicate that such discharges 
will not adversely affect the environment. 
Paragraph 3 unchanged 
Articles 7 and 8 unchanged 
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. 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, and 
that their treatment capacity is actually based on the 
criterion laid down in Article 4 (3). 
Articles 10, 11, 12 and 13 unchanged 
Article 14 
Paragraph 1 unchanged 
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. Competent authorities shall regularly monitor 
waters receiving discharge from municipal waste water 
treatment plants and the ecosystem concerned, at least 
once a year, and direct discharges according to Article 
12, to verify that environment is not adversely affected. 
Paragraphs 3, 4 and 5 unchanged 
Article 15 unchanged 
Article 16 
Paragraphs 1 to 5 unchanged 
6. The Commission shall review and assess the infor­
mation related to this Directive and publish a report at 
intervals. 6. The Commission shall review and assess the infor­
mation related to this Directive and publish a report to 
be submitted each three years to the European Par­
liament. 
15. 11.90 Official Journal of the European Communities No C 287/15 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Articles 17 to 20 unchanged 
Article 20a 
(new) 
Member States together with the Commission shall 
ensure that under no circumstances will measures 
introduced under this Directive lead to a deterioration of 
the environment. 
Articles 21 and 22 unchanged 
ANNEX I 
Point 1 to 5 unchanged 
Point 5a 
(new) 
5a. Industrial waste water similar to municipal waste water 
means: waste water other than the types mentioned above, 
with a COD which does not exceed three times its BOD, 
for instance, waste water from hospitals, hotels, the agri-
foodstuffs industry, etc. 
Points 6 to 9 unchanged 
10. Primary treatment means: treatment of municipal waste 10. Primary treatment means: treatment of municipal waste 
water by a physical process involving settlement of water by a physical process involving settlement of 
suspended organic solids, or other processes in which the suspended organic solids, or other processes in which the 
five-day BOD of the incoming waste water is reduced by 20 five-day BOD of the incoming waste water is reduced by 20 
to 40 °/o. to 40 %, and the settleable matter by at least 60 to 70 %. 
Points 11 and 12 unchanged 
ANNEX II 
Heading A, indent 3a 
(new) 
control of run-off water with a view to its undergoing specific treatment at a later date. 
Remainder unchanged 
Annex III and IV unchanged