COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on minimum requirements for water reuse
Date: 2020-04-15
Institutions: Directorate-General for Environment, European Commission
Subjects: environmental protection, irrigation, public health, use of water, wastewater, water consumption, water requirements, water resources, water supply, water treatment

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   EUROPEAN COMMISSION  Brussels, 15.4.2020  COM(2020) 125 final 2018/0169 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on minimum requirements for water reuse (Text with EEA relevance)  
 
2018/0169 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on minimum requirements for water reuse 

(Text with EEA relevance) 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM(2018) 337 final – 2018/0169 COD) 

28 May 2018 

Date the Committee of the Regions adopted its Opinion on the 
proposal 

6 December 2018 

Date  the  European  Economic  and  Social  Committee  adopted  its 
Opinion on the proposal 

12 December 2018 

Date of the position of the European Parliament, first reading: 

12 February 2019 

Date of Council agreement on a general approach 

26 June 2019 

Dates of the trilogues 

Date  Committee  of  Permanent  Representatives  confirmed  the 
compromise agreement 

10 October 2019 

12 November 2019 

2 December 2019 

18 December 2019 

Date    the  ENVI  Committee  of  the  European  Parliament  voted  to 
endorse the compromise agreement  

21 January 2020 

Date  of  political  agreement  in  the  Committee  of  Permanent 
Representatives (I/A Item) 

5 February 2020  

Date of political agreement in Council (I/A Item) 

18 February 2020 

Date Committee of Permanent Representatives adopted the Position 
of the Council (I/A Item)  

20 March 2020 

Date of adoption of the Council first reading position 

7 April 2020 

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2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

Water is a limited resource in the EU, with one third of the EU territory experiencing water 
stress.  The  growing  needs  of  populations,  combined  with  climate  change,  will  make  the 
availability of water in sufficient quantity and quality even more of a challenge in Europe in 
the future. 

The  objective  of  the  proposal  on  minimum  requirements  for  water  reuse  is  to  contribute  to 
alleviating  water  scarcity  across  the  EU,  in  the  context  of  adaptation  to  climate  change,  by 
increasing the uptake of the practice of water reuse in agricultural irrigation.  

In addition to demand management and efficiency measures, water reuse is one important tool 
in  the  context  of  integrated  water  management.  It  should  be  encouraged  wherever  it  is 
relevant  and  cost-effective,  while  safeguarding  public  health  and  ensuring  environmental 
protection.  

The proposal sets out harmonised minimum water quality requirements for the safe reuse of 
treated  urban  wastewaters  in  agricultural  irrigation.  To  be  suitable  for  use  in  agriculture, 
treated urban wastewater that has already undergone certain treatments under the rules of the 
Urban Wastewater Treatment Directive would need to undergo further treatment to meet the 
minimum quality parameters.  

By setting minimum requirements, the proposal provides for a harmonised approach to water 
reuse for irrigation across the EU. This will ensure a level playing field for both the operators 
producing and supplying reclaimed waters and for farmers. 

It  is  estimated  that  the  proposed  instrument  could  lead  to  approximately  6.6  billion  m3  of 
water being reused per year in agricultural irrigation, as compared to 1.7 billion m3 per year 
in the absence of any EU legal framework. Reusing more than 50% of the total water volume 
theoretically available for irrigation from wastewater treatment plants in the EU would avoid 
more than 5% of direct abstraction from water bodies and groundwater. This would result in 
an over 5% reduction in water stress overall.  

4. 

COMMENTS ON THE POSITION OF THE EUROPEAN PARLIAMENT 

The  European  Parliament’s  first  reading  position,  adopted  on  12  February  2019,  suggested 
amendments to the Commission proposal, notably:  

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references to a future widening of the scope of the legislation;  

new responsibilities for actors in  the water reuse system other than the reclamation 
plant operators; and  

a more prominent role for the competent authorities.  

In  addition,  the  European  Parliament  introduced  specific  provisions  to  address  the  potential 
risks  of  microplastics.  As  part  of  the  agreement  reached  in  trilogue,  the  Commission 
recognised microplastics as an issue of emerging concern and committed to further pursue its 
efforts  to  address  the  issue.  To  this  effect,  the  Commission  agreed  to  issue  the  following 
declaration:  “The  Commission  acknowledges  that  microplastics  are  substances  of  emerging 
concern in relation to water quality. In the light hereof, and considering that this is a general 
issue not limited to reclaimed water only, the Commission undertakes to pursue its efforts to 
further address this important issue.”  

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Following  the  Council's  adoption  of  its  first  reading  position,  the  European  Parliament  is 
expected to formally endorse the agreement reached in the trilogues. 

5. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  Council's  position  reflects  the  agreement  reached  in  the  trilogues.  The  most  important 
changes introduced compared to the Commission’s proposal include:  

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– 

– 

– 

a discretionary clause enabling Member States to decide whether water reuse is to be 
allowed  in  their  territory  or  part  of  their  territory,  subject  to  tight  conditions  and  a 
need to justify and regularly review such decisions;  

the introduction of the concept of ‘water reuse system’, which can comprise several 
actors from the reclamation plant operator to the end user;  

a more prominent role for public authorities in risk management; and  

greater  flexibility  for  the  Member  States  in  organising  the  risk  management  and 
permitting system.  

In  general  the  agreement  reached  preserves  the  objectives  of  the  Commission’s  original 
proposal,  maintaining  the  level  of  ambition  of  the  minimum  requirements  but  allowing  the 
flexibility desired by the Member States in implementing the new rules.  

6. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

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