REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (the Water Reuse Regulation)
Date: 2024-10-08
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, delegated legislation, irrigation, powers of the institutions (EU), public health, transfer of competence, wastewater, water management, water resources, water supply

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   EUROPEAN COMMISSION  Brussels, 8.10.2024  COM(2024) 442 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (the Water Reuse Regulation)      
 
 
REPORT FROM THE COMMISSION 

TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 

on the exercise of the delegation conferred on the Commission pursuant to Regulation 
(EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on 
minimum requirements for water reuse (the Water Reuse Regulation) 

1. INTRODUCTION 

Regulation 2020/741 on minimum requirements for water reuse1 (the Water Reuse Regulation) 
sets out harmonised minimum water quality requirements for the safe reuse of treated urban 
wastewaters for agricultural irrigation. It also sets out minimum monitoring requirements, risk 
management provisions, permitting requirements and provisions on transparency, which state 
that key information on water reuse projects must be made available to the public. 

Under the Water Reuse Regulation, the production and supply of reclaimed water is subject to 
a permit. Permits must be based on a thorough risk management plan that covers all the key 
elements set out in Annex II to the Regulation. Following an analysis based on the Annex II 
key  elements,  a  risk  management  plan  should  identify  any  additional  water  quality 
requirements necessary to provide sufficient protection of human and animal health and the 
environment. 

Recognising that risk management is central to ensuring the safety of water reuse, the Water 
Reuse Regulation empowers the Commission to adopt delegated acts to amend the Regulation 
to adapt the key elements of risk management set out in Annex II to technical and scientific 
progress. The Commission may also adopt delegated acts to supplement the Regulation with 
technical specifications for these same key elements. 

The Water Reuse Regulation requires that the Commission draws  up a report on how it has 
used this delegation of power. This report focuses on Delegated Regulation (EU) 2024/1765 
supplementing Regulation 2020/741 with regard to technical specifications of the key elements 
of risk management2. 

2. LEGAL BASIS 

Under Article 13(2) of the Water Reuse Regulation, the delegation of powers is conferred on 
the Commission for five years starting on 25 June 2020. The Commission is required to draw 
up a report on how it has used this delegation of power no later than nine months before the 
end of the five-year period, that is no later than 24 September 2024. 

The delegation of power is automatically extended for periods of an identical duration, unless 
the European Parliament or the Council oppose this extension in accordance with Article 13(2). 

1  Regulation  (EU)  2020/741  of  the  European  Parliament  and  of  the  Council  of  25 May  2020  on  minimum 
requirements for water reuse, (OJ L 177, 5.6.2020, p. 32, ELI: http://data.europa.eu/eli/reg/2020/741/oj). 
2 Commission Delegated Regulation (EU) 2024/1765 of 11 March 2024 supplementing Regulation (EU) 2020/741 
of the European Parliament and of the Council with regard to technical specifications of the key elements of risk 
management, (OJ L, 2024/1765, 20.6.2024, ELI: http://data.europa.eu/eli/reg_del/2024/1765/oj). 

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3. EXERCISE OF THE DELEGATION 

Under Article 5(5)  of  the Water  Reuse  Regulation,  the  Commission  is  empowered  to  adopt 
delegated acts amending the Regulation in order to adapt to technical and scientific progress 
the key elements of risk management set out in Annex II to that Regulation. Since the entry 
into force of the Water Reuse Regulation, no scientific or technical developments that require 
updating Annex II have emerged. Therefore, the Commission has not exercised its delegated 
power to amend the Regulation during the five-year period since 25 June 2020. 

Under  the  same Article,  in  its  second  subparagraph,  Commission  may  adopt  delegated  acts 
supplementing the Regulation in order to lay down technical specifications of the key elements 
of  risk  management  set  out  in  Annex  II.  The  Commission  adopted  one  delegated  act, 
Commission  Delegated  Regulation  2024/1765  of  11 March  2024  supplementing  Regulation 
(EU)  2020/741  of  the  European  Parliament  and  of  the  Council  with  regard  to  technical 
specifications  of  the  key  elements  of  risk  management3.  The  Commission  exercised  this 
empowerment due to the need to ensure that the water reuse risk management plans are robust, 
of high quality, and based on a systematic approach, notably at times that call for greater water 
resilience. 

3.1 Delegated Regulation 2024/1765 supplementing Regulation 2020/741 

Risk  management  is  central  to  the  safety  of  water  reuse,  requiring  the  identification  and 
management  of  risks  in  a  proactive  manner.  This  process  can  be  complex  and  requires  a 
multidisciplinary approach involving several bodies. For this reason, technical specifications 
were drawn up  to  ensure that the water reuse risk management plans are  of the appropriate 
quality and in line with international guidelines and standards, such as those produced by the 
World Health Organization and the International Organization for Standardization. 

The Delegated Regulation was drawn up on the basis of robust technical studies, and with the 
involvement of technical experts representing national authorities, water treatment companies 
and other stakeholders, working together in the Water Reuse Working Group4. 

The Delegated Regulation built on the work carried out to draw up Commission guidelines to 
support the application of Regulation 2020/741 on minimum requirements for water reuse5. 

The Expert Group on Water and Floods6 was also involved in the discussions and was given 
the opportunity to comment on the draft delegated regulation. Preparatory meetings were held 
on 17-18 November 2022, 13-14 March 2023 (Working Group Water Reuse) and 16 October 
2023 (Expert Group). The delegated act  was adopted on  11 March 2024  and notified to  the 
European Parliament and to the Council. 

3 Commission Delegated Regulation (EU) 2024/1765 of 11 March 2024 supplementing Regulation (EU) 2020/741 
of the European Parliament and of the Council with regard to technical specifications of the key elements of risk 
management, (OJ L, 2024/1765, 20.6.2024, ELI: http://data.europa.eu/eli/reg_del/2024/1765/oj). 
4  Working  group  set  up  under 
the  common 
https://circabc.europa.eu/ui/group/9ab5926d-bed4-4322-9aa7-9964bbe8312d/library/dd9b4484-2935-4ee8-
b3ce-72f844f3644c. 
5 Commission Notice Guidelines to support the application of Regulation 2020/741 on minimum requirements for 
water reuse 2022/C 298/01, C/2022/5489, (OJ C 298, 5.8.2022, p. 1-55). 
6 Published in the Register of Commission Expert Groups and Other Similar Entities, code number E03687. 

implementation  strategy 

for  EU  water  policy: 

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Neither  the  European  Parliament  nor  the  Council  issued  any  objection  to  the  delegated  act 
within the period of two months specified in Article 13(6) of the Water Reuse Regulation. 

Neither institution initiated an extension of the two-month period by additional two months in 
accordance with the same provision. 

The Delegated Regulation was thus published in the Official Journal of the EU and entered into 
force on 10 July 2024. 

4. CONCLUSION 

The Commission has properly exercised its delegated powers. 

Although it has not yet exercised its delegated powers to amend Annex II to the Water Reuse 
Regulation, it may need to do so in the future to factor in further technological and scientific 
progress in this area. 

The Commission therefore still considers the delegated powers granted to it under Article 5(5) 
of the Water Reuse Regulation necessary. 

The Commission invites the European Parliament and the Council to take note of this report. 

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