WRITTEN QUESTION E-1828/98

by Klaus Rehder (PSE) to the Commission

(12 June 1998)

Subject: Decentralised waste water treatment

Council Directive 91/271/EEC(1) of 21 May 1991 on the treatment of urban waste water stipulates, amongst other provisions, that all agglomerations with a population of between 2 000 and 15 000 must be provided with collecting systems for urban water by 31 December 2005. Article 3 states that: "Where the establishment of a collecting system is not justified either because it would produce no environmental benefit or because it would involve excessive cost, individual systems or other appropriate systems which achieve the same level of environmental protection shall be used."

In certain areas of Germany, this directive is interpreted to mean that the decision on whether local authority areas with fewer than 2 000 inhabitants are covered by this obligation to provide a central disposal system for waste water the responsibility of the public waste water treatment authority which decides whether or not they should be connected to the central collection system. Connecting them to central waste water treatment plants would mean laying pipelines in these local authority areas at a massive cost to citizens and the authorities.

1. Is this interpretation compatible with the provisions of the directive in question?

2. What does the Commission understand by "individual systems or other appropriate systems"?

3. Does the Commission intend in future to include local authorities with fewer than 2 000 inhabitants within the scope of the directive?

Answer given by Mrs Bjerregaard on behalf of the Commission

(13 July 1998)

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment(2) does not contain any regulations on providing agglomerations of less than 2000 population equivalent (p.e.) with collecting systems. Article 3(3) of the Directive concerns only agglomerations with more than 2000 p.e.

Concerning the interpretation of Article 3 of the Directive it should be noted that "Gemeinde" means an area in the sense of the definition of Article 2 number 4, which does not have to be identical to the administrative unit "municipality". The delimitation of the agglomeration for the purpose of the Directive is incumbent on the Member States themselves.

"Individual systems" covers the collection and treatment of the waste water of a property or several properties. "Other appropriate measures" covers all measures which after discharge allow the receiving waters to meet the relevant quality objectives and relevant provisions of this and other Community directives. This can be for example the re-use of waste water.

This is how the requirements specified in Article 1 and in Article 3(3) of the Directive are to be met. The Member States have to provide the Commission with the proof that the systems used meet these requirements.

Under Article 7 of the Directive, municipalities with less than 2000 p.e. are included regarding waste water treatment, in as far as they are equipped with collecting systems.

The Commission does not intend at present to submit a proposal for an amendment of the Directive.

(1) OJ L 135, 30.5.1991, p. 40.

(2) OJ L 135, 30.5.1991.