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
Date: 1999-01-15
Institutions: European Commission
Subjects: directive (EU), urban area, wastewater, water pollution, water treatment

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 

2.  POLLUTION CAUSED BY URBAN WASTE WATER 

3.  PRINCIPLES OF .THE DIRECTIVE 

; 

4.  PROGRESS OF THE IMPLEMENTATION OF THE DIRECTIVE 

4.1.  Transposition into national law 

4.2. 

Identification of sensitive (and less sensitive) areas 

4.3.  Less sensitive areas 

4.4.  Discharges of industrial waste water into urban waste water systems 

4.5.  Discharge of industrial waste water into receiving waters (Article 13) 

4.6. 

Implementation programmes 

4.7.  Situation reports 

5. 

INFRINGEMENT PROCEDURES 

3 

3 

5 

7 

9 

9 

10 

11 

11 

12 

13 

14 

6.  REVIEW AND ASSESSMENT OF IMPLEMENTATION PROGRAMMES ....... 14 

6.1.  Number of agglomerations and organic loads 

; 

6.2.  Forecasts of the development in collection and treatment capacity 

6.3.  Destination of sludge from treatment plants 

6.4. 

Investment forecasts 

14 

17 

19 

22 

7.  FUTURE  DEADLINES  OF  THE  DIRECTIVE  AND  TASKS  OF  THE 
25 

COMMISSION 

8.  CONCLUSION..... 

9.  MAP 1: SENSITIVE AREAS AND LESS SENSITIVE AREAS 

26 

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: 

OJL  135, 30.5.1991, p.40. 

2 

OJ L 67, 7.3.1998, p.29. 

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; 

3 

4 

5 

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 

If collection 
2005 
appropriate 
treatment 

Collection 
2005 
secondary* 
treatment 

If collection 
2005 
appropriate 
treatment 

Collection 
2005 
appropriate 
treatment 

Collection 
1998 
more 
stringent 
treatment 

Collection 
2005 
secondary 
treatment 

Collection 
1998 
more 
stringent 
treatment 

Collection 
2000 
secondary 
treatment 

Collection 
2005 
secondary or 
primary 
treatment 

Collection 
2000 
secondary or 
primary 
treatment 

Collection 
1998 
more 
stringent 
treatment 

Collection 
2000 
secondary 
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 

Regulation of 
discharges of 
industrial waste 
water into 
receiving 
waters 

Transmission 
of 
implementation 
programme 

Article 17 

Article 11 

Article 13 

Deadline >• 

30.06.1993 

31.12.1993 

31.12.1993 

31.12.1993 

30.06.1994 

Belgium 

1992-1995 

1992-1994 

1985-1993 

J992-1993 

Denmark 

1994 

1994 
(Article 5.8) 

1994 

1994 

Germany 

1992-1998 

1992-1998 

1992-1998 

1992-1998 

Spain 

1995-1996 

1998 

1994 

1994 

1994 
(Article 5.8) 

1996 
(Article 5.8) 

1996 and 1998 
(no sensitive 
areas) 

Verification 
underway 

Verification 
underway 

1976-1993 

1976-1993 

1994 

1994 

1996 

1959-1995 

1994 

1994 

1996 

1997 

1990-1994 

1990-1994 

1994 
(Article 5.8) 

1994 
(Article 5.8) 

1994 

1994 

1969-1970 

1969-1995 

1994 

1994 

1994 

1996 

1997 

1994 

1994 

France 

Ireland 

Italy 

Luxembourg 

Netherlands 

Austria 

Portugal 

Finland 

Sweden 

United 
Kingdom 

1994 

1994 

1994 

1994 

1995 

1996 

1994 

1996 

1998 

1997 

1995 

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 
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. 

information  available  on 

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 
In  Greece,  Italy  and 
technologies  when  issuing  discharge  authorisations. 
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... 

Date of publication of 
situation reports 
(Article 16) and 
transmission to the 
Commission 

Date of establishment 
of implementation 
programme 
(Article 17) 

Date of transmission of 
programme to 
Commission 
(Article 17) 

31/12/92 

31/12/94 

31/12/96 

31/12/98 

31/12/2000 
etc. 

*  i if necessary 

— 

30/06/95 

30/06/97 

30/06/99 

31/12/93 

31/12/95* 

31/12/97 * 

31/12/99 * 

30/06/94 

30/06/96* 

30/06/98* 

30/06/2000 * 

30/06/2001 

31/12/2001 * 

30/06/2002 * 

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 

.Member*! 

Population 

.-.State-^-! 
.  •"  *  ,-•  'i 

•' - '  - 

(1000 hab.) 

Normal areas  i 
?Mr$WA - *'>*sSi£; 

Sensitive areas' | 

;  Less sensitive K> 

;|::;  ,  TotaT--

!•*• ••', /i areas/,"';? •¥-» 

agoorner. 

agnomen 

1000 pa 

'ao^omer1 

agglomer. 

1000 pja 

BelgJuroVM 

119 

1.775 

245 

7.389 

Deh'm£rk^f 

,  i  il  ii  hi  Mlii|. I.I.I hi.Jiihl  Mn 

Gerhaj^y;.-^| 

0 

0 

382 

8.393 

1.172 

27.397 

3.650 

79.143 

0 

0 

0 

0 

0 

0 

364 

9.164 

382 

8.393 

4.822 

106.540 

Greece*/^c^f 
' V a; -/ W  ;,$ 

- 

mvMzt 

169 

6.189 

60 

2.101 

86 

1.913 

315 

10.203 

Spain '>  ';£;-> 

2.611 

47.263 

253 

4.659 

356 

22.517 

3.220 

74.439 

Prance  -"\;***torf& 

^ 0 2 7;  ^ 

2.359 

49.927 

1.137 

20.583 

Ireland'  i-:M% 

137 

3.748 

9 

170 

Luxembourg 

Netherlands 

189 5,423-^ 

0 

0 

0 

0 

42 

914 

414 

17.218 

18.569 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

3.496 

70.510 

146 

3.918 

42 

914 

414 

17.218 

703 

18.569 

AustriaS^^S 

Portugal-ii« 

Fjnlanci^M 

703 

flU 
811 

598 

0 

Swiedlen^,!^ 

0 

12.651 

114 

1.814 

34 

1.806 

746 

16.271 

0 

0 

201 

4.007 

454 

7.496 

0 

0 

0 

0 

201 

4.007 

454 

7.496 

United £ / * ## 

Kingdom -v «.>• 

1.764 

61.816 

127 

4.187 

155 

10.523 

2.046 

76.526 

Total  ••< 

;;314^0695' 

9.632 

229.335 

7.088 

158.073 

631  ; 

36.759 

17.351 

424.361 

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. 

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 

1995 

1998 

2000 

2005 

Increase 

1000 p.e. 

1000 p.e. 

1000 p.e. 

1000 p.e. 

1000 p.e. 

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 

914 

1.020 

1.196 

3.862 

• 3.918 

3.040 

346% 

937 

969 

969 

969 

55 

21.780 

21.780 

21.780 

21.780 

21.780 

6% 

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 

sgBddggs} 

13.044 

13.044 

13.044 

13.044 

13.044 

5% 

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 

1995 

1998 

2000 

2005 

Increase 

1000 p.e. 

1000 p.e. 

1000 p.e. 

1000 p.e. 

1000 p.e. 

1000 p.e. 

5.499 

5.950 

6.836 

7.770 

8.300 

9.919 

4.420 

80% 

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 

209% 

«&*v*  -•wP'iev 

40.333 

51.188 

60.761 

66.924 

69.378 

29.045 

72% 

483 

Luxembourg, 

777 

550 

808 

698 

939 

3.641 

3.810 

3.327 

689% 

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 

Urîitètfjp^;.*! 
Kfrîgâofâte» 

13.038 

13.038 

13.038 

13.038 

13.038 

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 

Disposal 

B 

DK 

D 

GR 

E 

F 

IRL 

L 

NL 

A 

P 

FIN 

UK 

Total 

1992 

1995 

Surface  Water 
Reuse. 
Landfill 
Incineration 
Not  Specified 
Total 

Surface  Water 
Reuse. 
Landfill 
Incineration 
Not  Specified 
Total 

17 
34 

8 
59 

22 
39 

17 
78 

110 
25 
40 

175 

1.018 
846 
274 
70 
2.208 

120 
25 
40 

185 

1.151 
857 
411 
93 
2.512 

1998 

Surface  Water 
Reuse. 
Landfill 
Incineration 
Not  Specified 
Total 

33 
37 
11 
32 
113 

125 
25 
50 

200 

1.270 
744 
558 
89 
2.661 

2000 

2005 

Surface  Water 
Reuse. 
Landfill 
Incineration 
Not  Specified 
Total 

Surface  Water 
Reuse. 
Landfill 
Incineration 
Not  Specified 
Total 

40 
43 
11 
37 
131 

47 
40 
14 
58 
159 

125 
25 
50 

200 

1.334 
608 
732 
62 
2.736 

125 
25 
50 

200 

1.391 
500 
838 
58 
2.787 

1 
65 

38 
275 
180 
35 

402 
131 
110 

66 

528 

643 

1 
65 

54 
390 
257 
50 

489 
114 
161 

66 

751 

764 

4 
82 

57 
410 
268 
52 

572 
92 
214 

86 

787 

878 

6 
90 

57 
578 
360 
74 

640 
71 
269 

14 
4 
16 

3 
37 

15 
7 
14 

4 
40 

25 
17 

1 
43 

65 
35 

5 
4 

9 

7 
3 

10 

9 
1 
3 

13 

9 
1 
3 

96 

1.069 

980 

100 

13 

7 
92 

57 
589 
367 
75 

84 
29 

765 

407 

9 
1 
4 

99 

1.088 

1.172 

113 

14 

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 

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 

38 
75 

87 
63 

13 
126 

150 

44 
88 

86 
72 

15 
147 

158 

74 
147 

85 
65 

25 
246 

150 

282 
472 
130 
90 
24 
998 

267 
648 
114 
110 
19 
1.158 

240 
672 
118 
144 
19 
1.193 

104 
209 

90 
60 

35 
348 

150 

1.014 
111 
326 
19 
1.470 

108 
215 

115 
45 

36 
359 

160 

1.118 
114 
332 
19 
1.583 

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 

1993-2000 

2001 -  2005 

1993-2005 

Collec 
ting 
system 

Treat 
ment 
plants 

Total 

Collec 
ting 
system 

Treat 
ment 
plants 

Total 

Collec 
ting 
system 

Treat 
ment 
plants 

Total 

Belgium 

1,01 

1,40 

2,41 

0,75 

0,74 

1,49 

1,77 

2,14 

3,90 

Denmark 

1,30 

1,30 

2,60 

1,10 

0,40 

1,50 

2,40 

1,70 

4,10 

Germany 

25,89 

24,66 

50,55 

9,41 

4,21 

13,62 

35,30 

28,87 

64,17 

Greece* 

0,44 

0,73 

1,17 

-

-

-

0,44 

0,73 

1,17 

Spain 

3,68 

4,90 

8,58 

1,03 

1,26 

2,29 

4,70 

6,15 

10,87 

France 

4,94 

3,74 

8,68 

3,08 

0,28 

3,36 

8,02 

4,02 

12,04 

Ireland 

0,34 

0,79 

1,13 

0,15 

0,35 

0,50 

0,49 

1,14 

1,63 

Luxembourg 

0,00 

0,25 

0,25 

0,00 

0,02 

0,02 

0,00 

0,27 

0,27 

Netherlands 

1,10 

1,83 

2,93 

0,00 

0,00 

0,00 

1,10 

1,83 

2,93 

Austria 

5,20 

1,42 

6,62 

2,47 

0,70 

3,17 

7,67 

2,12 

9,80 

Portugal 

1,41 

0,87 

2,28 

0,04 

0,07 

0,11 

1,46 

0,94 

2,40 

Finland 

0,65 

0,37 

1,02 

0,35 

0,18 

0,53 

1,00 

0,55 

1,55 

Sweden 

1,00 

1,20 

2,20 

0,40 

0,30 

0,70 

1,40 

1,50 

2,90 

United 

Kingdom 

1,47 

7,20 

8,67 

1,31 

2,55 

3,86 

2,78 

9,74 

12,53 

Total 

48,43 

50,66 

99,09 

20,09 

11,06 

31,15 

68,53 

61,70 

130,26 

*  Greece has 

j provide 

d figures 

only for 

the perio 

d  1993-2 

000 

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 

ISSN 0254-1475 

COM(98) 775 final 

DOCUMENTS 

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14  15  01  17 

Catalogue  number  :  CB-CO-98-775-EN-C 

Office  for Official  Publications of the European Communities 

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