PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING MUNICIPAL WASTE WATER TREATMENT
Date: 1989-11-13
Institutions: European Commission
Subjects: action programme, industrial pollution, pollution control measures, urban area, wastewater, water treatment

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 518 final 

Brussels, 13 November 1989 

Proposal for a 

COUNCIL DIRECTIVE 

concerning  municipal waste water  treatment 

Il 

(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 
in  its 
water  pollut ion.  The  Environment  CounciI 

—~'"'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 

i 
I 

- 3 -

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  s o u r c e s ^ ),  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 

nutrlsnts  (for  uihlcn  there  are  specific  provisions) 

roductI on  of  bactsr)o,  Gtc. 

[ ))  0.  ë~ 0 54, 5.5,19^9» 

a-
t| 

- 

5 

- 4 -

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 
was 
environment.  The 
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. 

Commission 

that 

felt 

it 

- 5 -

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 
of 
mind 
'subs Id i arIty'.  Th i s  means  that  act i on  shouId  be  taken 

principle 

bearing 

the 

in 

- 6 -

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 

-  7  -

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; 

it 

Whereas 
s t r i n g e nt  treatment  and  whereas  in  some  l e ss  s e n s i t i ve  marine 
areas  a  primary  treatment  could  be  considered  appropriate; 

is  necessary  in  s e n s i t i ve  areas  to  require  more 

i n d u s t r i al  waste  water  entering  c o l l e c t i ng  systems  as 

Whereas 
well  as  the  d i s p o s al  of  waste  water  and  sludge  from  municipal 
waste  water  treatment  p l a n ts  should  be  s u b j e ct  to 
a u t h o r i s a t i o n; 

s i m i l ar  requirements  for  treatment,  as  those  for 

Whereas 
municipal  waste  water,  should  be  applied  for  d i r e ct  discharges 
of 
i n d u s t r i al  waste  water,  when  the  i n d u s t r i al  waste  water 
of  a  nature  s i m i l ar  to  municipal  waste  water; 

is 

Whereas  the  r e c y c l i ng  of  sludge  should  be  encouraged;  whereas  when  sludge 
is  used  f or  a g r i c u l t u r al  purposes  use  is 
Council  D i r e c t i ve  86/278/EEC  ( 2 );  whereas  the  d i s p o s al  of  sludge  at  sea 
should  be  phased  o u t; 

in  c o n f o r m i ty  w i th 

take  place 

to 

it 

is  necessary 

Whereas 
r e c e i v i ng  waters  and  land, to  control  treatment  p r o c e s s es  and  to 
ensure  t h at  the  discharge  of  waste  water  does  not  adversely 
a f f e ct  the  environment; 

to  monitor 

treatment 

plants, 

(1)  0J  No  C  209,  9 . 8 . 1 9 8 8,  p.  3. 
(2)  0J  No  L  1 8 1,  4 . 7 . 1 9 8 6,  p.  6. 

- 9 -

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 
help Member States  assist 
training  for  staff  and  exchange  of  technical/scientific 
information to improve the efficiency of municipal waste water 
treatment; 

each other in the provision of 

measures to 

take 

Whereas Member States may take more stringent measures than 
those provided  for under this  Directive, 

HAS ADOPTED THIS DIRECTIVE : 

- 10 -

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. 

The definitions of the terms given in Annex I shall apply for the purposes 
of this Directive. 

Article 2 

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 

satisfy 
r e q u i r e m e n ts  of  Annex  II  (A).These  r e q u i r e m e n ts  may  be 
e l a b o r a t ed  or  amended 
in  Article  18. 

in  paragraph  1  shall 

in  accordance  with  the  procedure  laid  down 

the 

A r t i c le  4 

1.  Member 

States 

s h a ll 

ensure 

t h a t, 

m u n i c i p al 
b e f o re 
an 

e q u i v a l e nt 

waste 

d i s c h a r ge 

e n t e r i ng 

water 
be 
p r o c e s s, 

s u b j e ct 
in 

by 
c o l l e c t i ng 

31  December  1998, 
s h a ll 
or 

t r e a t m e nt 

systems 

to 

secondary 

t he 

f o l l o w i ng 

c i r c u m s t a n c e s: 

-  for  d i s c h a r g es  to  fresh  water  and  e s t u a r i es  from 
m u n i c i p a l i t i es  r e p r e s e n t i ng  2,000  p . e.  or  more; 

-  for  d i s c h a r g es  to  c o a s t al  waters  from  m u n i c i p a l i t i es 

r e p r e s e n t i ng  10,000  p . e.  or  more; 

2.  D i s c h a r g es  from  m u n i c i p al  w a s te  w a t er  t r e a t m e nt  p l a n ts 

in  paragraph  1  shall 

described 
of  Annex  II  B.  These  r e q u i r e m e n ts  may  be  e l a b o r a t ed  or 
amended  in  accordance  with  the  procedure  laid  down  in  Article  18. 

the  relevant 

satisfy 

requirements 

3.  The  load  expressed  in  p . e.  s h a ll  be  c a l c u l a t ed  on  the  b a s is 
of  t he  maximum  d a i ly  load  e n t e r i ng  t he  treatment  p l a nt 
during  t he  year  excluding  unusual  s i t u a t i o ns  such  as  t h o se 
due  to  heavy  r a i n. 

A r t i c le  5 

1.  Member  States  s h a ll  by  31  December  1991  i d e n t i f y, 
to  c r i t e r ia 

paragraph  2,  s e n s i t i ve  areas  according 
Annex 

I I I. 

f or 

the  p'..;eposes  of 
in 

'..nid  down 

2.  Member 

by 

States 

shall 
waste 

t h a t, 
entering 

ensure 
1998,  municipal 
water 
s y s t e ms  s h a ll  b e f o re  d i s c h a r ge 
s u b j e ct  to  more  s t r i n g e nt  t r e a t m e nt  than  t h at  d e s c r i b ed 
A r t i c le  4  in  t he  f o l l o w i ng  c i r c u m s t a n c e s: 
- 

f or  d i s c h a r g es  to  f r e sh  w a t er  and  e s t u a r i e s, 
m u n i c i p a l i t i es  r e p r e s e n t i ng  2 , 0 00  p . e.  or  more; 
f or  d i s c h a r g es  to  c o a s t al  w a t e r s, 
r e p r e s e n t i ng  1 0 , 0 00  p . e.  or  more. 

i n to  s e n s i t i ve  a r e as  be 

31  December 
collecting 

from  m u n i c i p a l i t i es 

from 

- 

in 

3.  Member  s t a t es  s h a ll  e n s u re  t h at  t he 
s e n s i t i ve  a r e as  a re  r e v i e w ed  at 
y e a r s. 

i d e n t i f i c a t i o ns  of 
i n t e r v a ls  of  no  more  than  4 

4.  D i s c h a r g es  from  m u n i c i p al  w a s te  water  t r e a t m e nt  p l a n ts 

in  paragraph  2  shall 

described 
of  Annex  II  B.  These  r e q u i r e m e n ts  may  be  e l a b o r a t ed  or 
amended  in  accordance  with  the  procedure  laid  down  in  Article  18. 

relevant 

satisfy 

the 

requirements 

A r t i c le  6 

1.  Member  States  may  i d e n t i fy  by  31  December  1 9 9 1,  for  the  purposes  of 

paragraph  2, 
I I I. 
in  Annex 

l e s s - s e n s i t i ve  areas  according  to  c r i t e r ia 

l a id  down 

2.  Municipal  w a s te  w a t er  d i s c h a r g es  to  c o a s t al  w a t e rs  s i t u a t ed 
less 

in  paragraph  1,  may  be  subjected 

in  areas  described 
stringent  treatment  than  prescribed 

to 
in  A r t i c le  4  providing  t h a t: 

-  such  d i s c h a r g es  r e c e i ve  at 
-  comprehensive  s t u d i es 
n ot  a d v e r s e ly  a f f e ct 

t he  environment. 

l e a st  primary 

t r e a t m e n t; 

i n d i c a te  t h at  such  d i s c h a r g es  w i ll 

3.  Member  S t a t es  s h a ll  e n s u re  t h at  t he 
s e n s i t i ve  a r e as  a re  r e v i e w ed  at 
y e a r s. 

l e ss 
i d e n t i f i c a t i o ns  of 
i n t e r v a ls  of  no  more  than  4 

A r t i c le  7 

shall 

waste 

water 

States 

ensure 

Member 
municipal 
entering 
s h a ll  b e f o re  d i s c h a r ge  be  s u b j e ct  to  a p p r o p r i a te  t r e a t m e n t, 
t he  f o l l o w i ng  c i r c u m s t a n c e s: 
- 

f or  d i s c h a r g es  to  f r e s h w a t er  and  e s t u a r i es 
m u n i c i p a l i t i es  r e p r e s e n t i ng 
f or  d i s c h a r g es  to  c o a s t al  w a t e rs  from  m u n i c i p a l i t i es 

l e ss  than  2 , 0 00  p . e .; 

by 
collecting 

systems 

from 

t h a t, 

31  December  1998, 

in 

- 
r e p r e s e n t i ng 

l e ss  than  1 0 , 0 00  p . e. 

- 12 -

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 
under all normal climatic conditions. When designing the 
plants, seasonal variations of the load shall be taken into 
account. 

sufficient  performance 

Article 10 

shall 

ensure 

t h a t, 

before 

31  December 

1-  Member 

States 
i n d u s t r i al 

1991, 
waste 
c o l l e c t i ng  s y s t e ms  and  m u n i c i p al  w a s te  w a t er 
p l a n ts  a re  s u b j e ct  to  p r i or  a u t h o r i s a t i on  by  t he  competent 
a u t h o r i t y. 

t r e a t m e nt 

enters 

which 

water 

2.  A u t h o r i s a t i o ns  s h a ll  s a t i s fy 

t he  r e q u i r e m e n ts  of  Annex  II  C. 
These  r e q u i r e m e n ts  may  be  e l a b o r a t ed  or  amended  in  accordance 
with  the  procedure  laid  down  in  Article  18. 

3.  Competent  a u t h o r i t i es  s h a ll  a l so  e n s u re  t h at 

t he 

authorisations 
other  relevant  Community  Directive. 

referred 

to 

in  paragraph  1  comply  with  any 

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 

a u t h o r i t i es 

shall 

31  December  1998, 
s l u d ge  from  m u n i c i p al  w a s te  w a t er 
to  a u t h o r i s a t i o n. 
s u b j e ct 

the  disposal 

ensure 
of 

t h a t, 
waste  water 
t r e a t m e nt  p l a n ts 

and  of 
is 

before 

?  A u t h o r i s a t i o ns  of  d i s c h a r g es  from  m u n i c i p al  w a s te  v / a t er 

treatment  plants  made  pursuant 
c o n d i t i o ns 
B.  T h e se  r e q u i r e m e n ts  may  be  e l a b o r a t ed  or  amended 
acccrdance  w i th 

to  paragraph  1  shall 

l a id  down  in  A r t i c le  18. 

t he  r e l e v a nt  r e q u i r e m e n ts  of  Annex 

to  s a t i s fy 

the  procedure 

in 

contain 

II 

- 13 -

3. Competent authorities shall insure that authorisations are 

reviewed at intervals of no more than 4 years. 

Article 12 

s h a ll 

Member  States 
i n d u s t r i al  waste  waters  which 
-  are  of  a  n a t u re  s i m i l ar 
-  do  not  enter  municipal  waste  water  treatment  p l a n ts 

to  m u n i c i p al  waste  w a t e r, 

31  December 

ensure 

b e f o re 

t h a t, 

1998, 

before  discharge  to  r e c e i v i ng  waters, 

s h a ll  be  considered  for  the  purpose  of  t h is  Directive  as 
to  the  relevant 
municipal  waste  waters  and  be  s u b j e ct 
p r o v i s i o ns  of  t h is  Directive. 

A r t i c le  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 
to comply inter alia with any relevant  international 
commitments. 

progressively  reduced 

are 

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. 

- 14  — 

4. 

I n f o r m a t i on  c o l l e c t ed  by  competent  a u t h o r i t i es 
with  paragraphs  1,  2  and  3  and  other 
be  r e t a i n ed  by  t he  Member  S t a te  and  made  a v a i l a b le  to 
Commission  w i t h in  3  months  of  r e c e i pt  of  a  r e q u e s t. 

information 

relevant 

shall 
t he 

in  complying 

5.  Guidelines  on  monitoring  mentioned 

e l a b o r a t ed  f o l l o w i ng  t he  procedure 

in  paragraphs  1,  2  and  3  may  be 
l a id  down  in  A r t i c le  1 8. 

A r t i c le  15 

1.  Member 

States 

shall 

that,  before  31  December 

ensure 
information 

1991,  the  following 
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 

related  to  municipal 

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  s h a ll  e s t a b l i s h,  b e f o re  31  December  1 9 9 1,  a 
implementation  of 

t h is  D i r e c t i v e. 

programme  f or 

t he 

2.  Member  States 

s h a l l, 

b e f o re 

31  December 

1 9 9 1,  p r o v i de 

the  Commission  w i th 

i n f o r m a t i on  on  the  programme. 

3.  Member  S t a t es  s h a ll  p r o v i de  t he  Commission  by  30  June  each 

y e ar  w i th  an  update  of  t he 

i n f o r m a t i on  d e s c r i b ed 

in  paragraph  2 

- 15  -

4.  The 

information 

described 

in 

paragraphs  ?.  and  3  s h a ll  be  prepared 

on  the  basis  of  Annex  IV.  This  Annex  as  well  as  formats  for 
the  provision  of  t h is  information  may  be  elaborated  or 
l a id  down  in  A r t i c le  18. 
t he  orocedure 
amended  in  accordance  w i th 

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 

on 

its 

opinion 

deliver 

Committee  a draft of the measures to be taken. The  Committee 
shall 
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. 

the  draft  withir.  a 

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. 

- 16 -

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. 

This Directive is addressed to the Member States. 

Article 22 

Done at 

For the CounciI 

I 

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( 

I 
î 
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- 1 7-

ANNEX  I 

For the  purpose  of  this  directive: 

DEFINITIONS 

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. 

2) 

"Collecting  system"  means: a system  of  conduits  which 
collects  and  conducts  municipal  waste water  to  a  municipal 
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. 

- 18 -

ANNEX II 

REQUIREMENTS FOR MUNICIPAL WASTEWATER 

A. Collecting systems 

Collecting systems shall take into account existing and future 
waste water treatment requirements. 

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. 

-~* 

v.  * 

"f 
4 

~~ 

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. 

- 19 -

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 

EXPRESSION OF 

RESULTS 

MAXIMUM 
DAILY  AVERAGE 
CONCENTRATION 

PERCENTAGE 
OF REDUCTION 

REFERENCE METHOD OF 
MEASUREMENT 

Biochemical oxygen 
demand  (B0D5 at 
20  °C) without 
nitrification 
(1) 

mg/1 o2 

25 

70-90 

Determination  of dissolved 
oxygen before and after 
five-day  incubation at 
20'C + 1°C,  in complete 
darkness. Addition of a 
nitrification  inhibitor 

Chemical oxygen 
demand  (COD) 

Total suspended 
solids 

mg/1 02 

mg/1 

100 

30 

75 (2) 

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 

EXPRESSION OF 
RESULTS 

MAXIMUM 
AVERAGE 
CONCENTRATION 

MINIMUM 
PERCENTAGE 
OF REDUCTION 

REFERENCE METHOD OF 

MEASUREMENT 

Total 
phosphorus 

mg/1 P 

Total 
nitrogen 

mg/1 N 

1 

(1) 

10 

(2) 

80 

80 

Molecular  adsorption 
Spectrophotometry 

Molecular  adsorption 
Spectrophotometry 

I 

(1) Daily average concentration. 

(2) Annual average concentration; daily average should not exceed 20 mg/1 

- 22 -

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% 

Telephone: direct  tins 23 

telephone exchange 239 11 11 - Telex COMEU 8 21877 - Telegraphic oddreee 0TACUR Bruxelles - T«l«fox 235 01 44 

Rue de  lo Loi 200 - B-104» Brussels - Belgium 

;• ;  -  2 4-

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.) 

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  ? 

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 
submit measures to assist Member States  in the provision 
of training. 

VII. Have both sides of  industry been consulted  ? 

No. 

4 

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ISSN 0254-1475 

COM(89) 518 final 

DOCUMENTS 

EN 

15 

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I 

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ISBN 92-77-53924-0 

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