CELEX: 51990PC0522
Language: en
Date: 1990-10-24
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING MUNICIPAL WASTE WATER TREATMENT

15. 11. 90                           Official Journal of the European Communities                                No C 287/11
                                                                  II
                                                      (Preparatory Acts)
                                                COMMISSION
              Amendment to the proposal for a Council Directive concerning municipal waste water
                                                        treatment (')
                                                     COM(90) 522 final
              (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 25 October 1990)
                                                       (90/C 287/06)
              O OJ No C 1, 4. 1. 1990, p. 20 [COM(89) 518 final].
                     ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
                                                    Visas u n c h a n g e d
                                                         First recital
Whereas the Council resolution of 28 June 1988 invited               Whereas the Council resolution of 28 June 1988 invited
the Commission to submit proposals for measures                      the Commission to submit proposals on the treatment of
required at any level for the treatment of municipal                 municipal sewage and industrial waste waters and ways
sewage;                                                              of reducing the amount of fertilizers from various
                                                                     sources;
                                   Second, third and fourth recitals u n c h a n g e d
                                                        Fifth recital
Whereas industrial waste water entering collecting                   Whereas industrial waste water entering collecting
systems as well as the disposal of waste water and sludge            systems as well as the disposal of waste water and sludge
from municipal waste water treatment plants should be                from municipal waste water treatment plants must be
subject to authorization;                                            subject to authorization;
                                                Sixth r e c i t a l u n c h a n g e d
                                                       Seventh recital
Whereas the recycling of sludge should be encouraged;                Whereas the recycling of sludge must be encouraged;
whereas when sludge is used for agricultural purposes,               whereas when sludge is used for agricultural purposes
use is to take place in conformity with Council Directive            use is to take place in conformity with Council Directive
86/278/EEC; whereas the disposal of sludge at sea                    86/278/EEC; whereas the disposal of sludge at sea must
should be phased out;                                                be phased out in the near future;
 ---pagebreak--- No C 287/12                           Official Journal of the European Communities                                     15. 11.90
                      ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
                                                                                               Recital 7a
                                                                                                 (new)
                                                                      Whereas with regard to the growing demand for water
                                                                      in certain areas the discharge into a liquid medium of
                                                                      waste water which is free of dangerous and/or
                                                                      non-volatile substances constitutes wastage of a valuable
                                                                      resource, which should therefore be recycled;
                                                                                               Recital 7b
                                                                                                 (new)
                                                                      Whereas in order to facilitate the possible extension of
                                                                      treatment plants, especially in the event of technological
                                                                      progress and changes in regulations, potential capacity
                                                                      should be borne in mind as a decisive criterion when
                                                                      siting future plants;
                                        Eight and ninth recitals u n c h a n g e d
                                                            Tenth recital
Whereas the establishment and the presentation to the                Whereas the establishment and the presentation to the
Commission of national programmes by Member States                    Commission of national programmes by Member States
will help ensure the coordination of the necessary                   will help ensure the coordination of the necessary
measures to be taken to achieve the aims of this                      measures to be taken to achieve the aims of this
Directive;                                                            Directive; whereas reports on the application of this
                                                                      Directive drawn up by the Member States must be
                                                                      published periodically;
                                                           Eleventh recital
Whereas, in order to improve and accelerate practical                Whereas, in order to improve and accelerate practical
implementation of this Directive, the technical content of            implementation of this Directive, the technical content of
the Annexes must, where appropriate, be speedily                     the Annexes must, where appropriate, be supplemented,
elaborated or amended and whereas, in order to                        reassessed or amended in the light of new research and
facilitate application of the measures required for this              scientific knowledge; whereas, in order to facilitate
purpose, provision should be made for a uniform                       application of the measures required for this purpose,
procedure establishing close cooperation between the                  provision should be made for a uniform procedure estab-
Member States and the Commission;                                     lishing close cooperation between the Member States and
                                                                      the Commission;
                              Twelfth, t h i r t e e n t h and fourteenth recital u n c h a n g e d
                                                                                              Recital 14a
                                                                                                 (new)
                                                                      Whereas municipalities should instal waste water
                                                                      treatment plants in parallel with collecting systems;
 ---pagebreak--- 15. 11. 90                            Official Journal of the European Communities                                    No C 287/13
                     ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
                                            Articles 1, 2 and 3 unchanged
                                                                Article 4
1.    Member States shall ensure that, by 31 December                   1.    Member States shall ensure that, by 31 December
1998, municipal waste water entering collecting systems                 1998, municipal waste water entering collecting systems
shall before discharge be subject to secondary treatment                shall before discharge be subject to secondary treatment
or an equivalent process, in the following circumstances:               or a process allowing equivalent yield, in the following
                                                                        circumstances :
    for discharges to fresh water and estuaries from                        for discharges to fresh water and estuaries from
    municipalities representing 2 000 p.e. or more,                         municipalities representing 1 000 p.e. or more,
    for discharges to coastal waters from municipalities                    for discharges to coastal waters from municipalities
    representing 10 000 p.e. or more.                                       representing 5 000 p.e. or more.
                                                   Paragraph 2 unchanged
3.    The load, expressed in p.e., shall be calculated on               3.    The load, expressed in p.e., shall be calculated on
the basis of the maximum daily load entering the                        the basis of the maximum daily load entering or likely to
treatment plant during the year excluding unusual situ-                 enter the treatment plant during the year excluding
ations such as those due to heavy rain.                                 unusual situations such as those due to heavy rain.
                                                                Article 5
                                                  Paragraph 1 unchanged
2.    Member States shall ensure that, by 31 December                   2.    unchanged
1998, municipal waste water entering collecting systems
shall before discharge into sensitive areas be subject to
more stringent treatment than that described in Article 4
in the following circumstances:
    for discharges to fresh water and estuaries, from                       for discharges to fresh water and estuaries, from
    municipalities representing 2 000 p.e. or more,                         municipalities representing 1 000 p.e. or more,
    for discharges to coastal waters, from ,municipalities                  for discharges to coastal waters, from municipalities
    representing 10 000 p.e. or more.                                       representing 5 000 p.e. or more.
                                            P a r a g r a p h s 3 and 4 u n c h a n g e d
                                                                Article 6
                                                   Paragraph 1 unchanged
2.    Municipal waste water discharges to coastal waters                2.    Municipal waste water discharges to coastal waters
situated in areas described in paragraph 1, may be                      situated in areas described in paragraph 1, may, by way
subjected to less stringent treatment than prescribed in                of exception, be subjected to less stringent treatment
Article 4 providing that:                                               than prescribed in Article 4 providing that:
 ---pagebreak---  No C 287/14                           Official Journal of the European Communities                                           15. 11. 90
                     ORIGINAL PROPOSAL                                                           AMENDED PROPOSAL
— such discharges receive at least primary treatment,                        unchanged
    comprehensive studies indicate that such discharges
    will not adversely affect the environment.
                                                      Paragraph 3 unchanged
                                                  Articles 7 and 8 u n c h a n g e d
                                                                     Article 9
Member States shall ensure that the municipal waste                          Member States shall ensure that the municipal waste
water treatment plants described in Articles 4, 5, 6 and 7                   water treatment plants described in Articles 4, 5, 6 and 7
are designed and constructed to maintain sufficient                          are designed and constructed to maintain sufficient
performance under all normal climatic conditions. When                       performance under all normal climatic conditions, and
designing the plants, seasonal variations of the load shall                  that their treatment capacity is actually based on the
be taken into account.                                                       criterion laid down in Article 4 (3).
                                       A r t i c l e s 10, 1 1 , 12 a n d 13 u n c h a n g e d
                                                                    Article 14
                                                      Paragraph 1 unchanged
2.    Competent authorities shall monitor waters subject                     2.    Competent authorities shall regularly monitor
to discharges from municipal waste water treatment                           waters receiving discharge from municipal waste water
plants and direct discharges according to Article 12 to                      treatment plants and the ecosystem concerned, at least
verify that the environment is not adversely affected.                       once a year, and direct discharges according to Article
                                                                             12, to verify that environment is not adversely affected.
                                          P a r a g r a p h s 3, 4 a n d 5 u n c h a n g e d
                                                       A r t i c l e 15 u n c h a n g e d
                                                                    Article 16
                                                P a r a g r a p h s 1 to 5 u n c h a n g e d
6.    The Commission shall review and assess the infor-                      6.    The Commission shall review and assess the infor-
mation related to this Directive and publish a report at                     mation related to this Directive and publish a report to
intervals.                                                                   be submitted each three years to the European Par-
                                                                             liament.
 ---pagebreak--- 15. 11.90                              Official Journal of the European Communities                                        No C 287/15
                     ORIGINAL PROPOSAL                                                         AMENDED PROPOSAL
                                               A r t i c l e s 17 to 20 u n c h a n g e d
                                                                                                   Article 20a
                                                                                                       (new)
                                                                        Member States together with the Commission shall
                                                                        ensure that under no circumstances will measures
                                                                        introduced under this Directive lead to a deterioration of
                                                                        the environment.
                                              A r t i c l e s 21 a n d 22 u n c h a n g e d
                                                                 ANNEX I
                                                       Point 1 to 5 unchanged
                                                                                                      Point 5a
                                                                                                       (new)
                                                                        5a. Industrial waste water similar to municipal waste water
                                                                            means: waste water other than the types mentioned above,
                                                                            with a COD which does not exceed three times its BOD,
                                                                            for instance, waste water from hospitals, hotels, the agri-
                                                                            foodstuffs industry, etc.
                                                      Points 6 to 9 unchanged
10. Primary treatment means: treatment of municipal waste               10. Primary treatment means: treatment of municipal waste
    water by a physical process involving settlement of                     water by a physical process involving settlement of
    suspended organic solids, or other processes in which the               suspended organic solids, or other processes in which the
    five-day BOD of the incoming waste water is reduced by 20               five-day BOD of the incoming waste water is reduced by 20
    to 40 °/o.                                                              to 40 %, and the settleable matter by at least 60 to 70 %.
                                                  Points 11 and 12 unchanged
                                                                ANNEX II
                                                         Heading A, indent 3a
                                                                  (new)
                 control of run-off water with a view to its undergoing specific treatment at a later date.
                                                      Remainder unchanged
                                              Annex III and IV unchanged