COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15.01.1999 
COM(98)775 final 
REPORT FROM THE COMMISSION 
Implementation of Council Directive 91/271/EEC of 
21 May 1991 concerning urban waste water 
treatment, as amended by Commission Directive 
98/15/EC of 27 February 1998 
Summary of the measures implemented by the Member States and 
assessment of the information received pursuant to Articles 17 and 
13 of the Directive 

1. INTRODUCTION 3 
2. POLLUTION CAUSED BY URBAN WASTE WATER 3 
3. PRINCIPLES OF .THE DIRECTIVE ; 5 
4. PROGRESS OF THE IMPLEMENTATION OF THE DIRECTIVE 7 
4.1. Transposition into national law 9 
4.2. Identification of sensitive (and less sensitive) areas 9 
4.3. Less sensitive areas 10 
4.4. Discharges of industrial waste water into urban waste water systems 11 
4.5. Discharge of industrial waste water into receiving waters (Article 13) 11 
4.6. Implementation programmes 12 
4.7. Situation reports 13 
5. INFRINGEMENT PROCEDURES 14 
6. REVIEW AND ASSESSMENT OF IMPLEMENTATION PROGRAMMES ....... 14 
6.1. Number of agglomerations and organic loads ; 14 
6.2. Forecasts of the development in collection and treatment capacity 17 
6.3. Destination of sludge from treatment plants 19 
6.4. Investment forecasts 22 
7. FUTURE DEADLINES OF THE DIRECTIVE AND TASKS OF THE 
COMMISSION 25 
8. CONCLUSION..... 26 
9. MAP 1: SENSITIVE AREAS AND LESS SENSITIVE AREAS 27 
1. INTRODUCTION 
Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment,' 
as amended by Commission Directive 98/15/EC of 27 February 1998,2 is a cornerstone of 
Community legislation on water. Its objective is to protect the environment from the 
adverse effects of discharges of urban waste water from agglomerations and biodegradable 
industrial waste water from the agri-foodstuffs sector by requiring Member States to ensure 
that such water is collected and treated. 
As provided for in Article 17 of the Directive, the purpose of this report by the Commission 
is to review and assess the information received from the Member States on programmes 
for the implementation of the Directive. This information should have been communicated 
to the Commission by 30 June 1994 at the latest. Because of delays attributable to a number 
of Member States, it is only now that the Commission is able to publish this first report. 
Chapter 4.5 of the report also presents the conclusions of the comparison of Member 
States' regulations on discharges of biodegradable industrial waste water, in accordance 
with Article 13 of the Directive. For the same reasons as above, these conclusions are being 
published four years later than stipulated by the Directive. 
More generally, seven years after the adoption of the Directive by the Council and at the 
first major milestone in its practical application, this report describes the position on 15 
July 1998 regarding the initial phase of the implementation of the Directive, namely its 
transposition by the Member States, i.e. the implementation of the laws, regulations and 
administrative provisions aimed at incorporating the requirements of the Directive into 
national law. 
This first phase has now been completed in 14 Member States. However, in some, the 
transposition arrangements or the implementation programme are not in accordance with 
the provisions of the Directive. Infringement proceedings have been initiated against 
certain Member States for failing to transpose the Directive properly, if at all. The 
identification of the receiving waters (sensitive areas, less sensitive areas) which 
determines the level of their treatment and the forward investment programmes needed to 
comply with the Directive, with their financial implications, including information given by 
the Member States on a number of major agglomerations (Brussels, Milan) which cannot 
be equipped with treatment facilities within the prescribed time, are the main features of 
this first phase of implementation. 
2. POLLUTION CAUSED BY URBAN WASTE WATER 
Urban waste water is defined by the Directive as domestic waste water or the mixture of 
domestic waste water with industrial waste water and/or run-off rainwater. 
The main forms of pollution having adverse effects on human health and the environment 
that such untreated or insufficiently treated water may cause are as follows: 
2 OJL 135, 30.5.1991, p.40. 
OJ L 67, 7.3.1998, p.29. 
3 
4 
5 discharges of nitrogen in its various forms: organic nitrogen, ammoniacal nitrogen, 
nitrites and nitrates. Nitrogen discharged into the environment originates mainly from 
urban water and agricultural activities. Nitrates from urban sources and agriculture 
represent a major public health problem in that they pollute catchment areas used for 
drinking water supplies.3 Ammoniacal nitrogen is particularly toxic to the aquatic fauna. 
Nitrates are also the main cause of eutrophication problems in certain waters, causing an 
ecological imbalance due to excessive algae growth. Some of these can release toxins, 
which can effect humans consuming shellfish. Eutrophication is a cause for concern in 
certain coastal areas of the North Sea or the Mediterranean for example; the appearance 
of toxic algae in the Seine Estuary or on the French Atlantic Coast, which appears to be 
linked to discharges of nitrates from agricultural and urban sources, regularly makes 
mussels or other shellfish unfit for consumption; 
discharges of phosphorus which, in spite of the reduction in the use of phosphates in 
detergents and washing powders, are responsible for cases of eutrophication, particularly 
in fresh waters or estuaries, such as the Po delta; 
a reduction in the amount of oxygen in water as a result of the decomposition of the 
organic matter contained in waste water, endangering aquatic life through asphyxiation 
and disrupting the ecological balance of the water; the Dobris assessment states4 that 
where the population density in catchment areas increases, the oxygen levels of rivers 
decrease and that as a result around one-quarter of European rivers are classified as of 
mediocre or poor quality in terms of their oxygen content; the quality of certain 
estuarine and coastal waters is also affected. However, there are signs of an 
improvement in this quality due to, among other things, better methods of collecting and 
treating urban waste water, as can be seen from the second assessment of Europe's 
environment recently carried out by the European Environment Agency;5 
discharges of pathogenic micro-organisms of faecal origin (bacteria, viruses, parasites) 
contained in urban waste water which could pose a health risk through contamination of 
drinking water supplies, waters used for bathing or other water sports and shellfish 
waters; the Commission report on the quality of bathing waters published in May 1998 
explains the cycle of contamination of bathing waters by organisms of faecal origin 
contained in urban waste water; 
discharges of hazardous, toxic and bioaccumulable substances (chemical compounds, 
heavy metals, hydrocarbons, etc.) from connected industries but also domestic activities 
(detergents, paints, solvents, etc.) posing a potential risk to aquatic life and human 
health. Such discharges are regulated by Council Directive 76/464/EEC6 of 4 May 
1976; 
See Commission report on the implementation of Council Directive 91/676/EEC concerning the protection of 
waters against pollution caused by nitrates from agricultural sources - 1998. 
Stanner, D. and Bourdeau, P., Ed., Europe's Environment-The Dobris Assessment, EEA, 1995. 
Europe's Environment : The Second Assessment - EEA, 1998. 
OJ L 129, 18.5.1976, p.23. 
- the adverse effects of waste water on the special protection areas under the amended 
Council Directive 79/409/EEC7 of 2 April 1979 on the conservation of wild birds and on 
the natural habitats and species referred to in Council Directive 92/43/EEC8 of 21 May 
1992 on the conservation of natural habitats and of wild fauna and flora (NATURA 
2000 network); 
- loss of value in terms of appearance and appeal to tourists of freshwater areas or coastal 
waters polluted by urban waste water. 
3. PRINCIPLES OF THE DIRECTIVE 
The objective of the Directive is to help overcome the pollution problems referred to above 
through treatment of discharges which is appropriate for the environment to be protected 
and the use of the water whose quality is to be preserved. 
To achieve this, the Directive requires Member States to: 
- provide for prior regulations or specific authorisations for all discharges into the natural 
environment of waste water from urban waste water treatment plants and plants 
belonging to the food industry, as well as all discharges of industrial waste water into 
collecting systems and urban waste water treatment plants; 
- ensure that systems for the collection and treatment of urban waste water are provided 
for all agglomerations of more than 2000 population equivalents (p.e.)9 The basic rules 
for the level of treatment is secondary treatment,10 i.e. biological. However, the 
treatment has to be more stringent (secondary plus tertiary " treatment) for discharges in 
areas identified as sensitive by the Member States and in the relevant catchment areas. 
The treatment may be less stringent (primary treatment12), under certain conditions and 
with the agreement of the Commission or the Council for discharges in coastal waters or 
estuaries identified by the Member States as being less sensitive. The time limit for 
implementation of the Directive is 31/12/1998, 31/12/2000 or 31/12/2005, depending on 
the size of the agglomeration and the sensitivity of the receiving body, as shown in 
Table 1; 
7 OJL 103, 25.4.1979, p. 1. 
OJL 206,22.7.1992, p.7. 
The population equivalent is a unit of measurement of organic biodegradable pollution representing the 
average load of that pollution produced by one person in one day; in the Directive it is fixed at 60 grammes of 
B0D5 (five-day biochemical oxygen demand) per day. 
Secondary treatment: treatment by a process generally involving biological treatment with a secondary 
settlement or equivalent process. 
Tertiary treatment: treatment (additional to secondary treatment) of the nitrogen (nitrification - denitrification) 
and/or phosporus and/or of any other pollutant affecting the quality or a specific use of the water: 
microbiological pollution, colour, etc. 
Primary treatment: treatment by a physical and/or chemical process involving settlement of suspended solids or 
other equivalent processes. 
ensure that by 31/12/2000, biodegradable industrial waste water from plants belonging 
to the industrial sector listed in the Directive which are not connected to the urban 
systems respect, before discharge into receiving waters, the established conditions, in 
respect of all discharges from plants representing 4000 p.e. or more: 
ensure that by 31/12/1998 general rules or registration or authorisation procedures are in 
place to provide a long term solution to the final disposal of sludge from treatment 
plants and ensure that by the same date the disposal of sludge to surface waters is phased 
out; 
ensure that discharges of urban waste water and their effects are monitored; 
establish implementation programmes and publish two yearly situation reports to inform 
the public. 
Table 1: deadlines13 and types of treatment 
IgBetween j 
flS.OOOlndl 
?a50.09JOLp!w. - More than 
r>ïi50;0005 
^'V,^ 
.-.** Cita If collection 
2005 
appropriate 
treatment14 Collection 
2005 
secondary* 
treatment Collection 
1998 
more 
stringent 
treatment Collection 
1998 
more 
stringent 
treatment Collection 
1998 
more 
stringent 
treatment 
If collection 
2005 
appropriate 
treatment Collection 
2005 
secondary* 
treatment Collection 
2005 
secondary 
treatment Collection 
2000 
secondary 
treatment Collection 
2000 
secondary 
treatment 
If collection 
2005 
appropriate 
treatment Collection 
2005 
appropriate 
treatment Collection 
2005 
secondary or 
primary 
treatment Collection 
2000 
secondary or 
primary 
treatment Collection 
2000 
secondary 
treatment 
appropriate treatment if discharges into coastal water 
Commission Directive 98/15/EC of 27 February 1998 amending the original Directive as 
regards certain provisions of Annex I, and more specifically Table 2 of that annex, is 
intended for its part to clarify the part of mat table relating to the rules for total nitrogen, 
and in particular the amendment (3) which allows the use of daily averages instead of 
annual averages for the total nitrogen concentrations in order to avoid differences of 
interpretation between Member States. This Directive must be transposed by 30 September 
1998 at the latest 
4. PROGRESS OF THE IMPLEMENTATION OF THE DIRECTIVE 
Table 2 summarises the deadlines and progress by the Member States in transposing the 
main requirements of the first phase of implementation of the Directive. 
13 Only the year is indicated in the table; the deadline is the last day of that year. 
14 Appropriate treatment : treatment by any process and/or collecting system which allow, as regards the waters 
receiving the discharges, the agreed quality objectives to be met as well as the relevant provisions of 
Directive 91/271 /EEC and other Community Directives. 
15 Normal area: body of water not identified as sensitive or less sensitive. 
16 For the sake of clarity, the case of less sensitive areas in estuaries, where the possibility of primary treatment is 
limited to agglomerations of less than 10 000 p.e., is not included in the table. 
The Directive has to be implemented at the same rate in all Member States. Derogations 
have been granted to Austria, Finland and Sweden, which joined the European Union on 1 
January 1995. 
The grey boxes in the table represent cases where the Directive has not been transposed or 
has not been transposed properly according to the current interpretation by the 
Commission. 
Table 2: progress of implementation on 15/07/98 
Legal 
transposition 
Article 19 Identification 
of sensitive 
areas 
Article 5 Regulation of 
discharges of 
industrial waste 
water into urban 
waste water 
systems 
Article 11 Regulation of 
discharges of 
industrial waste 
water into 
receiving 
waters 
Article 13 Transmission 
of 
implementation 
programme 
Article 17 
Deadline >• 
Belgium 30.06.1993 31.12.1993 31.12.1993 31.12.1993 30.06.1994 
1992-1995 1992-1994 1985-1993 J992-1993 
Denmark 1994 1994 
(Article 5.8) 1994 1994 1994 
Germany 
Spain 1992-1998 1992-1998 1992-1998 1992-1998 
1995-1996 1998 Verification 
underway Verification 
underway 1994 
1994 
France 1994 1994 1976-1993 1976-1993 1994 
Ireland 1994 1994 1994 1994 1995 
Italy 
Luxembourg 1994 1994 
(Article 5.8) 1994 1994 1996 
Netherlands 1996 1996 
(Article 5.8) 1996 1996 1994 
Austria 1996 and 1998 
(no sensitive 
areas) 1959-1995 1996 
Portugal 1997 1997 1990-1994 1990-1994 1998 
Finland 1994 1994 
(Article 5.8) 1994 1994 1997 
Sweden 1994 1994 
(Article 5.8) 1969-1970 1969-1995 1995 
United 
Kingdom 1994-1996 1994-1995 1972-1991 1972-1991 1994 and 1998 
4.1. Transposition into national law 
Under Article 19, Member States had to bring into force the laws, regulations and 
administrative provisions necessary to comply with the Directive by 30 June 1993 
at the latest, i.e. some two years after its notification. 
Today, five years after that deadline, Italy has still not transposed the Directive. The 
other Member States have done so with varying delays (see Table 2). Transposition 
is not in conformity in the case of Greece and Austria. 
The Commission is currently verifying conformity in the case of Germany, Sweden 
and the United Kingdom. 
4.2. Identification of sensitive (and less sensitive) areas 
Under Article 5, Member States were required to identify sensitive areas by 
31/12/93 at the latest, on the basis of the criteria set out in Annex II. There are three 
criteria: 
- fresh water bodies, estuaries and coastal waters which are eutrophic17 or which 
could become eutrophic if protective action is not taken; 
- surface fresh waters intended for the abstraction of drinking water where the 
nitrate content is, or could become, more than 50mg/l; 
- areas where further treatment is necessary to meet the requirements of Council 
Directives such as those referred to in Chapter 2 of this report (quality of surface 
waters, fishing waters, bathing waters, shellfish waters, conservation of wild 
birds and natural habitats, etc.). 
One of these criteria is sufficient to designate a body of water as sensitive. 
The identification of a body of water as a sensitive area means that, for all 
agglomerations with more than 10.000 p.e. whose discharges are made into this area 
and into the relevant catchment areas contributing to the pollution of that area, 
collection and treatment systems which are more stringent than secondary treatment 
must be operational by 31 December 1998 at the latest. These conditions 
concerning treatment do not apply for a sensitive area where it can be proved that 
the minimum reduction in the total nitrogen and phosphorus load is at least 75% for 
each of the two parameters. 
Member States must review the identification of sensitive areas every four years. 
Under paragraph 8 of Article 5, a Member State is not obliged to identify sensitive 
areas if it applies more stringent treatment throughout its territory. 
As Table 2 shows, five Member States have made use of this possibility: Denmark, 
Luxembourg, Netherlands, Finland and Sweden. 
Subject to eutrophication. 
Seven other Member States (Belgium, Germany, Spain, France, Ireland, Portugal 
and the United Kingdom) have for their part identified certain bodies of water on 
their territory as sensitive areas but have still not reviewed this initial 
identification18. The Commission is currently verifying whether the identification 
criteria have been respected in these seven Member States. 
It should be noted that France has not identified sensitive areas in its overseas 
departments. 
Austria considered that there is no sensitive area on its territory, which is also being 
verified. Greece and Italy have still not formally identified sensitive areas. 
Map 1 gives an overview of the current situation concerning the identification of 
sensitive areas and the relevant catchment areas19. Those Member States, which 
used paragraph 8 of Article 5, appear on this map entirely as the catchment areas of 
sensitive areas since the requirements are the same. Not all the relevant catchment 
areas of sensitive areas appear on the map for Belgium (Wallonia), Ireland, Portugal 
and the United Kingdom because those Member States did not transmit the 
necessary information requested by the Commission in 1997 as regards these 
catchment areas and the agglomerations contained therein whose discharges 
contribute to the pollution of sensitive areas. 
Table 4 which summarises the information available on implementation 
programmes shows the number of agglomerations and the number of population 
equivalents concerned in the sensitive areas in each Member State, including 
Greece although that Member State has not formally identified those areas in 
accordance with its obligations. 
4.3. Less sensitive areas 
Unlike the identification of sensitive areas, which is an obligation, the identification 
of less sensitive areas is a possibility given to Member States for certain coastal 
waters and estuaries which could meet the morphological, hydrological or hydraulic 
conditions allowing them to receive discharges of urban waste water which has 
undergone less stringent treatment than secondary treatment (primary treatment) 
without adverse effects on the environment. 
Only two Member States have used this possibility: the United Kingdom and 
Portugal (see Map 1). Table 4 shows discharges into less sensitive areas in Greece 
and Spain as well but these two Member States have not formally identified such 
areas. The Commission is currently verifying whether the criteria for identifying 
less sensitive areas have been respected. 
It should be borne in mind that each case of treatment which is less stringent than 
secondary treatment before discharge into a less sensitive area must be the subject 
18 The United Kingdom informed the Commission in September 1998 of its identification of 47 new sensitive 
areas in Egland and Wales. 
19 This map does not take account of sensitive areas in Spain whose list was transmitted too late to the 
Commission (2/7/98) nor those identified by the United Kingdom in its review. 
10 
of a request for a derogation: the Member States must present comprehensive 
studies to the Commission indicating that such discharges would not adversely 
affect the environment (Article 6(2)) and, in circumstances which should remain 
exceptional for agglomerations of more than 150.000 p.e., demonstrating that more 
advanced treatment will not produce any environmental benefits (Article 8(5)). The 
Commission has to examine these studies and take appropriate measures after 
submitting the proposal to the Committee provided for in Article 18 and, if 
necessary, the Council. 
4.4. Discharges of industrial waste water into urban waste water systems 
Article 11 lays down that, before 31 December 1993, the discharge of industrial 
waste water into collecting systems and urban waste water treatment plants must be 
subject to prior regulations and/or specific authorisations by the competent 
authorities or appropriate bodies in order to avoid the adverse effects that such 
discharges could have. 
Accordingly, such discharges of industrial waste water must not affect the health of 
staff working in urban systems nor damage the systems themselves, nor must they 
affect the quality of the discharge after treatment and the quality of the sludge 
arising from treatment. 
Table 2 shows that, with the exception of Italy, the Member States have taken 
measures to transpose this obligation. The Commission is currently verifying 
whether the measures in certain Member States are in conformity. 
4.5. Discharge of industrial waste water into receiving waters (Article 13) 
Article 13 lays down that, by 31 December 2000, biodegradable industrial waste 
water from plants belonging to the industrial sectors listed in Annex III to the 
Directive (sectors of the food industry) which does not enter urban waste water 
treatment plants before discharge to receiving waters shall before discharge respect 
conditions established in prior regulations and/or specific authorisations, which had 
to be established by the competent authority or appropriate body by 31 December 
1993 in respect of all discharges from plants representing 4.000 p.e. or more. 
In accordance with paragraph 3 of that article, the Commission asked an external 
consultant in 199620 to carry out a comparison of Member States' requirements.21 
After examining the requirements for discharges in each Member State and listing 
the corresponding regulations, the study concludes that: 
- with the exception of Spain, the provisions of the Member States are consistent 
with the deadline of 31 December 2000; 
20 Article 13 states that the Commission shall carry out this comparison by 31/12/1994 but because of the delay 
in transposition of the provisions by many Member States, it was unable to do this until 1996. 
21 Study of the implementation of Article 13 of Directive 91/271/EEC concerning urban waste water treatment. 
Haskoning - December 1996 
11 
- only a few Member States have taken into consideration the threshold of 4.000 
p.e., most of them stipulate in their laws that all discharges of industrial waste 
water must, whatever their size, be subject to prior regulations and/or specific 
authorisations; 
- as regards the stipulation in paragraph 2 of Article 13 that requirements should 
be appropriate to the nature of the industry concerned, only Austria, Germany, 
France and Flanders in Belgium have incorporated into their laws emission 
standards which vary according to the nature of the industry; the United 
Kingdom, Finland, Ireland, the Netherlands, Denmark, Sweden and Luxembourg 
have for their part opted to determine emission standards on a case-by-case basis 
for each industrial site, taking account of the principle- of the best available 
technologies when issuing discharge authorisations. In Greece, Italy and 
Portugal, national legislation does not define emission standards in relation to the 
industry concerned and the authorisations issued are not based on the principle of 
best available technologies. Spain has still not completed the process of 
transposing the provisions of Article 13. 
In conclusion, the Commission considers that nine Member States have adopted 
provisions which are in accordance with Article 13 of the Directive. Austrian 
legislation is deemed to be not in conformity on this point in that it does not cover 
all the industrial sectors specified in the Directive. Italy has not transposed the 
Directive. Checks are in progress regarding Greece, Portugal, Belgium and Spain. 
4.6. Implementation programmes 
Article 17 lays down that Member States had to establish an implementation 
programme by 31 December 1993 and provide the Commission with information on 
the programme by 30 June 1994. The format for the presentation of this 
programme was the subject of a Commission decision of 28 July 1993.22 
If necessary, Member States must provide the Commission by 30 June every two 
years with an update of this information. 
The implementation programme represents the planning, between 1993 and 2005, 
of the investments needed for the collection and treatment of urban waste water in 
each Member State to achieve compliance with the Directive. 
By 15 July 1998, only Italy had still not submitted its implementation programme; 
it merely informed the Commission in January 1998 about the situation and projects 
of the Milan agglomeration, which currently has no treatment plant, and which 
according to the local authorities will not be able to meet the deadlines laid down in 
the Directive. Certain other Member States forwarded their programme with a 
delay of several years (up to four years for Portugal and Greece), which explains 
why the Commission has had to wait until now to review and assess the information 
transmitted. The result of this process is contained in Chapter 7 of this report. 
Commission Decision 93/481/EEC of 28 July 1993 concerning formats for the presentation of national 
programmes as foreseen by Article 17 of Council Directive 91/271/EEC (OJ L 226, 7.9.1993, p.23) 
12 
Only the United Kingdom has provided (April 1998) an update of the 
implementation programme. 
Belgium forwarded an implementation programme, which does not conform to the 
Directive as regards the deadlines laid down for completing systems for the 
collection and treatment of urban waste water in the Brussels, agglomeration.23 
4.7. Situation reports 
Article 16 lays down that every two years the relevant authorities or bodies must 
publish a situation report on the disposal of urban waste water and sludge in their 
areas and that these reports must be transmitted to the Commission as soon as they 
are published. 
The main objective of this report, which may be drawn up by areas (there may be 
several reports for each Member State), is to give regular information to the public 
on the situation, on a particular reference date, with regard to the disposal of urban 
waste water and sludge. 
The first situation reports were to be published by 30 June 1995, and thereafter 
every two years. To date, the Commission has received only seven reports. 
In order to facilitate the preparation of these reports and enable the Commission to 
compare the information that they contain, the committee provided for in Article 18 
instructed a group of experts in 1997 to prepare a proposal for the format of the 
report. The group of experts also has the task of proposing a model questionnaire, 
which will provide the Commission with information on the monitoring of 
discharges and the disposal of sludge, as provided for in Article 15. The group is 
due to present the results of its work to the committee by the end of 1998. 
Table 3 below sets out the reference dates for situation reports and implementation 
programmes, deadlines for'the publication and transmission to the Commission of 
situation reports and the deadlines for drawing up implementation programmes and 
forwarding them to the Commission. This table refers to a single reference date for 
the two documents which for the first is that indicated in the decision of 28 July 
1993 (31/12/1992). The flexibility afforded by Article 17 regarding the 
establishment and transmission of the programmes also allows Member States to 
combine the two documents and transmit them on the date fixed by Article 16. 
The Belgian authorities have indicated that all the installations for the collection and treatment of urban waste 
water in the Brussels agglomeration will be operational only by 2005 whereas the deadline laid down by the 
Directive is 31 December 1998. 
13 
Table 3: situation reports (Article 16) and implementation programme (Article 17) 
Reference date 
Situation on... 
31/12/92 
31/12/94 
31/12/96 
31/12/98 
31/12/2000 
etc. Date of publication of 
situation reports 
(Article 16) and 
transmission to the 
Commission 
— 
30/06/95 
30/06/97 
30/06/99 
30/06/2001 Date of establishment 
of implementation 
programme 
(Article 17) 
31/12/93 
31/12/95* 
31/12/97 * 
31/12/99 * 
31/12/2001 * Date of transmission of 
programme to 
Commission 
(Article 17) 
30/06/94 
30/06/96* 
30/06/98* 
30/06/2000 * 
30/06/2002 * 
* i if necessary 
5. INFRINGEMENT PROCEDURES 
Under Article 169 of the Treaty establishing the European Community, the Commission 
may initiate an infringement procedure against Member States, which have failed to fulfil 
their obligations under the Directive. 
Infringement procedures have been.initiated against Member States whose non-fulfilment 
of their obligations under the Directive has been established; of these, mention may be 
made of the most advanced procedure, that concerning the failure of Italy to transpose the 
Directive (Judgement of the European Court of Justice of 12.12.1996 - further reasoned 
opinion issued under Article 171 of the Treaty). 
6. REVIEW AND ASSESSMENT OF IMPLEMENTATION PROGRAMMES 
The main information contained in the implementation programmes received from 14 
Member States (no information received from Italy) is summarised in the following tables 
and graphs. It should be borne in mind that all the figures are estimates made by the 
Member States. 
6.1. Number of agglomerations and organic loads 
Table 4 below shows that the 14 Member States contain 17.351 agglomerations of 
more than 2.000 p.e., representing a total organic load of some 424 million p.e. 
14 
Table 4: number of agglomerations and organic loads expressed in population equivalents 
(p.e.) - situation 1992 -199524 
The differences between the total organic load expressed in population equivalents 
(p.e.) and the population of the Member States are due mainly to the following: 
- the organic load takes account only of the population of agglomerations of more 
than 2.000 p.e. for which the Directive requires the collection and treatment of 
urban waste water, but does not include agglomerations of less than 2.000 p.e. 
and isolated dwellings which are more inclined to have individual treatment 
systems; 
24 The reference year for the data in this table varies, according to the Member States, between 1992 and 1995. .Member*! 
.-.State-^-! 
•' - ' - . •" * ,-• 'i 
BelgJuroVM 
Deh'm£rk^f 
, i il ii hi Mlii|. I.I.I hi.Jiihl Mn 
Gerhaj^y;.-^| 
Greece*/^c^f 
- ' V a; -/ W ;,$ 
Spain '> ';£;-> 
Prance -"\;***torf& 
Ireland' i-:M% 
Luxembourg 
Netherlands 
AustriaS^^S 
Portugal-ii« 
Fjnlanci^M 
Swiedlen^,!^ 
United £/*## 
Kingdom -v «.>• 
Total ••< Population 
(1000 hab.) 
mvMzt 
^027; ^ 
189 5,423-^ 
flU 811 
;;314^0695' Normal areas i 
?Mr$WA - *'>*sSi£; 
agoorner. 
119 
0 
1.172 
169 
2.611 
2.359 
137 
0 
0 
703 
598 
0 
0 
1.764 
9.632 1.775 
0 
27.397 
6.189 
47.263 
49.927 
3.748 
0 
0 
18.569 
12.651 
0 
0 
61.816 
229.335 Sensitive areas' | 
agnomen 
245 
382 
3.650 
60 
253 
1.137 
9 
42 
414 
0 
114 
201 
454 
127 
7.088 1000 pa 
7.389 
8.393 
79.143 
2.101 
4.659 
20.583 
170 
914 
17.218 
0 
1.814 
4.007 
7.496 
4.187 
158.073 ; Less sensitive K> 
!•*• ••', /i areas/,"';? •¥-» 
'ao^omer1 
0 
0 
0 
86 
356 
0 
0 
0 
0 
0 
34 
0 
0 
155 
631 ; 0 
0 
0 
1.913 
22.517 
0 
0 
0 
0 
0 
1.806 
0 
0 
10.523 
36.759 ;|::; , TotaT--
agglomer. 
364 
382 
4.822 
315 
3.220 
3.496 
146 
42 
414 
703 
746 
201 
454 
2.046 
17.351 1000 pja 
9.164 
8.393 
106.540 
10.203 
74.439 
70.510 
3.918 
914 
17.218 
18.569 
16.271 
4.007 
7.496 
76.526 
424.361 
15 
- the organic load of agglomerations of more than 2.000 p.e. includes, in addition 
to the load from the permanent population: 
the load originating from the non-permanent population associated with 
tourism,25 the hotel trade, etc.; 
the load of industrial waste water connected to urban waste water 
systems; 
the load of run-off water also entering those systems. 
The breakdown of these agglomerations and this load between the various types of 
discharge areas (sensitive, normal, less sensitive) is based on the identification of 
areas carried out by the Member States. Overall, in the 14 Member States taken as 
a whole, discharges in sensitive areas and the relevant catchment areas represent 
37% of the organic load, discharges in less sensitive areas represent 9% and those in 
so called normal areas 54%. This breakdown varies significantly from one Member 
State to another. 
Apart from Portugal and the United Kingdom which have formally identified less 
sensitive areas, Spain and Greece have also included less sensitive areas in their 
programme although they have not formally identified such areas. The derogation 
for treatment, which is less stringent than secondary treatment before discharge in 
less sensitive areas can of course be, considered only where such areas have been 
formally identified. 
For example, the Commission is to verify why Greece, in spite of its highly developed tourism industry, does 
not have an organic load expressed in p.e. which is more than the number of its inhabitants. 
16 
6.2. Forecasts of the development in collection and treatment capacity 
Table 5: Forecasts of the development in the capacity of collecting systems 
1992 
1000 p.e. 1995 
1000 p.e. 1998 
1000 p.e. 2000 
1000 p.e. 2005 
1000 p.e. Increase 
1000 p.e. % 
1.721 1.721 1.810 1.898 2.201 480 28% 
12.133 12.133 12.133 12.133 12.133 0% 
114.084 114.230 121.756 124.589 127.055 12.971 11% 
7.278 7.465 8.170 8.708 8.708 1.430 20% 
35.001 41.456 52.836 62.890 74.439 39.438 113% 
55.780 61.192 65.893 68.648 70.508 14.728 26% 
878 1.020 1.196 3.862 • 3.918 3.040 346% 
914 937 969 969 969 55 6% 
21.780 21.780 21.780 21.780 21.780 0% 
16.571 16.571 17.906 18.997 19.467 2.896 17% 
9.367 9.657 13.188 16.235 16.462 7.095 76% 
3.395 3.461 3.576 3.576 3.576 181 5% 
sgBddggs} 13.044 13.044 13.044 13.044 13.044 0% 
76.526 76.322 76.957 75.635 75.604 -922 •1% 
Total W |r 368.472 380.989 411.214 432.964 449.864 81.392 22% 
Table 5 summarises developments between 1992 and 2005, as programmed by the 
Member States, in the capacity, in organic load, of collecting systems which are 
considered to conform to the provisions of the Directive. The last two columns 
indicate the increase in this capacity in p.e. and in percentage terms between the 
initial situation before implementation in 1992 and the final situation after the 
implementation of the Directive in 2005. It may be noted that very sharp increases 
in this collection capacity are planned in Ireland, Spain or Portugal whereas no 
increase in capacity, which was deemed sufficient at the time of adoption of the 
26 Data relating only to the Walloon region. 
17 
Directive, is foreseen in Denmark, the Netherlands, Sweden and the United 
Kingdom. 
Overall, the capacity of collecting systems in the Member States in 2005 would be 
greater than or equal to the initial organic load, with the exception of Greece and 
Finland where it would be less than the organic load to be collected as shown in 
Table 4. 
The information received from Belgium is incomplete. 
Table 6: Development in the capacity of treatment plants 
1992 
1000 p.e. 1995 
1000 p.e. 1998 
1000 p.e. 2000 
1000 p.e. 2005 
1000 p.e. Increase 
1000 p.e. 
5.499 6.836 7.770 8.300 9.919 4.420 80% 
5.950 9.246 9.246 9.246 9.246 3.296 55% 
Geim&sw|g£*4 111.456 131.403 141.221 142.022 143.831 32.375 29% 
Grèe^SÎ •*& 
r#«* 2.058 2.785 5.028 8.624 8.637 6.579 320% 
Spair 23.872 30.152 45.713 60.862 73.754 49.882 
«&*v* -•wP'iev 209% 
40.333 51.188 60.761 66.924 69.378 29.045 72% 
483 550 698 3.641 3.810 3.327 689% 
Luxembourg, 777 808 939 948 969 192 25% 
21.396 21.705 22.053 22.053 22.053 657 3% 
14.413 14.413 16.945 18.864 19.467 5.054 35% 
Portugal 5.731 6.660 11.194 15.873 16.387 10.656 186% 
r^inlari^^ 3.598 3.772 3.905 3.925 3.935 337 9% 
Sweden £*F 13.038 13.038 13.038 13.038 13.038 
Urîitètfjp^;.*! 
Kfrîgâofâte» 0% 
29.335 46.841 50.964 74.233 75.323 45.988 157% 
Total"-"J*" 277.939 339.397 389.475 448.553 469.747 191.808 69% 
On the same lines as the previous table, Table 6 above shows the development 
between 1992 and 2005 of the capacity of treatment plants considered to conform to 
the provisions of the Directive. It will be seen that the forecast increase in treatment 
capacity is significant in all Member States with the exception of the Netherlands, 
Finland and Sweden, which announced very high capacity from the outset. 
18 
By the implementation deadline, the capacity of treatment plants would be 
sufficient to treat the organic load as mentioned in Table 4. However, an anomaly 
has been observed for Greece where the final capacity of plants is less than the 
organic load indicated in Table 4. Overall, for the 14 Member States as a whole, 
the final treatment capacity is 10% above the organic load, but this figure may reach 
28% in the Netherlands, 35% in Germany and as much as 74% in Sweden. 
Graph 1 below represents the planned development of global capacity of collecting 
and treatment systems for all 14 Member States. The capacity of collecting systems 
should increase by 22% over the 13 years of implementation of the Directive; 
treatment capacity should increase by 69%. 
Graph 1: Planned development of collecting systems and treatment plants (1000 p.e.) 
475.000-1 
450.000-
425.000-
400.000 
375.000 
350.000 
325.000 
300.000 
275.000 
250.000 
225.000 
200.000 •Collecting 
systems 
B Treatment' 
plants 
1992 1995 1998 2000 2005 
6.3. Destination of sludge from treatment plants 
The treatment of urban waste water produces sludge. 
Table 7 and graph 2 show the quantities of sludge that are expected to be produced 
over the period of implementation of the Directive as well as the planned 
destination of that sludge. 
For all the 13 Member States, which have provided information, the quantity of 
sludge, produced would therefore increase from 5.5 million tonnes of dry matter in 
1992 to 8.3 million tonnes in 2005. Of note is the increase in the proportion due to 
be re-used for agriculture and soil and of that for incineration as well as the slight 
reduction in the anticipated amount for disposal. The quantity of sludge re-used 
would represent at the end of the implementation period 53% of the total quantity of 
sludge produced. 
In general, the Commission considers that re-use of sludge should be encouraged 
since it represents a long term solution provided that the quality of the sludge 
re-used is compatible with public health and environmental protection requirements. 
Discharges of sludge to surface waters are carried out in Spain, Ireland and the 
United Kingdom. Spain is planning to continue this type of discharge beyond 1998, 
which is contrary to the provisions of the Directive. 
19 
Table 7: Forecasts of the destination of sludge from treatment plants (in thousands of 
tonnes of dry matter per year)27 
Year 
1992 
1995 
1998 
2000 
2005 Disposal 
Surface Water 
Reuse. 
Landfill 
Incineration 
Not Specified 
Total 
Surface Water 
Reuse. 
Landfill 
Incineration 
Not Specified 
Total 
Surface Water 
Reuse. 
Landfill 
Incineration 
Not Specified 
Total 
Surface Water 
Reuse. 
Landfill 
Incineration 
Not Specified 
Total 
Surface Water 
Reuse. 
Landfill 
Incineration 
Not Specified 
Total B 
17 
34 
8 
59 
22 
39 
17 
78 
33 
37 
11 
32 
113 
40 
43 
11 
37 
131 
47 
40 
14 
58 
159 DK 
110 
25 
40 
175 
120 
25 
40 
185 
125 
25 
50 
200 
125 
25 
50 
200 
125 
25 
50 
200 D 
1.018 
846 
274 
70 
2.208 
1.151 
857 
411 
93 
2.512 
1.270 
744 
558 
89 
2.661 
1.334 
608 
732 
62 
2.736 
1.391 
500 
838 
58 
2.787 GR 
1 
65 
66 
1 
65 
66 
4 
82 
86 
6 
90 
96 
7 
92 
99 E 
38 
275 
180 
35 
528 
54 
390 
257 
50 
751 
57 
410 
268 
52 
787 
57 
578 
360 
74 
1.069 
57 
589 
367 
75 
1.088 F 
402 
131 
110 
643 
489 
114 
161 
764 
572 
92 
214 
878 
640 
71 
269 
980 
765 
407 
1.172 IRL 
14 
4 
16 
3 
37 
15 
7 
14 
4 
40 
25 
17 
1 
43 
65 
35 
100 
84 
29 
113 L 
5 
4 
9 
7 
3 
10 
9 
1 
3 
13 
9 
1 
3 
13 
9 
1 
4 
14 NL 
134 
177 
12 
1 
324 
95 
192 
56 
23 
366 
100 
108 
150 
23 
381 
110 
68 
200 
23 
401 
110 
68 
200 
23 
401 A 
63 
58 
66 
3 
190 
63 
58 
66 
3 
190 
68 
58 
66 
4 
196 
68 
58 
66 
4 
196 
68 
58 
65 
4 
195 P 
38 
75 
13 
126 
44 
88 
15 
147 
74 
147 
25 
246 
104 
209 
35 
348 
108 
215 
36 
359 FIN 
87 
63 
150 
86 
72 
158 
85 
65 
150 
90 
60 
150 
115 
45 
160 UK 
282 
472 
130 
90 
24 
998 
267 
648 
114 
110 
19 
1.158 
240 
672 
118 
144 
19 
1.193 
1.014 
111 
326 
19 
1.470 
1.118 
114 
332 
19 
1.583 Total 
334 
2.626 
1.804 
627 
122 
5.513 
336 
3.123 
1.898 
894 
174 
6.425 
297 
3.447 
1.762 
1.248 
193 
6.947 
57 
4.183 
1.739 
1.731 
198 
7.890 
57 
4.536 
1.554 
1.985 
198 
8.330 
Sweden has not prpvided any data on the destination of sludge. 
20 
Graph 2: breakdown of the destination of sludge (in thousands of tonnes of dry matter per 
year) 
6.4. Investment forecasts 
Table 8: Forecasts for 1993-2005 of investments in collecting systems and treatment plants 
(in billion ECU - value 1994-199528) 
1 
Member State 
Belgium 
Denmark 
Germany 
Greece* 
Spain 
France 
Ireland 
Luxembourg 
Netherlands 
Austria 
Portugal 
Finland 
Sweden 
United 
Kingdom 
Total 
* Greece has 1993-2000 
Collec­
ting 
system 
1,01 
1,30 
25,89 
0,44 
3,68 
4,94 
0,34 
0,00 
1,10 
5,20 
1,41 
0,65 
1,00 
1,47 
48,43 
j provide Treat­
ment 
plants 
1,40 
1,30 
24,66 
0,73 
4,90 
3,74 
0,79 
0,25 
1,83 
1,42 
0,87 
0,37 
1,20 
7,20 
50,66 
d figures Total 
2,41 
2,60 
50,55 
1,17 
8,58 
8,68 
1,13 
0,25 
2,93 
6,62 
2,28 
1,02 
2,20 
8,67 
99,09 
only for 2001 - 2005 
Collec­
ting 
system 
0,75 
1,10 
9,41 
-
1,03 
3,08 
0,15 
0,00 
0,00 
2,47 
0,04 
0,35 
0,40 
1,31 
20,09 
the perio Treat­
ment 
plants 
0,74 
0,40 
4,21 
-
1,26 
0,28 
0,35 
0,02 
0,00 
0,70 
0,07 
0,18 
0,30 
2,55 
11,06 
d 1993-2 Total 
1,49 
1,50 
13,62 
-
2,29 
3,36 
0,50 
0,02 
0,00 
3,17 
0,11 
0,53 
0,70 
3,86 
31,15 
000 1993-2005 
Collec­
ting 
system 
1,77 
2,40 
35,30 
0,44 
4,70 
8,02 
0,49 
0,00 
1,10 
7,67 
1,46 
1,00 
1,40 
2,78 
68,53 Treat­
ment 
plants 
2,14 
1,70 
28,87 
0,73 
6,15 
4,02 
1,14 
0,27 
1,83 
2,12 
0,94 
0,55 
1,50 
9,74 
61,70 Total 
3,90 
4,10 
64,17 
1,17 
10,87 
12,04 
1,63 
0,27 
2,93 
9,80 
2,40 
1,55 
2,90 
12,53 
130,26 
Table 8 and graph 3 show the investments planned by the Member States in order to 
comply with the Directive. Total investments amount to 130 billion ECU. 53% of 
which is for collecting systems and 47% treatment plants. 
Value 1996-1997 for the United Kingdom. 
22 
130 billion ECU, 53% of which is for collecting systems and 47% treatment plants. 
Germany alone is planning to carry out 49% of the anticipated investments.29 
The breakdown of investment between collection and treatment varies greatly from 
one Member State to another. Collection accounts for 50% of total investments in 
Denmark, Germany, France, Austria, Portugal and Finland. It represents only 22% 
of investment in the United Kingdom and Luxembourg plans no investments at all 
in collecting systems. 
The main factors influencing the estimate of the necessary investment are as 
follows: 
- the initial state of equipment for the collection and treatment of urban waste 
water before implementation of the Directive; 
- the improvements needed in terms of collection, in order to route all waste water 
to be treated to the treatment plants, prevent leaks and limit pollution of 
receiving waters from overloads due to rain; 
- improvements needed in terms of treatment plants, in order to treat urban waste 
water to the standard required by the Directive, depending on the size of 
agglomerations and the sensitivity of the receiving waters, and also taking 
account of overloads due to rain; 
- specific constraints linked to the site, urban planning, climate etc.; 
- cost of labour and equipment. 
Graph 4 shows, for each Member State, the amount of investments per population 
equivalent. It varies between ECU 112 per population equivalent in Greece and 
ECU 602 in Germany. The average cost for the 14 Member States as a whole is 
ECU 307 per p.e. Assuming, for the sake of simplicity, a uniform spread of these 
investments over the 13 years of implementation, this average investment cost is, at 
constant 1994-1995 values, ECU23.6 per year per population equivalent or, on the 
basis of average annual consumption of 55 m3 of water per domestic consumer, an 
average cost, excluding financial costs and depreciation, of around ECU 0.43 per m3 
of water consumed. 
Graph 4 shows that one group of seven Member States (Germany, Austria, 
Denmark, Belgium, Ireland, Sweden and Finland) is clearly above this average cost 
whereas another group of six Member States (France, Netherlands, United 
Kingdom, Spain, Portugal and Greece) is clearly below. 
It should be borne in mind that Community aid can be granted towards such 
investments under the Structural Funds and the Cohesion Fund. Particularly as 
The high cost for Germany may be explained by the scale of the improvements to be made in terms of 
collection and treatment, particularly in regions of the former East Germany, the level of treatment required 
(tertiary) in most of the country to combat the eutrophication of the North Sea and Baltic Sea, far reaching 
measures to deal with overloads from rain and the high cost of equipment and labour in Germany. 
23 
regards the Cohesion Fund, those investments carried out and planned for the period 
1995-1999 in the environment sector under the Directive were given priority rating. 
In the case of Spain, for example, it is estimated that almost 30% of the total 
investments forecast will be cofinanced by the Cohesion Fund over this period. 
Graph 3: Investment forecasts for the period 1993-2005 (in billion ECU - value 1994-
199530) 
Graph 4: Investment forecasts per population equivalent 
Value 1996 to 1997 for the United Kingdom. 
24 
7. FUTURE DEADLINES OF THE DIRECTIVE AND TASKS OF THE COMMISSION 
Future deadlines for Member States in terms of their obligations to transpose and apply the 
Directive are as follows (in chronological order): 
- 30 September 1998: deadline for transposing Directive 98/15/EC of 27 February 1998 
amending Directive 91/271/EEC; 
- 31 December 1998: deadline for applying the Directive as regards the collection and 
treatment of urban waste water from agglomerations of more than lO.OOO.p.e. discharging 
into the relevant catchment areas of sensitive areas (Articles 3 and 5); 
- 31 December 1998: deadline for making the disposal of sludge from water treatment plants 
subject to general rules or registration or authorisation (Article 14(2)); 
- 31 December 1998 : deadline for phasing out the disposal of sludge to surface waters; 
- 30 June 1999: deadline for the publication and transmission to the Commission of situation 
reports (Article 16), and then every two years; 
- 30 June 2000: deadline for the transmission, if necessary, of an update of the implementation 
programme (Article 17), and then every two years; 
- 31 December 2000: deadline for the application of the Directive as regards the collection and 
. treatment of urban waste water from agglomerations of more than 15.000 p.e. not discharging 
into the catchment areas of sensitive areas (Articles 3,4 and 6); 
- 31 December 2000: deadline for the application of the Directive as regards biodegradable 
industrial waste water from plants belonging to the industrial sectors listed in Annex III 
which does not enter urban waste water treatment plants (Article 13); 
- 31 December 2005: deadline for the application of the Directive as regards the collection and 
treatment of urban waste water from agglomerations smaller than those referred to above 
(Articles 3,4,6 and 7). 
Apart from this timetable of future obligations, mention should also be made of the ongoing 
obligation to monitor discharges, water and the disposal of sludge (Article 15) as well as the 
obligation to review every four years the list of sensitive areas and of less sensitive areas 
(Articles 5 and 6). 
For its part, the Commission has established the following as its main tasks over the next two 
years as regards following up the implementation of the Directive: 
- continuing the process of verifying conformity of transposition measures; 
- continuing the assessment of the identification of sensitive areas and less sensitive areas by 
the Member States;, 
- requesting information on the level of equipment, the monitoring of discharges and waters 
and the disposal of sludge, in line with the deadlines for application set out above, and 
assessing this information, in co-ordination with the European Environment Agency; . 
25 
- verifying that projects receiving Community funding conform to the provisions of the 
Directive; 
- assessing the situation reports received from the Member States, and the updates to 
implementation programmes and publishing a summary report every two years (next one in 
2000), in co-ordination with the European Environment Agency; 
- dealing with requests for derogations; 
- initiating and pursuing infringement procedures in the event of failure to fulfil obligations; 
- motivating the work of the Follow-up Committee provided for in Article 18, by means of at 
least one meeting a year. 
8. CONCLUSION 
With the exception of Italy, the Member States have transposed the Directive on urban waste 
water into their national laws and established an implementation programme for the Directive, 
albeit with in some cases considerable delays. Infringement procedures have been brought 
against some of them on account of non-conformity of the transposition, the implementation 
programme or the failure to identify sensitive areas. Other assessments are currently being 
carried out by the Commission to verify the conformity of transposition measures and area 
identification. 
The implementation programmes received from 14 Member States generally indicate that it will 
be possible to respect the forthcoming deadlines for the application of the Directive in the 17351 
agglomerations concerned, representing an organic load of 424 million population equivalents, 
disregarding the Italian agglomerations. To date only Belgium, for the agglomeration of 
Brussels, and Italy, for the agglomeration of Milan, have indicated that they will be unable to 
respect the deadlines laid down by the Directive. These programmes, the financial implications 
of which are considerable (ECU 130 billion for the 14 Member States), are an indication of the 
intention of the Member States to significantly improve the situation with regard to the 
collection and treatment of urban waste water, with the aim of improving the quality of aquatic 
environment for the benefit of public health and the environment as a whole. 
Given these factors, the Commission does not consider it appropriate to propose a revision of the 
Directive at this time. 
From 1999 onwards the Commission will verify whether the forecasts contained in the 
implementation programmes have been achieved, particularly as regards the standard of 
equipment in agglomerations of more than 10.000 population equivalents in the relevant 
catchment areas of sensitive areas and the disposal of sludge from treatment plants. 
26 
9. MAP 1 : SENSITIVE AREAS AND LESS SENSITIVE AREAS 
27 



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COM(98) 775 final 
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