What changed between the plenary report and the adopted text

Recital 31 a (new): (31a) Substantial funding from the Union is currently available to meet the costs of implementing the Urban Wastewater Treatment Directive. Cohesion Policy allocations have amounted to EUR 38,8 billion for the wastewater sector since 2000. Besides cohesion policy funding for direct investment in the water sector, Union funds, including cohesion policy funds, Horizon 2020 and LIFE funds, also supported research in the Union water sector. Between 2000 and 2017, the Union financed a total of 138 LIFE projects related to wastewater treatment. Further support at Union level will be necessary to implement new ambitious goals and leave no one behind while ensuring a high level of urban wastewater treatment and citizens’ access to such treatment across Europe. The financing of the quaternary treatment however should be financed through the national EPR schemes together with national financing to limit the impact on citizens’ water bills and to ensure that the polluter pays principle is respected. As an additional measure in line with the implementation assessment, the Commission should ensure that appropriate financial means are provided for wastewater treatment to ensure complex fulfilment of the obligations provided for in this Directive by all Member States through the investment programs of the next Multiannual Financial Framework (MFF, post-2027).

Recital 32: (32) The urban wastewater collection and treatment sector is specific, with public and small enterprises being connected to the collecting system without having the possibility to choose their operators. It is therefore important to secure access to water and sanitation. It is also important to ensure public access to operators’ key performance indicators, such as the level of treatment achieved, the costs of treatment, the energy used and produced, and the related GHG emissions and carbon footprint. In order to make the public more aware of the implications of urban wastewater treatment, key information on the annual wastewater collection and treatment costs for each household should be provided in an easily accessible manner on the invoices, while other detailed information should be accessible in a user-friendly format online, on a website of the operator or the competent authority.

Recital 33: (33) Directive 2003/4/EC of the European Parliament and of the Council66 guarantees the right of access to environmental information in the Member States in line with the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’). The Aarhus Convention encompasses broad obligations related both to making environmental information available upon request and actively disseminating such information. It is important that the provisions of this Directive related to access to information and data-sharing arrangements complement that Directive, by establishing the obligation to make available to the public online information on the collection and treatment of urban wastewater in a user-friendly manner, without creating a separate legal regime. In ensuring that the public in the concerned area is informed of the harmful and significant contamination levels in the event of water pollution above the threshold set by the Union or the national legislation, Member States should take into account guidance by the Commission and establish public warning systems based on best-practice solutions such as the Cell Broadcast Technology.

Recital 35: (35) To adapt this Directive to scientific and technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending certain parts of the Annexes with regard to the requirements for the secondary, tertiary and quaternary treatment and the requirements for specific authorisations for discharges of non-domestic wastewater into collecting systems and urban wastewater treatment plants and in respect of supplementing this Directive by establishing minimum reuse and recycling rates for phosphorus and nitrogen from urban wastewater and sludge, in order to incentivise a variety of recovery techniques, including pyrolysis and struvite precipitation, as well as nutrient recovery from sludge. Considering that phosphorous and nitrogen are valuable resources for agriculture, the Commission should adopt those delegated acts within one year of the end of the transposition period for this directive. Within this time period, it is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematica…

Recital 36: (36) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission for the adoption of standards for the design of individual systems, for the adoption of monitoring and assessment methods for the indicators of the quaternary treatment, for the establishment and updating of the list of micro-pollutants, for the establishment of common conditions and criteria for the application of the exoneration for certain products from extended producer responsibility, for establishing methodologies to support the development of integrated urban wastewater management plans and to measure antimicrobial resistance and micro-plastics in urban wastewater, and for the adoption of the format of, and modalities for, presenting the information to be provided by Member States and compiled by the EEA on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council67. The Commission should adopt a delegated act to set requirements for the monitoring of micro-plastics in urban wastewater provided for in this Directive, in accordance with the procedure referred to in this Directive, 12 months after they are added to the watch list under Directive 2022/0344 (COD).

Recital 37 a (new): (37a) It is important to ensure that this Directive provides for the achievement of a better quality of water while not jeopardising the accessibility, availability and affordability of vital products.

Recital 37 b (new): (37b) The Member States should be able to envisage additional reimbursement of the difference of costs generated by the requirements provided for in this Directive for the purpose of supporting essential medicines in order to ensure they remain available on the market and accessible for citizens.

Recital 38: (38) Pursuant to the Interinstitutional Agreement on Better Law-Making68, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gained and data collected during the implementation of this Directive, on any available WHO recommendations, and on relevant scientific, analytical, and epidemiological data. In the evaluation, particular attention should be given to the possible necessity to introduce reduction targets for greenhouse gas emissions from the wastewater treatment sector, the need to remove micro-plastics and PFAS from urban wastewater before discharge, the need to adapt of the list of products to be covered by extended producer responsibility according to the evolution of the range of products placed on the market, and to the method of eliminating and denaturing such products at the final use stage without major environmental impacts, the improvement of knowledge on the presence of micro-pollutants in the wastewaters and their impacts on public health and the environment, and data from the new monitoring and analysis obligations on micro-pollutants in the inlets and outlets of the urban wastewater treatment plants. In taking the relevant measures at Union and national level to achieve the zero pollution objective for water pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary …

Article 1 – paragraph 1: This Directive lays down rules on the collection, treatment, and discharge of urban wastewater, to protect the environment and health, in accordance with the One Health approach, while progressively reducing greenhouse gas emissions and improving the energy balance of urban wastewater collection and treatment activities while contributing to the transition towards a circular economy. It also lays down rules on access to sanitation for all, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters, and through integrated wastewater management planning it aims to increase synergies with climate change adaptation and urban ecosystem restoration action.

Article 2 – paragraph 1 – point 1: (1) ‘urban wastewater’ means any of the following:

Article 2 – paragraph 1 – point 1 – point a (new): a) domestic wastewater;

Article 2 – paragraph 1 – point 1 – point b (new): (b) the mixture of domestic wastewater and non-domestic wastewater;

Article 2 – paragraph 1 – point 1 – point c (new): (c) the mixture of domestic wastewater and urban runoff;

Article 2 – paragraph 1 – point 1 – point d (new): (d) the mixture of domestic wastewater, non-domestic wastewater and urban runoff;

Article 2 – paragraph 1 – point 3 – introductory part: (3) ‘ non-domestic wastewater ’ means any wastewater which is not predominantly a product of the human metabolism or household activities and is discharged into collecting systems from premises used for either of the following:

Article 2 – paragraph 1 – point 4: (4) 'agglomeration' means an area where the pollution load of urban wastewater is sufficiently concentrated (25 p.e. per hectare or above) for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;

Article 2 – paragraph 1 – point 5: (5) ‘urban runoff’ means rainwater, snow or meltwater from agglomerations collected by combined or separate sewers;

Article 2 – paragraph 1 – point 6: (6) 'storm water overflow’ means discharge of partially treated and untreated urban wastewater in receiving waters from combined sewers or from urban wastewater treatment plants caused by excessive rainfall;

Article 2 – paragraph 1 – point 19: (19) 'Producer Responsibility Organisation’ means an organisation established under the supervision of Member States’ competent authorities with support to enable producers to fulfil their obligations under Article 9;

Article 2 – paragraph 1 – point 19 a (new): (19a) ‘polluter pays principle’ means a principle according to which polluters shall bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution;

Article 2 – paragraph 1 – point 20: (20) ‘sanitation’ means facilities and services for the safe, hygienic, secure, and socially and culturally acceptable disposal of human urine and faeces, and for the changing and disposal of menstrual products, that provide privacy and ensures dignity;

Article 2 – paragraph 1 – point 21 a (new): (21a) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;

Article 2 – paragraph 1 – point 22: (22) ‘public concerned’ means the public affected or likely to be affected by, or having an interest in, the decision-making procedures for the implementation of the obligations laid down in this Directive, including non-governmental organisations promoting the protection of health, in line with the One Health approach, or of the environment;

Article 2 – paragraph 1 – point 23: (23) ‘plastic biomedia’ means any plastic support used for the development of bacteria, including but not limited to biocarriers, biobeads, polystyrene beads, that are needed for the treatment of wastewaters;

Article 2 – paragraph 1 – point 24 a (new): (24a) ‘direct greenhouse gas emissions’ means emission that occur from sources that are owned or controlled by the urban wastewater treatment plant and collecting systems, including gas emissions such as methane and nitrous oxide;

Article 2 – paragraph 1 – point 24 b (new): (24b) 'indirect greenhouse gas emissions' means the release of gases resulting from the production of purchased electricity that is brought into the urban wastewater treatment plant and collection systems, as well as from the operation of such plants and systems.

Article 3 – paragraph 2 – introductory part: 2. By 31 December 2032, Member States shall ensure that all agglomerations with a p.e. of between 750 and 2 000 comply with the following requirements:

Article 3 – paragraph 3 a (new): 3a. Member States shall take measures to ensure that competent authorities carry out an assessment of the wastewater leakage levels and associated emissions on their territory and of the potential for improvements in wastewater leakage reduction. That assessment shall take into account relevant public health, environmental, technical and economic aspects. Member States shall adopt, by 31 December 2030, national targets to reduce the leakage levels of wastewater in their territory by 31 December 2035. Member States may provide meaningful incentives to ensure that sewage operators in their territory meet the national targets.

Article 4 – paragraph 1: 1. By way of derogation from Article 3, where exceptionally the establishment of a collecting system or connection to a collecting system is not justified either because it would produce no environmental benefit or because it would involve excessive cost, Member States shall ensure that individual systems for the treatment of urban wastewaters (‘individual systems’) or other appropriate systems which achieve the same level of health and environmental protection are used.

Article 4 – paragraph 2 – subparagraph 1: Member States shall ensure that the individual systems referred to in paragraph 1 are designed, operated and maintained in a manner that ensures at least the same level of health and environmental protection as the secondary and tertiary treatments referred to in Articles 6 and 7.

Article 4 – paragraph 2 – subparagraph 2: Member States shall ensure that individual systems are registered in a public registry and that regular inspections of those systems are carried out by the competent authority, and shall exchange best practice on the use and operation of individual systems as well as on regular inspections every four years, including the management and operative aspects by the competent authorities.

Article 4 – paragraph 3: 3. Member States shall establish minimum requirements based on guidance provided by the Commission within 24 months of the entry into force of this Directive on the design, operation, and maintenance of individual systems across the Union and shall establish the requirements for the regular inspections referred to in paragraph 2, second subparagraph.

Article 4 – paragraph 4 – introductory part: 4. Member States that use individual systems to treat more than 2 % of the urban wastewater load from agglomerations of 2 000 p.e. and above shall provide the Commission with a detailed justification for the use of individual systems. That justification shall:

Article 4 – paragraph 4 – point c: deleted

Article 4 – paragraph 4 – point c a (new): (ca) demonstrate compliance with the environmental objectives established in Directive 2000/60/EC.

Article 5 – paragraph 2 – subparagraph 1 – introductory part: By... [two years after the entry into force of this directive],Member States shall establish a list of agglomerations of between 10 000 p.e. and 100 000 p.e. where, considering historic data and state-of-the-art climate projections, including seasonal variations, one or more of the following conditions apply:

Article 5 – paragraph 2 – subparagraph 1 – point a: (a) storm water overflow or urban runoff poses a risk to the environment or health in line with the One Health approach ;

Article 5 – paragraph 2 – subparagraph 1 – point b: (b) storm water overflow represents more than approximately 1 % of the annual collected urban wastewater load, calculated in dry weather conditions;

Article 5 – paragraph 2 – subparagraph 1 – point c – point iv a (new): (iva) the requirements set out in Article 1 of Directive 2008/56/EC of the European Parliament and of the Council.

Article 5 – paragraph 4: 4. Integrated urban wastewater management plans, including the specification of parts completed and elements yet to be put in place, shall be made available to the Commission on request within three months of their publication.

Article 5 – paragraph 5: 5. Integrated urban wastewater management plans shall include at least the elements set out in Annex V and prioritise green and blue infrastructure solutions wherever possible.

Article 5 – paragraph 5 a (new): 5a. The Commission shall take appropriate action regarding the integrated urban wastewater management plans established by Member States, in the event that such plans do not include at least the elements set out in Annex V.

Article 5 – paragraph 6 – subparagraph 1 – point b: (b) provide methodologies for the determination of alternative indicators as set out in point 2 (a) of Annex V to verify whether the objective of pollution reduction referred to in that point is achieved;

Article 5 – paragraph 6 a (new): 6a. Member States shall aim at increasing green space in urban areas in order to reduce storm water overflows based on natural solutions.

Article 5 – paragraph 6 b (new): 6b. Member States shall ensure that integrated urban wastewater management plans are reviewed every five years after their establishment and updated where necessary.

Article 6 – paragraph 1 – subparagraph 2 a (new): By way of derogation, urban waste water discharges into waters situated in regions with a cold climate where it is difficult to apply an effective biological treatment due to low temperatures may be subjected to treatment (biochemical oxygen demand, BOD5 as defined in Annex 1, table 1, row 2) which is less stringent than that prescribed in paragraph 1, if the average annual water temperature of the inlet is below 6◦C, and provided that detailed studies indicate that such discharges do not adversely affect the environment. However, the treatment must reach a minimum reduction percentage of 40%, measured at least weekly. Member States that make use of such derogation shall report it to the Commission.

Article 6 – paragraph 2: 2. For agglomerations of between 750 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 2032.

Article 6 – paragraph 4: 4. The load expressed in p.e. shall be calculated on the basis of the maximum average weekly load entering the urban wastewater treatment plant during the year, excluding unusual weather situations such as those due to heavy rain.

Article 7 – paragraph 1 – subparagraph 1: By 31 December 2033, Member States shall ensure that discharges from 50 % of urban wastewater treatment plants treating a load of 100 000 p.e. and above and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] are subject to tertiary treatment in accordance with paragraph 4.

Article 7 – paragraph 1 – subparagraph 2: By 31 December 2038, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to tertiary treatment in accordance with paragraph 4.

Article 7 – paragraph 2 – subparagraph 1: By ... [please insert the date 2 years after the entry into force of this Directive], Member States shall establish and publish a list of relevant areas on their territory that are sensitive to eutrophication, and shall include with that list information on whether they are phosphorus- and/or nitrogen-sensitive areas and update that list every five years starting on 31 December 2030, also including information on the cause of the eutrophication.

Article 7 – paragraph 2 – subparagraph 2: The list referred to in the first subparagraph shall include the areas identified in Annex II. By 31 December 2024, the Commission shall publish guidelines for the harmonised implementation of Annex 2, in particular with regard to transboundary water bodies.

Article 7 – paragraph 3 – subparagraph 1: Without prejudice to paragraph 1, by 31 December 2038, Member States shall ensure that for 50 % of the agglomerations of 10 000 p.e. and above that are discharging into areas included in the list referred to in paragraph 2 and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into those areas .

Article 7 – paragraph 3 – subparagraph 2: Without prejudice to the paragraph 1, by 31 December 2043, Member States shall ensure that urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of 10 000 p.e. and above.

Article 7 – paragraph 4 – subparagraph 1: The annual mean of the samples taken in accordance with Article 21 and Part D of Annex I of this Directive shall comply with the parametric values set out in table 2 of Part B of Annex I to ensure a high level of protection of the environment. The maximum permitted number of samples which fail to conform to the parametric values of table 2 of Part B of Annex I is set out in table 4 of Part D of Annex I.

Article 7 – paragraph 5 – point a: (a) 90 % for total phosphorus and 75% for total nitrogen by 31 December 2035;

Article 7 – paragraph 5 – point b: (b) 93% for total phosphorus and 80 % for total nitrogen by 31 December 2040. Days during which the effluent temperature falls below 12 °C are not relevant for the calculation of nitrogen removal for the purpose referred to in the first subparagraph.

Article 7 – paragraph 7: 7. Member States shall ensure that discharges from urban wastewater treatment plants which are situated in an area included in a list referred to in paragraph 2 and discharges from urban wastewater treatment plants into a catchment area of an area included in a list referred to in paragraph 2 following one of the regular updates of the list required by that paragraph fulfil the requirements laid down in paragraphs 3 and 4 within seven years of the inclusion in that list .