CELEX: 51989PC0518
Language: en
Date: 1989-11-13
Title: PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING MUNICIPAL WASTE 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)
 ---pagebreak---                                                        &*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
      water    pollut ion. The     Environment   CounciI   in   its
 —~'"'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
 ---pagebreak---                            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
 ---pagebreak---                                             - 3 -
  i
  I
          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
a-       misât specific environmental            needs, such as reduction of
t|       nutrlsnts      (for     uihlcn    there    are    specific    provisions)
-        roductI on of bactsr)o, Gtc.
5   [ )) 0. ë~ 0 54, 5.5,19^9»
 ---pagebreak---                            - 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
environment. The       Commission    felt   that   it   was
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.
 ---pagebreak---                             - 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      bearing    in    mind    the   principle     of
'subs Id i arIty'. Th i s means that act i on shouId be taken
 ---pagebreak---                          - 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
 ---pagebreak---                             - 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.
 ---pagebreak---                                                  -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;
Whereas i t i s necessary i n s e n s i t i v e areas t o require more
s t r i n g e n t treatment and whereas in some l e s s s e n s i t i v e marine
areas a primary treatment could be considered appropriate;
Whereas i n d u s t r i a l waste water entering c o l l e c t i n g systems as
well as the d i s p o s a l of waste water and sludge from municipal
waste water treatment p l a n t s should be s u b j e c t t o
authorisation;
Whereas s i m i l a r requirements for treatment, as those for
municipal waste water, should be applied for d i r e c t discharges
of i n d u s t r i a l waste water, when the i n d u s t r i a l waste water i s
of a nature s i m i l a r t o municipal waste water;
Whereas the r e c y c l i n g of sludge should be encouraged; whereas when sludge
i s used f o r a g r i c u l t u r a l purposes use i s t o take place i n c o n f o r m i t y w i t h
Council D i r e c t i v e 86/278/EEC ( 2 ) ; whereas the d i s p o s a l of sludge at sea
should be phased o u t ;
Whereas it is necessary to monitor treatment plants,
r e c e i v i n g waters and land, t o control treatment p r o c e s s e s and t o
ensure t h a t the discharge of waste water does not adversely
a f f e c t the environment;
 (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 .
 ---pagebreak---                                   - 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             take    measures to
help Member States        assist   each other in the provision of
 training for staff and exchange of technical/scientific
 information to improve the efficiency of municipal waste water
treatment;
Whereas Member States may take more stringent measures than
those provided for under this Directive,
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                                   - 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.
                                                  Article 2
The definitions of the terms given in Annex I shall apply for the purposes
of this Directive.
                                                  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 in paragraph 1 shall satisfy the
    r e q u i r e m e n t s o f Annex I I (A).These r e q u i r e m e n t s may b e
    e l a b o r a t e d o r amended in accordance with the procedure laid down
    in Article 18.
                                                  Article 4
1.  Member         States         shall      ensure         that,     by  31  December 1998,
    municipal          waste        water        entering       collecting    systems       shall
    before         discharge         be      subject         to    secondary   treatment         or
    an      equivalent            process,        in       the    following   circumstances:
    - for d i s c h a r g e s t o fresh water and e s t u a r i e s from
        m u n i c i p a l i t i e s r e p r e s e n t i n g 2,000 p . e . or more;
    - for d i s c h a r g e s t o c o a s t a l waters from m u n i c i p a l i t i e s
        r e p r e s e n t i n g 10,000 p . e . or more;
2 . D i s c h a r g e s from m u n i c i p a l w a s t e w a t e r t r e a t m e n t p l a n t s
    described in paragraph 1 shall satisfy the relevant requirements
    o f Annex I I B. These r e q u i r e m e n t s may b e e l a b o r a t e d o r
    amended in accordance with the procedure laid down in Article 18.
3. The load expressed in p . e . s h a l l be c a l c u l a t e d on the b a s i s
    of t h e maximum d a i l y load e n t e r i n g t h e treatment p l a n t
    during t h e year excluding unusual s i t u a t i o n s such as t h o s e
    due t o heavy r a i n .
 ---pagebreak---                                                     Article 5
 1.    Member States s h a l l by 31 December 1991 i d e n t i f y , f o r the p'..;eposes of
       paragraph 2, s e n s i t i v e areas according t o c r i t e r i a '..nid down i n
       Annex I I I .
2.     Member          States         shall          ensure         that,      by   31 December
       1998,         municipal          waste         water         entering       collecting
      s y s t e m s s h a l l b e f o r e d i s c h a r g e i n t o s e n s i t i v e a r e a s be
      s u b j e c t t o more s t r i n g e n t t r e a t m e n t than t h a t d e s c r i b e d i n
      A r t i c l e 4 in the following circumstances:
      - f o r d i s c h a r g e s t o f r e s h w a t e r and e s t u a r i e s , from
          m u n i c i p a l i t i e s r e p r e s e n t i n g 2 , 0 0 0 p . e . o r more;
      - f o r d i s c h a r g e s t o c o a s t a l w a t e r s , from m u n i c i p a l i t i e s
          r e p r e s e n t i n g 1 0 , 0 0 0 p . e . or more.
3 . Member s t a t e s s h a l l e n s u r e t h a t t h e i d e n t i f i c a t i o n s of
      s e n s i t i v e a r e a s a r e r e v i e w e d a t i n t e r v a l s o f no more than 4
      years.
4 . D i s c h a r g e s from m u n i c i p a l w a s t e water t r e a t m e n t p l a n t s
      described in paragraph 2 shall satisfy the relevant requirements
      o f Annex I I B. These r e q u i r e m e n t s may be e l a b o r a t e d or
      amended in accordance with the procedure laid down in Article 18.
                                                    Article 6
1.    Member States may i d e n t i f y by 31 December 1 9 9 1 , for the purposes of
      paragraph 2 , l e s s - s e n s i t i v e areas according to c r i t e r i a l a i d down
      in Annex I I I .
2 . Municipal w a s t e w a t e r d i s c h a r g e s t o c o a s t a l w a t e r s            situated
      in areas described in paragraph 1 , may be subjected to                                       less
      stringent treatment than prescribed i n A r t i c l e 4 providing t h a t :
      - such d i s c h a r g e s r e c e i v e a t l e a s t primary t r e a t m e n t ;
      - comprehensive s t u d i e s i n d i c a t e t h a t such d i s c h a r g e s w i l l
          n o t a d v e r s e l y a f f e c t t h e environment.
3 . Member S t a t e s s h a l l e n s u r e t h a t t h e i d e n t i f i c a t i o n s o f l e s s
      s e n s i t i v e a r e a s a r e r e v i e w e d a t i n t e r v a l s o f no more than 4
      years.
                                                    Article 7
Member States                   shall        ensure          that,      by      31   December 1998,
municipal             waste          water        entering          collecting       systems
s h a l l b e f o r e d i s c h a r g e be s u b j e c t t o a p p r o p r i a t e t r e a t m e n t , i n
the following circumstances:
- f o r d i s c h a r g e s t o f r e s h w a t e r and e s t u a r i e s from
     m u n i c i p a l i t i e s r e p r e s e n t i n g l e s s than 2 , 0 0 0 p . e . ;
- f o r d i s c h a r g e s t o c o a s t a l w a t e r s from m u n i c i p a l i t i e s
r e p r e s e n t i n g l e s s than 1 0 , 0 0 0 p . e .
 ---pagebreak---                                                    - 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                                sufficient performance
under all normal climatic conditions. When designing the
plants, seasonal variations of the load shall be taken into
account.
                                               Article 10
1-   Member           States        shall        ensure        that,        before       31 December
     1991,          industrial           waste        water      which          enters
    c o l l e c t i n g s y s t e m s and m u n i c i p a l w a s t e w a t e r t r e a t m e n t
    p l a n t s a r e s u b j e c t t o p r i o r a u t h o r i s a t i o n by t h e competent
    authority.
2 . A u t h o r i s a t i o n s s h a l l s a t i s f y t h e r e q u i r e m e n t s o f Annex I I C.
    These r e q u i r e m e n t s may be e l a b o r a t e d or amended in accordance
     with the procedure laid down in Article 18.
3 . Competent a u t h o r i t i e s s h a l l a l s o e n s u r e t h a t t h e
    authorisations referred to in paragraph 1 comply with                                      any
    other relevant Community Directive.
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             authorities          shall        ensure         that,        before
    31 December 1998,                 the disposal           of     waste water and of
    s l u d g e from m u n i c i p a l w a s t e w a t e r t r e a t m e n t p l a n t s i s
    subject to authorisation.
?   A u t h o r i s a t i o n s of d i s c h a r g e s from m u n i c i p a l w a s t e v / a t e r
    treatment plants made pursuant to paragraph 1 shall contain
    c o n d i t i o n s t o s a t i s f y t h e r e l e v a n t r e q u i r e m e n t s of Annex I I
    B. T h e s e r e q u i r e m e n t s may be e l a b o r a t e d o r amended in
    acccrdance w i t h the procedure l a i d down i n A r t i c l e              18.
 ---pagebreak---                                              - 13 -
3. Competent authorities shall insure that authorisations are
       reviewed at intervals of no more than 4 years.
                                            Article 12
Member States s h a l l ensure t h a t , b e f o r e 31 December                   1998,
 i n d u s t r i a l waste waters which
- are of a n a t u r e s i m i l a r t o m u n i c i p a l waste w a t e r ,
- do not enter municipal waste water treatment p l a n t s
     before discharge t o r e c e i v i n g waters,
s h a l l be considered for the purpose of t h i s Directive as
municipal waste waters and be s u b j e c t                         t o the relevant
p r o v i s i o n s of t h i s Directive.
                                            A r t i c l e 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                        are         progressively reduced
           to comply inter alia with any relevant international
           commitments.
                                            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.
 ---pagebreak---                                                  -14 —
4.   I n f o r m a t i o n c o l l e c t e d by competent a u t h o r i t i e s i n complying
     with paragraphs 1, 2 and 3 and other relevant information shall
     be r e t a i n e d by t h e Member S t a t e and made a v a i l a b l e t o t h e
     Commission w i t h i n 3 months o f r e c e i p t o f a r e q u e s t .
5 . Guidelines on monitoring mentioned in paragraphs 1, 2 and 3 may be
     e l a b o r a t e d f o l l o w i n g t h e procedure l a i d down i n A r t i c l e 1 8 .
                                                A r t i c l e 15
1. Member             States         shall       ensure         that,    before 31 December
     1991,        the following              information         related    to    municipal
    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
         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 l l e s t a b l i s h , b e f o r e 31 December 1 9 9 1 , a
    programme f o r t h e implementation of t h i s D i r e c t i v e .
2.  Member States s h a l l ,               before       31 December 1 9 9 1 ,    provide
    the Commission w i t h i n f o r m a t i o n on the programme.
3 . Member S t a t e s s h a l l p r o v i d e t h e Commission by 30 June each
    y e a r w i t h an update o f t h e i n f o r m a t i o n d e s c r i b e d i n paragraph 2
 ---pagebreak---                                        -15 -
4.  The   information  described       in  paragraphs ?. and 3 s h a l l be prepared
    on the basis of Annex IV. This Annex as well as formats for
    the provision of t h i s information may be elaborated or
    amended i n accordance w i t h t h e orocedure l a i d down i n A r t i c l e 18.
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
    Committee a draft of the measures to be taken. The Committee
    shall     deliver    its       opinion      on       the draft withir. a
    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.
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.
 ---pagebreak---                                   - 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.
                                Article 22
This Directive is addressed to the Member States.
Done at                                                    For the CounciI
 ---pagebreak--- I                                -17-
À,'
&                                                    ANNEX I
I
I                               DEFINITIONS
!    For the purpose of this directive:
(    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.
I   2)   "Collecting system" means: a system of conduits which
î        collects and conducts municipal waste water to a municipal
j        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 0 2 .
    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.
 ---pagebreak---                             - 18 -
                                         ANNEX II
             REQUIREMENTS FOR MUNICIPAL WASTEWATER
A. Collecting systems                                           -~*
                                                                  v. *
Collecting systems shall take into account existing and future   "f
waste water treatment requirements.                                4
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.
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.
 ---pagebreak---                                 - 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, •
 ---pagebreak--- 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         MAXIMUM        PERCENTAGE        REFERENCE METHOD OF
                        RESULTS          DAILY AVERAGE    OF REDUCTION           MEASUREMENT
                                         CONCENTRATION
   Biochemical oxygen    mg/1 o 2             25              70-90         Determination of dissolved
   demand (B0D5 at                                                          oxygen before and after
   20 °C) without                                                           five-day incubation at
   nitrification                                                            20'C + 1°C, in complete
   (1)                                                                      darkness. Addition of a
                                                                            nitrification inhibitor
   Chemical oxygen       mg/1 0 2            100               75 (2)       Potassium
   demand (COD)                                                             dichromate method
   Total suspended       mg/1                 30                            - Filtering through a
   solids                                                                     0,45 jam. filter
                                                                              membrane.
                                                                              Drying at 105 C C 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 BOD 5 and the substitute parameter.
     The relationship shall be controlled every 6 months.
 (2) Minimum percentage of reduction.
 ---pagebreak--- 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.
                                           MAXIMUM          MINIMUM
    PARAMETERS       EXPRESSION OF         AVERAGE        PERCENTAGE        REFERENCE METHOD OF
                        RESULTS         CONCENTRATION    OF REDUCTION         MEASUREMENT
   Total
   phosphorus          mg/1 P                 1                80           Molecular adsorption
                                                (1)                         Spectrophotometry
   Total                                                                                             I
   nitrogen            mg/1 N                10                80           Molecular adsorption
                                                (2)                         Spectrophotometry
 (1) Daily average concentration.
 (2) Annual average concentration; daily average should not exceed 20 mg/1
 ---pagebreak---                             - 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.
 ---pagebreak--- 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.
 ---pagebreak---                              -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.
                                                                £
 ---pagebreak---                                                                          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%
                                                  Rue de lo Loi 200 - B-104» Brussels - Belgium
Telephone: direct tins 23  telephone exchange 239 11 11 - Telex COMEU 8 21877 - Telegraphic oddreee 0TACUR Bruxelles - T«l«fox 235 01 44
 ---pagebreak---                          ;• ; - 24-
   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
 ---pagebreak---                               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.
 ---pagebreak---                             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.)                                                       4
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 ?                             -^
                                                                  f
                                                                  i
     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  i
     submit measures to assist Member States in the provision    f
     of training.                                                 :
                                                                  *
VII. Have both sides of industry been consulted ?                t
     No.
 ---pagebreak---  ---pagebreak---                                                                         ISSN 0254-1475
                                                                 COM(89) 518 final
                                                         DOCUMENTS
  EN                                                                               15
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                                   Catalogue number : CB-CO-89-477-EN-C
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