Legal provisions of COM(2022)541 - Urban wastewater treatment (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)541 - Urban wastewater treatment (recast). |
|---|---|
| document | COM(2022)541  |
| date | October 26, 2022 |
Contents
- Article 1 - Subject matter
- Article 2 - Definitions
- Article 3 - Collecting systems
- Article 4 - Individual systems
- Article 5 - Integrated urban wastewater management plans
- Article 6
- Article 7
- Article 8
- Article 9 - Extended producer responsibility
- Article 10 - Minimum requirements for producer responsibility organisations
- Article 11 - Energy neutrality of urban wastewater treatment plants
Article 1 - Subject matter
Article 2 - Definitions
(1.)‘urban waste water wastewater ’ means domestic wastewater , the mixture of domestic wastewater and non-domestic wastewater or the mixture of domestic waste water with industrial waste water and/or run-off rain water wastewater and urban runoff ;
(2.) ‘domestic waste water wastewater ’ means waste water wastewater from residential settlements and services which originates predominantly from the human metabolism and from household activities;
(3).‘industrial non-domestic waste water wastewater ’ means any wastewater wastewater which is discharged into collecting systems from premises used for carrying on any either of the following:
(a) the exercise of a trade or industry, other than domestic waste water and run-off rain water;
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(b) activities carried out by an institution;
91/271/EEC (adapted)
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(c) industrial activities;
(4). agglomeration means an area where the population and/or economic activities are pollution load of urban wastewater is sufficiently concentrated (10 p.e. per hectare or above) for urban waste water wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;
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(5) ‘urban runoff’ means rainwater from agglomerations collected by combined or separate sewers;
(6) 'storm water overflow’ means discharge of untreated urban wastewater in receiving waters from combined sewers caused by rainfall;
91/271/EEC (adapted)
(7)5. ‘collecting system’ means a system of conduits which collects and conducts urban wastewater waste water;
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(8) ‘combined sewer’ means a conduit that collects and conducts urban wastewater;
(9)‘separate sewer’ means a conduit that separately collects and conducts either of the following:
(a) domestic wastewater;
(b) non-domestic wastewater;
(c) a mixture of domestic and non-domestic wastewater;
(d) rainwater from agglomerations;
91/271/EEC (adapted)
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6. (10) ‘1 p.e. (population equivalent)’ ‘population equivalent’ or ‘(p.e.)’ means the unit expressing the average potential water pollution load caused by one person per day, where 1 p.e. is the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day;
7.‘primary treatment’ means treatment of urban waste water by a physical and/or chemical process involving settlement of suspended solids, or other processes in which the BOD5 of the incoming waste water is reduced by at least 20 % before discharge and the total suspended solids of the incoming waste water are reduced by at least 50 %;
8. (11) ‘secondary treatment’ means treatment of urban wastewater by a process generally involving biological treatment with a secondary settlement or other process in which the requirements established in Table 1 of Annex I are respected;
9. ‘appropriate treatment’ means treatment of urban waste water by any process and/or disposal system which after discharge allows the receiving waters to meet the relevant quality objectives and the relevant provisions of this and other Community Directives;
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(12) tertiary treatment means treatment of urban wastewater by a process which removes nitrogen and phosphorus from the urban wastewaters;
(13) ‘quaternary treatment’ means treatment of urban wastewater by a process which removes a broad spectrum of micro-pollutants from the urban wastewaters;
91/271/EEC
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10. (14)‘sSludge’ means any solid, semisolid, or liquid waste resulting from the treatment of urban wastewater residual sludge, whether treated or untreated, from urban waste water treatment plants;
11. (15)‘eutrophication’ means the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
12. ‘estuary’ means the transitional area at the mouth of a river between fresh-water and coastal waters. Member States shall establish the outer (seaward) limits of estuaries for the purposes of this Directive as part of the programme for implementation in accordance with the provisions of Article 17 (1) and (2);
13.‘coastal waters’ means the waters outside the low-water line or the outer limit of an estuary.
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70 (16) ‘micro-pollutant’ means a substance, including its breakdown products, that is usually present in the environment and urban wastewaters in concentrations below milligrams per litre and which can be considered hazardous to human health or the environment based on any of the criteria set out in Part 3 and Part 4 of Annex I to Regulation EC;
(17) ‘dilution ratio’ means the ratio between the volume of annual flow of the receiving waters at the point of discharge and the annual volume of urban wastewater discharged from a treatment plant;
(18) ‘producer’ means any manufacturer, importer or distributor that on a professional basis places products on the market of a Member State, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU means;
(19) 'Producer Responsibility Organisation’ means an organisation established collectively by producers for the purpose of fulfilling their obligations under Article 9;
(20) ‘sanitation’ means facilities and services for the safe disposal of human urine, faeces, and menstrual blood;
(21) ‘antimicrobial resistance’ means the ability of micro-organisms to survive or to grow in the presence of a concentration of an antimicrobial agent which is usually sufficient to inhibit or kill micro-organisms of the same species;
(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 human health or the environment;
(23) ‘plastic biomedia’ means a plastic support used for the development of the bacteria needed for the treatment of urban wastewaters;
(24) ‘placing on the market’ means the first making available of a product on the market of a Member State.
91/271/EEC (adapted)
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Article 3 - Collecting systems
(a) they are provided with collecting systems for urban waste water,
(b) all their sources of domestic wastewater are connected to the collecting system.
–at the latest by 31 December 2000 for those with a population equivalent (p.e.) of more than 15000, and
–at the latest by 31 December 2005 for those with a p.e. of between 2000 and 15000.
For urban waste water discharging into receiving waters which are considered ‘sensitive areas’ as defined under Article 5, Member States shall ensure that collection systems are provided at the latest by 31 December 1998 for agglomerations of more than 10000 p.e.
2013/64/EU Art. 1.1 (adapted)
1a. By way of derogation from the first and second subparagraphs of paragraph 1, in respect of Mayotte as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter ‘Mayotte’), France shall ensure that all agglomerations are provided with collecting systems for urban waste water:
–by 31 December 2020 at the latest for agglomerations of more than 10000 p.e., which will cover at least 70 % of the load generated in Mayotte;
–by 31 December 2027 at the latest for agglomerations of more than 2000 p.e.
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2. By 31 December 2030, Member States shall ensure that all agglomerations with a p.e. of between 1 000 and 2 000 comply with the following requirements:
(a) they are provided with collecting systems;
(b) all their sources of domestic wastewater are connected to the collecting system.
1137/2008 Art. 1 and Annex .4(2) (adapted)
3. Collecting systems described in paragraph 1 shall satisfy fulfil the requirements of section Part A of Annex I. The Commission may amend those requirements. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
91/271/EEC (adapted)
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Article 4 - Individual systems
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2. Member States shall ensure that individual systems are designed, operated and maintained in a manner that ensures at least the same level of treatment as the secondary and tertiary treatments referred to in Articles 6 and 7.
Member States shall ensure that agglomerations where individual systems are used are registered in a public registry and that regular inspections of those systems are carried out by the appropriate authority.
3. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by establishing minimum requirements on the design, operation, and maintenance of individual systems and by specifying the requirements for the regular inspections referred to in paragraph 2, second subparagraph.
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 in each of the agglomerations. That justification shall:
(a) demonstrate that the conditions for using individual systems set out in paragraph 1 are fulfilled;
(b) describe the measures taken in accordance with paragraph 2;
(c) demonstrate compliance with the minimum requirements referred to in paragraph 3 where the Commission has exercised its delegated power under that paragraph.
5. The Commission is empowered to adopt implementing acts establishing the format for submitting the information referred to in paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Article 5 - Integrated urban wastewater management plans
2. By 31 December 2025, 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, one or more of the following conditions apply:
(a) storm water overflow or urban runoff poses a risk to the environment or human health;
(b) storm water overflow represents more than 1 % of the annual collected urban wastewater load, calculated in dry weather conditions;
(c) storm water overflow or urban runoff prevents the fulfilment of any of the following:
(i) the requirements established under Article 5 of Directive (EU) 2020/2184;
(ii) the requirements set out in Article 5(3) of Directive 2006/7/EC of the European Parliament and of the Council 71 ;
(iii) the requirements set out in Article 3 of Directive 2008/105/EC of the European Parliament and of the Council 72 ;
(iv) the environmental objectives set out in Article 4 of Directive 2000/60/EC.
Member States shall review the list referred to in the first subparagraph every five years after its establishment and update it where necessary.
3. By 31 December 2035, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations referred to in paragraph 2.
4. Integrated urban wastewater management plans shall be made available to the Commission on request.
5. Integrated urban wastewater management plans shall include at least the elements set out in Annex V.
6. The Commission is empowered to adopt implementing acts to:
(a) provide methodologies for the identification of the measures referred to in point 3 of Annex V;
(b) provide methodologies for the determination of alternative indicators to verify whether the indicative objective of pollution reduction referred to in point 2 (a) of Annex V is achieved;
(c) determine the format by which integrated urban wastewater management plans are to be made available to the Commission where requested in accordance with paragraph 4.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).7. Member States shall ensure that integrated urban wastewater management plans are reviewed every 5 years after their establishment and updated where necessary.
91/271/EEC (adapted)
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Article 64 - Secondary treatment
1. For agglomerations of 2 000 p.e. and above, Member States shall ensure that urban waste water wastewater entering collecting systems shall before discharge be is subject to secondary treatment in accordance with paragraph 3 or an equivalent treatment as follows: before discharge.–at the latest by 31 December 2000 for all discharges from agglomerations of more than 15000 p.e.,
–at the latest by 31 December 2005 for all discharges from agglomerations ofbetween 10000 and 15000 p.e.,
–at the latest by 31 December 2005 for discharges to fresh-water and estuaries from agglomerations of between 2000 and 10000 p.e.
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For agglomerations of between 2 000 p.e. and 10 000 p.e. which are discharging into coastal areas, the obligation set out in the first paragraph shall not apply until 31 December 2027.
2013/64/EU Art. 1.2 (adapted)
1a. By way of derogation from paragraph 1, in respect of Mayotte, France shall ensure that urban waste water entering collecting systems is, before discharge, subject to secondary treatment or an equivalent treatment:
–by 31 December 2020 at the latest for agglomerations of more than 15000 p.e., which, along with the agglomerations referred to in Article 5 (2a), will cover at least 70 % of the load generated in Mayotte;
–by 31 December 2027 at the latest for agglomerations of more than 2000 p.e.
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2. For agglomerations of between 1 000 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 2030.
3. 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 1 of Part B of Annex I. The maximum permitted number of samples which fail to conform to the parametric values of table 1 of Part B of Annex I is set out in table 4 of Part D of Annex I.
91/271/EEC
2. Urban waste water discharges to waters situated in high mountain regions (over 1500 m above sea level) where it is difficult to apply an effective biological treatment due to low temperatures may be subjected to treatment less stringent than that prescribed in paragraph 1, provided that detailed studies indicate that such discharges do not adversely affect the environment.
1137/2008 Art. 1 and Annex .4(2)
3. Discharges from urban waste water treatment plants described in paragraphs 1 and 2 shall satisfy the relevant requirements of section B of Annex I. The Commission may amend those requirements. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
91/271/EEC (adapted)
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 situations such as those due to heavy rain.
Article 75 - Tertiary treatment new
1. By 31 December 2030, 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.By 31 December 2035, 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.
91/271/EEC (adapted)
1. For the purposes of paragraph 2, Member States shall by 31 December 1993 identify sensitive areas according to the criteria laid down in Annex II.
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2. By 31 December 2025, Member States shall establish a list of areas on their territory that are sensitive to eutrophication and update that list every five years starting on 31 December 2030.
The list referred to in the first subparagraph shall include the areas identified in Annex II.
The requirement set out in the first subparagraph shall not apply where a Member State implements tertiary treatment in accordance with paragraph 4 in its entire territory.
91/271/EEC (adapted)
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32. By 31 December 2035, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e. and 100 000 p.e. 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 waste water wastewater entering collecting systems shall is subject to tertiary treatment in accordance with paragraph 4 before discharge into sensitive those areas be subject to more stringent treatment than that described in Article 4, by 31 December 1998 at the latest for all discharges from agglomerations of more than 10000 p.e..
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By 31 December 2040, 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 between 10 000 p.e. and 100 000 p.e.
2013/64/EU Art. 1.3 (adapted)
2a. By way of derogation from paragraph 2, in respect of Mayotte, France shall ensure that urban waste water entering collecting systems shall before discharge into sensitive areas be subject to more stringent treatment than that described in Article 4 by 31 December 2020 at the latest for agglomerations of more than 10000 p.e., which, along with the agglomerations referred to in Article 4(1a), will cover at least 70 % of the load generated in Mayotte.
1137/2008 Art. 1 and Annex .4(2)
3. Discharges from urban waste water treatment plants described in paragraph 2 shall satisfy the relevant requirements of section B of Annex I. The Commission may amend those requirements. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
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4. 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. 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.
The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend Parts B and D of Annex I in order to adapt the requirements and methods referred to in the second subparagraph to technological and scientific progress.
91/271/EEC
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54. Alternatively, requirements for individual plants set out in paragraphs 2 and 3 above need not apply in sensitive areas By way of derogation from paragraphs 3 and 4, Member States may decide that an individual urban wastewater treatment plant situated in an area included in a list referred to in paragraph 2 shall not be subject to the requirements set out in paragraphs 3 and 4 where it can be shown that the minimum percentage of reduction of the overall load entering all urban waste water treatment plants in that area is at least 75 % for total phosphorus and at least 75 % for total nitrogen:.
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(a) 82,5 % for total phosphorus and 80 % for total nitrogen by 31 December 2035;
(b) 90 % for total phosphorus and 85 % for total nitrogen by 31 December 2040.
91/271/EEC (adapted)
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65. Discharges from urban waste water wastewater treatment plants which are situated in the relevant of 10 000 p.e. and above into a catchment areas of an area sensitive areas to eutrophication included in a list referred to in paragraph 2 and which contribute to the pollution of these areas shall also be subject to paragraphs 32, 3 4 and 54.
In cases where the above catchment areas are situated wholly or partly in another Member State Article 9 shall apply.
6. Member States shall ensure that the identification of sensitive areas is reviewed at intervals of no more than four years.
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 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 areas identified as sensitive following review under paragraph 6 shall within seven years meet the above requirements.
8. A Member State does not have to identify sensitive areas for the purpose of this Directive if it implements the treatment established under paragraphs 2, 3 and 4 over all its territory.
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Article 8 - Quaternary treatment
1. By 31 December 2030, Member States shall ensure that 50 % of discharges from urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject quaternary treatment in accordance with paragraph 5.By 31 December 2035, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to quaternary treatment in accordance with paragraph 5.
2. On 31 December 2030, Member States shall have established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants represents a risk for human health or the environment. Member States shall review that list every five years thereafter and update it if necessary.
The list referred to in the first subparagraph shall include the following areas, unless the absence of risk for human health or the environment in those areas can be demonstrated based on a risk assessment:
(a) water bodies used for abstraction of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;
(b) bathing water falling within the scope of Directive 2006/7/EC;
(c) lakes as defined in Article 2, point (5), of Directive 2000/60/EC;
(d) rivers as defined in Article 2, point (4), of Directive 2000/60/EC or other water streams where the dilution ratio is below 10;
(e) areas where aquaculture activities, as defined in Article 4, point (25), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 73 , take place;
(f) areas where additional treatment is necessary to meet the requirements set out in Directives 2000/60/EC and 2008/105/EC.
The risk assessment referred to in the second subparagraph shall be communicated to the Commission on request.
3. The Commission is empowered to adopt implementing acts establishing the format of the risk assessment referred to in paragraph 2, second subparagraph, and the method to be used for that risk assessment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
4. By 31 December 2035, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e and 100 000 p.e., urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
By 31 December 2040, Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e and 100 000 p.e.
5. 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 3 of Part B of Annex I. The maximum permitted number of samples which fail to conform to the parametric values of table 3 of Part B of Annex I is set out in table 4 of Part D of Annex I.
The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend Parts B and D of Annex I in order to adapt the requirements and methods referred to in the second subparagraph to technological and scientific progress.
6. By 31 December 2030, the Commission shall adopt implementing acts to establish the monitoring and sampling methods to be used by the Member States to determine the presence and quantities in urban wastewater of the indicators set out in table 3 of Part B of Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
91/271/EEC
Article 6
2. Urban waste water discharges from agglomerations of between 10000 and 150000 p.e. to coastal waters and those from agglomaterions of between 2000 and 10000 p.e. to estuaries situated in areas described in paragraph 1 may be subjected to treatment less stringent than that prescribed in Article 4 providing that:
–such discharges receive at least primary treatment as defined in Article 2 (7) in conformity with the control procedures laid down in Annex I D,
–comprehensive studies indicate that such discharges will not adversely affect the environment.
Member States shall provide the Commission with all relevant information concerning the abovementioned studies.
3. If the Commission considers that the conditions set out in paragraph 2 are not met, it shall submit to the Council an appropriate proposal.
4. Member States shall ensure that the identification of less sensitive areas is reviewed at intervals of not more than four years.
5. Member States shall ensure that areas no longer identified as less sensitive shall within seven years meet the requirements of Articles 4 and 5 as appropriate.
Article 7
–for discharges to fresh-water and estuaries from agglomerations of less than 2000 p.e.,
–for discharges to coastal waters from agglomerations of less than 10000 p.e.
2013/64/EU Art. 1.4
By way of derogation from the first paragraph, in respect of Mayotte, the time limit defined therein shall be 31 December 2027.
91/271/EEC
Article 8
2. This request, for which grounds msut be duly put forward, shall set out the technical difficulties experienced and must propose an action programme with an appropriate timetable to be undertaken to implement the objective of this Directive. This timetable shall be included in the programme for implementation referred to in Article 17.
3. Only technical reasons can be accepted and the longer period referred to in paragraph 1 may not extend beyond 31 December 2005.
1137/2008 Art. 1 and Annex .4(2)
4. The Commission shall examine that request and take appropriate measures in accordance with the regulatory procedure referred to in Article 18(2).
91/271/EEC
5. In exceptional circumstances, when it can be demonstrated that more advanced treatment will not produce any environmental benefits, discharges into less sensitive areas of waste waters from agglomerations of more than 150000 p.e. may be subject to the treatment provided for in Article 6 for waste water from agglomerations of between 10000 and 150000 p.e.
1137/2008 Art. 1 and Annex .4(2)
In such circumstances, Member States shall submit beforehand the relevant documentation to the Commission. The Commission shall examine the case and take appropriate measures in accordance with the regulatory procedure referred to in Article 18(2).
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Article 9 - Extended producer responsibility
Such measures shall ensure that those producers cover:
(a)the full costs for complying with the requirements set out in Article 8, including the costs for the quaternary treatment of urban wastewater to remove micro-pollutants resulting from the products and their residues they place on the market, for the monitoring of micro-pollutants referred to in Article 21(1), point (a); and
(b)the costs for gathering and verifying data on products placed on the market; and
(c)other costs required to exercise their extended producer responsibility.
2. Member States shall exonerate producers from their extended producer responsibility under paragraph 1 where the producers can demonstrate any of the following:
(a) the quantity of the product they place on the market is below 2 tonnes per year;
(b) the products they place on the market do not generate micro-pollutants in wastewaters at the end of their life.
3. The Commission is empowered to adopt implementing acts to establish detailed criteria on the uniform application of the condition laid down in paragraph 2, point (b) to specific categories of products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
4. Member States shall ensure that producers referred to in paragraph 1 exercise their extended producer responsibility collectively by adhering to a producer responsibility organisation.
Member States shall ensure that:
(a) the producers referred to in paragraph 1 are required to once every year provide the producer responsibility organisations with the following:
(i) the annual quantities of the products listed in Annex III that they place on the market in the context of their professional activity;
(ii) information on the hazardouness of the products referred to in point (i) in the wastewaters at the end of their life;
(iii) when relevant, a list of products exonerated in accordance with paragraph 2;
(b) the producers referred to in paragraph 1 are required to contribute financially to the producer responsibility organisations in order to cover the costs arising from their extended producer responsibility;
(c) each producer’s contribution, as referred to in point (b), is determined based on the quantities and hazardouness in the wastewaters of the products that are placed on the market;
(d) producer responsibility organisations are subject to annual independent audits of their financial management, including their capacity to cover the costs referred to in paragraph 4, the quality and adequacy of the information collected under point (a) and the adequacy of the contributions collected under point (b).
5. Member States shall ensure that:
(a) the roles and responsibilities of all relevant actors involved, including producers referred to in paragraph 1, producer responsibility organisations, private or public operators of urban wastewater treatment plants and local competent authorities, are clearly defined;
(b) urban wastewater management objectives are established in order to comply with the requirements and deadlines set under Article 8(1), (4) and (5) and any other quantitative or qualitative objectives that are considered relevant for the implementation of the extended producer responsibility;
(c) a reporting system is in place to gather data on the products referred to in paragraph 1 placed on the market of the Member State by the producers and data on the quaternary treatment of wastewater, as well as other data relevant for the purposes of point (b).
Article 10 - Minimum requirements for producer responsibility organisations
(a) has a clearly defined geographical coverage coherent with the requirements set out in Article 8;
(b) has the necessary financial and organisational means to meet the extended producer responsibility obligations of the producers;
(c) makes publicly available information about:
(i) its ownership and membership;
(ii) the financial contributions paid by producers;
(iii) the activities that it undertaks every year, including clear information on how its financial means are used.
2. Member States shall establish an adequate monitoring and enforcement framework to ensure that producer responsibility organisations fulfill their obligations, that the financial means of producer responsibility organisations are properly used and that all actors having extended producer responsibility report reliable data to the competent authorities and, when requested, to the producer responsibility organisations.
3. Where, in the territory of a Member State, there are multiple producer responsibility organisations, the Member State concerned shall appoint at least one body independent of private interests or entrust a public authority to oversee the implementation.
4. Member State shall ensure that the producers established on the territory of another Member State and placing products on its market:
(a) appoint a legal or natural person established on its territory as an authorised representative for the purposes of fulfilling the extended producer responsibility obligations on its territory; or
(b) take equivalent measures to point (a).
5. Member States shall ensure a regular dialogue between relevant stakeholders involved in the implementation of extended producer responsibility, including producers and distributors, producer responsibility organisations, private or public operators of urban wastewater treatment plants local authorities and civil society organisations.
Article 11 - Energy neutrality of urban wastewater treatment plants
(a) by 31 December 2025 for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;
(b) by 31 December 2030 for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.
2. Member States shall ensure that the total annual energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, produced at national level by urban wastewater treatment plants treating a load of 10 000 p.e. and above is equivalent to at least:
(a) 50 % of the total annual energy used by such plants by 31 December 2030;
(b) 75 % of the total annual energy used by such plants by 31 December 2035;
(c) 100 % of the total annual energy used by such plants by 31 December 2040.
91/271/EEC (adapted)
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Article 129 - Transboundary cooperation
1. Where waters within the area of jurisdiction of a Member State are adversely affected by discharges of urban wastewater from another Member State or third- country , the Member State whose waters are affected may shall notify the other Member State or the third country and the Commission of the relevant facts.new
This notification shall be immediate in case of incidental pollution that may significantly affect downstream water bodies.
91/271/EEC (adapted)
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The Member States concerned shall organize, where appropriate with the Commission, the concertation necessary cooperate in order to identify the discharges in question and the measures to be taken at source to protect the waters that are affected in order to ensure conformity with the provisions of this Directive.
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2. The concerned Member States shall inform the Commission of any cooperation referred to in paragraph 1. The Commission shall participate in such cooperation at the request of the concerned Member States.
91/271/EEC (adapted)
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Article 1310 - Local climatic conditions
Member States shall ensure that the urban waste water treatment plants built to comply with the requirements of set out in Articles 64, 75, 6 and 7 8 are designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions. When designing the plants, seasonal variations of the load shall be taken into account.Article 1411 - Discharges of non-domestic wastewater
1. Member States shall ensure that, before 31 December 1993, the discharge discharges of industrial waste water non-domestic wastewater into collecting systems and urban waste water treatment plants is are subject to prior regulations and/or specific authoriszations by the competent authority or appropriate body.1137/2008 Art. 1 and Annex .4(2)
2. Regulations and/or specific authorisation shall satisfy the requirements of section C of Annex I. The Commission may amend those requirements. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
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Member States shall ensure that the competent authority:
(a) consults the operators of collecting systems and urban wastewater treatment plants into which the non-domestic wastewater is discharged before granting specific authorisations;
(b) allows the operators of collecting systems and urban wastewater treatment plants receiving non-domestic wastewater discharge to consult the specific authorisations granted in their catchment areas on request.
2. Member States shall take the appropriate measures, including a review of the specific authorisation , to identify, prevent and reduce as far as possible the sources of pollution in non-domestic wastewater referred to in paragraph 1 where any of the following situations arise:
(a) pollutants have been identified at the inlets and outlets of the urban wastewater treatment plant under the monitoring of Article 21(3);
(b) sludge arising from urban wastewater treatment is to be used in accordance with Council Directive 86/278/EEC 74 ;
(c) treated urban wastewater is to be reused in accordance with Regulation (EU) 2020/741;
(d) the receiving waters are used for abstraction of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;
(e) the pollution of the non-domestic wastewater discharged into the collecting system, or the urban wastewater treatment plant poses a risk to the operation of that system or plant.
3. The specific authorisations referred to in paragraph 1 shall fulfil the requirements set out in Part C of Annex I. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend Part C of Annex I in order to adapt it to technical and scientific progress in the field of environmental protection.
1137/2008 Art. 1 and Annex .4(2) (adapted)
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43. Regulations and The specific authorization authorisations referred to in paragraph 1 shall be reviewed and if , where necessary, adapted at least every 6 years at regular intervals.
Article 1512 - Water reuse and discharges of urban wastewater
1. Treated waste water shall be reused whenever appropriate. Disposal routes shall minimize the adverse effects on the environment.new
1. Member States shall systematically promote the reuse of treated wastewater from all urban wastewater treatment plants. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements established under Regulation (EU) 2020/741 .
1137/2008 Art. 1 and Annex .4(2) (adapted)
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2. Competent authorities or appropriate bodies Member States shall ensure that the disposal of waste water discharges from urban waste water wastewater treatment plants is are subject to prior regulations and/or specific authoriszation. Such authorisation shall ensure that the the requirements set out in Part B of Annex I are fulfilled.
1137/2008 Art. 1 and Annex .4(2)
3. Prior regulations and/or specific authorisation of discharges from urban waste water treatment plants made pursuant to paragraph 2 within agglomerations of 2000 to 10000 p.e. in the case of discharges to fresh waters and estuaries, and within agglomerations of 10000 p.e. or more in respect of all discharges, shall contain conditions to satisfy the relevant requirements of section B of Annex I. The Commission may amend those requirements. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
91/271/EEC (adapted)
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34. Regulations and/or authorization The specific authorisations referred to in paragraph 2 shall be reviewed at least every 6 years and, if necessary, adapted at regular intervals.
Article 1613 - Biodegradable non-domestic wastewater
1. Member States shall ensure that by 31 December 2000 biodegradable industrial waste water from plants belonging to the industrial sectors listed in Annex III which does not enter urban waste water treatment plants before discharge to receiving waters shall before discharge respect conditions established in prior regulations and/or specific authorization by the competent authority or appropriate body, in respect of all discharges from plants representing 4000 p.e. or more.2. By 31 December 1993 the competent authority or appropriate body in each Member State shall set requirements appropriate to the nature of the industry concerned for the discharge of such waste water.
3. The Commission shall carry out a comparison of the Member States' requirements by 31 December 1994. It shall publish the results in a report and if necessary make an appropriate proposal.
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Member States shall establish requirements for the discharge of biodegradable non-domestic wastewater that are appropriate to the nature of the industry concerned and that ensure at least the same level of environmental protection as the requirements set out in part B of Annex I.
The requirements referred to in paragraph 1 shall apply when the following conditions are fulfilled:
(a)the wastewater originates from plants treating a load of 4 000 p.e. and above that belong to the industrial sectors listed in Annex IV and that do not carry out any of the activities listed in Annex I to Directive 2010/75/EU of the European Parliament and of the Council 75 ;
(b)the wastewater does not enter an urban wastewater treatment plant before it is discharged to receiving waters (‘direct discharge’).
Article 17 - Urban wastewater surveillance
1. Member States shall monitor the presence of the following public health parameters in urban wastewater:(a) SARS-CoV-2 virus and its variants;
(b) poliovirus;
(c) influenza virus;
(d) emerging pathogens;
(e) contaminants of emerging concern;
(f) any other public health parameters that are considered relevant by the competent authorities of the Member States for monitoring.
2. For the purpose of paragraph 1, Member States shall set up a national system for permanent cooperation and coordination between competent authorities responsible for public health and competent authorities responsible for urban wastewater treatment with regard to:
(a)the identification of other public health parameters than the ones referred to in paragraph 1 that are to be monitored in urban wastewater;
(b)the determination of the location and the frequency of urban wastewater sampling and analysis for each public health parameter identified in accordance with paragraph 1, taking into account the available health data and the needs in terms of public health data and, where relevant, the local epidemiological situations;
(c)the organisation of an appropriate and timely communication of the monitoring results to the competent authorities responsible for public health and to Union platforms, where such platforms are available.
3. When a public health emergency due to SARS-CoV-2 is declared by the competent authority responsible for public health in the Member State, the presence of SARS-CoV-2 and its variants shall be monitored in urban wastewaters from at least 70 % of the national population and at least one sample shall be taken per week for agglomerations of 100 000 p.e. and more. This monitoring shall continue until this competent authority declares that the public health emergency due to SARS-CoV-2 has ended.
To determine whether there is a public health emergency, the competent authority shall take into account assessments of the European Centre for Disease Prevention and Control, decisions of the World Health Organisation (WHO) taken in accordance with the International Health Regulations and Commission decisions adopted pursuant to Article 23(1) of Regulation …/… of the European Parliament and of the Council 76 +.
4. For agglomerations of 100 000 p.e. and above, Member States shall, by 1 January 2025, ensure that antimicrobial resistance is monitored at least twice a year at the inlets and outlets of urban wastewater treatment plants and, when relevant, in the collecting systems.
The Commission shall adopt implementing acts in accordance with the procedure referred to in Article 28 to ensure an uniform application of this Directive by establishing a harmonised methodology for measuring antimicrobial resistance in urban wastewaters.
5. Results from monitoring referred to in this Article shall be reported in accordance with Article 22(1), point (g).
Article 18 - Risk assessment and management
1. By [OP please insert the date = the last day of the second year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human health and at least those related to the following:(a) the quality of a water body used for the abstraction of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;
(b) the quality of bathing water falling within the scope of Directive 2006/7/EC;
(c) the good ecological status of a water body as defined in Article 2, point (22), of Directive 2000/60/EC;
(d) the quality of a water body where aquaculture activities as defined in Article 4, point (25), of Regulation (EU) No 1380/2013 take place.
2. Where risks have been identified in accordance with paragraph 1, Member States shall adopt appropriate measures to address them, which shall include where appropriate the following measures:
(a) establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 1 000;
(b) applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations with a p.e. of less than 1 000;
(c) applying tertiary treatment in accordance with Article 7 to discharges of urban wastewater from agglomerations with a p.e. of less than 10 000;
(d) applying quaternary treatment in accordance with Article 8 to discharges of urban wastewater from agglomerations with a p.e. of less than 10 000;
(e) establishing integrated urban wastewater management plans in accordance with Article 5 for agglomerations below 10 000 p.e. and adoption of measures referred to in Annex V;
(f) applying more stringent requirements for the treatment of collected urban wastewaters than the requirements set out in Annex 1, part B.
3. The identification of the risks carried out in accordance with paragraph 1 of this Article shall be reviewed every 5 years. A summary of the identified risks accompanied with a description of the measures adopted in accordance with paragraph 2 of this Article shall be included in the national implementation programmes referred to in Article 23 and communicated to the Commission on request .
Article 19 - Access to sanitation
Member States shall take all necessary measures to improve access to sanitation for all, in particular for vulnerable and marginalised groups.For that purpose, Member States shall by 31 December 2027:
(a) identify categories of people without access, or with limited access, to sanitation facilities, including vulnerable and marginalised groups, and provide reasons for such lack of access;
(b) assess the possibilities for improving access to sanitation facilities for the categories of people referred to in point (a);
(c) for all agglomerations of 10 000 p.e. and above, encourage the establishment of a sufficient number of sanitation facilities in public spaces, which are freely and, in particular for women, safely accessible.
91/271/EEC (adapted)
Article 2014 - Sludge
1. Sludge arising from waste water treatment shall be re-used whenever appropriate. Disposal routes shall minimize the adverse effects on the environment.2. Competent authorities or appropriate bodies shall ensure that before 31 December 1998 the disposal of sludge from urban waste water treatment plants is subject to general rules or registration or authorization.
3. Member States shall ensure that by 31 December 1998 the disposal of sludge to surface waters by dumping from ships, by discharge from pipelines or by other means is phased out.
4. Until the elimination of the forms of disposal mentioned in paragraph 3, Member States shall ensure that the total amount of toxic, persistent or bioaccumulable materials in sludge disposed of to surface waters is licensed for disposal and progressively reduced.
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1. Member States shall take the necessary measures to ensure that sludge management routes are conform to the waste hierarchy provided for in Article 4 of Directive 2008/98/EC. Such routes shall maximize prevention, re-use and recycling of resources and minimize the adverse effects on the environment.
2. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by setting out the minimum reuse and recycling rates for phosphorus and nitrogen from sludge, in order to take into account available technologies for phosphorus and nitrogen recovery in sludge.
91/271/EEC (adapted)
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Article 2115 - Monitoring
1. Member States shall ensure that cCompetent authorities or appropriate bodies shall monitor:(a)discharges from urban waste water wastewater treatment plants in order to verify compliance with the requirements of Part B of Annex I.B in accordance with the control procedures methods for monitoring and evaluation of results laid down in Part D of Annex I.D, ; this monitoring shall include loads and concentrations of the parameters listed in Part B of Annex I;
(b)amounts, and composition and destination of sludges disposed of to surface waters;.
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(c)the destination of the treated urban wastewater including the share of reused water;
(d)the greenhouse gases produced and the energy used and produced by urban wastewater treatment plants of above 10 000 p.e.
91/271/EEC
2. Competent authorities or appropriate bodies shall monitor waters subject to discharges from urban waste water treatment plants and direct discharges as described in Article 13 in cases where it can be expected that the receiving environment will be significantly affected.
3. In the case of a discharge subject to the provisions of Article 6 and in the case of disposal of sludge to surface waters, Member States shall monitor and carry out any other relevant studies to verify that the discharge or disposal does not adversely affect the environment.
4. Information collected by competent authorities or appropriate bodies in complying with paragraphs 1, 2 and 3 shall be retained in the Member State and made available to the Commission within six months of receipt of a request.
1137/2008 Art. 1 and Annex .4(2)
5. The Commission may formulate guidelines on the monitoring referred to in paragraphs 1, 2 and 3 in accordance with the regulatory procedure referred to in Article 18(2).
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2. For all agglomerations of 10 000 p.e. and above, Member States shall ensure that competent authorities monitor the concentration and loads of pollutants from storm water overflows and urban runoff discharged into water bodies .
3. For all agglomerations of above 10 000 p.e., Member States shall monitor, at the inlets and outlets of urban wastewater treatment plants, the concentration and loads in the urban wastewater of the following elements:
(a) pollutants listed in:
(i) Annexes VIII and X to Directive 2000/60/EC, the Annex to Directive 2008/105/EC, Annex I to Directive 2006/118/EC and Part B of Annex II to Directive 2006/118/EC;
(ii) the Annex to Decision 2455/2001/EC of the European Parliament and of the Council 77 ;
(iii) Annex II to Regulation (EC) No 166/2006 of the European Parliament and of the Council 78 ;
(iv) Annexes I and II to Directive 86/278/EEC.
(b) parameters listed in Part B of Annex III to Directive (EU) 2020/2184, where urban wastewater is discharged in a catchment area referred to in Article 8 of that Directive;
(c) the presence of micro-plastics.
For all agglomerations of above 10 000 p.e., Member States shall monitor the presence of micro-plastics in the sludge.
The monitoring referred to in the first and second subparagraphs shall be carried out with the following frequencies:
(a) at least two samples per year, with maximum 6 months between the samples, for agglomerations of 100 000 p.e. and more;
(b) at least one sample every 2 years for agglomerations of between 10 000 p.e. and 100 000 p.e.
The Commission is empowered to adopt implementing acts in accordance with the procedure referred to in Article 28 to ensure a uniform application of this Directive by establishing a methodology for measuring micro-plastics in urban wastewater and sludge.
91/271/EEC
Article 16
Without prejudice to the implementation of the provisions of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment 79 , Member States shall ensure that every two years the relevant authorities or bodies publish situation reports on the disposal of urban waste water and sludge in their areas. These reports shall be transmitted to the Commission by the Member States as soon as they are published.new
Article 22 - Information on monitoring of implementation
1. Member States, assisted by the European Environment Agency (EEA), shall:(a) by 31 December 2025, set up a data set containing information collected in accordance with Article 21 including information concerning the parameters referred to in Article 21(1), point (a), and the results of the tests with regard to the pass/fail criteria established in Part D of Annex I and update that data set annually thereafter;
(b) by 31 December 2025, set up a data set indicating the percentage of urban wastewater which is collected and treated in accordance with Article 3 and update that data set annually thereafter;
(c) by 31 December 2025, set up a data set containing information on measures taken to implement Article 4(4) and on the percentage of the urban wastewater load from agglomerations above 2 000 p.e. which is treated in individual systems and update that data set annually thereafter;
(d) by 31 December 2025, set up a data set containing information on the number of samples collected and the number of samples taken in accordance with Part D of Annex I that have failed;
(e) by 31 December 2025, set up a data set containing information on green house gas emissions with a breakdown between different gasses and on the total energy used and renewable energy produced by each urban wastewater treatment plant of 10 000 p.e. and above as well as a calculation of the percentage of achievement of the targets set out in Article 11(2) and update that data set annually thereafter;
(f) by 31 December 2025, set up a data set containing information on measures taken in accordance with point 3 of Annex V and update that data set annually thereafter;
(g) by 31 December 2025, set up a data set containing the monitoring results referred to in accordance with Article 17(1) and (4) and update that data set annually thereafter;
(h) by 31 December 2025, set up a data set containing the list of areas identified as sensitive to eutrophication in accordance with Article 7(2) and update that data set every 5 years thereafter;
(e) by 31 December 2030, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human health or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
(j) by 12 January 2029, set up a data set containing information on measures taken to improve access to sanitation in accordance with Article 19, including information on the share of their population that has access to sanitation and update that data set every 6 years thereafter.
2. Member States shall ensure that the Commission and the EEA have permanent access to the data sets referred to in paragraph 1.
3. The information reported by Member States in accordance with Article 5 of Regulation (EC) No 166/2006 shall be taken into account for the reporting required under this Article.
With regard to the information referred to in paragraph 1, the EEA shall provide the public with access to relevant data through the European Pollutant Release and Transfer Register established under Regulation (EC) No 2006/166.
4. The Commission is empowered to adopt implementing acts specifying the format of the information to be provided in accordance with paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
91/271/EEC (adapted)
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Article 2317 - National implementation programme
1. By [OP please insert date = the last day of the twenty-third month after the date of entry into force of this Directive], Member States shall by 31 December 1993 establish a national implementation programme for the implementation of this Directive.new
Those programmes shall include:
a) an assessment of the level of implementation of Articles 3 to 8;
b) the identification and planning of investments required to implement this Directive for each agglomeration, including an indicative financial estimation and a prioritisation of those investments related to the size of the agglomeration and the environmental impact of untreated urban wastewater;
c) an estimate of investments needed to renew existing urban wastewater infrastructures, including collecting systems, based on their age and depreciation rates;
d) the identification, or at least an indication, of potential sources of public financing, when needed to complement user charges.
2013/64/EU Art. 1.5(a) (adapted)
By way of derogation from the first subparagraph, in respect of Mayotte, France shall establish a programme for the implementation of this Directive by 30 June 2014.
91/271/EEC (adapted)
2. Member States shall by 30 June 1994 provide the Commission with information on the programme.
2013/64/EU Art. 1.5(b) (adapted)
By way of derogation from the first subparagraph, in respect of Mayotte, France shall provide the Commission with information on the programme by 31 December 2014.
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2. By …[OP: please insert the date = the last day of the thirty-fifth month after the date of entry into force of this Directive], Member States shall submit to the Commission their national implementation programmes, except where they demonstrate, based on the monitoring results referred to in Article 21, that they are in compliance with Articles 3 to 8.
91/271/EEC
3. Member States shall, if necessary, provide the Commission by 30 June every two years with an update of the information described in paragraph 2.
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3. Member States shall update their national implementation programmes at least every 5 years. They shall submit them to the Commission by 31 December, except where they can demonstrate that they are in compliance with Articles 3 to 8.
1137/2008 Art. 1 and Annex .4(2)
4. The Commission shall determine, in accordance with the regulatory procedure referred to in Article 18(2), the methods and formats to be adopted for reporting on the national programmes. Any amendments to those methods and formats shall be adopted in accordance with that procedure.
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4. The Commission is empowered to adopt implementing acts establishing the methods and formats for submission of the national implementation programmes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
91/271/EEC
5. The Commission shall every two years review and assess the information received pursuant to paragraphs 2 and 3 above and publish a report thereon.
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Article 24 - Information to the public
1. Member States shall ensure that adequate and up-to-date information on urban wastewater collection and treatment is available to the public online, in a user-friendly and customised way, in each agglomeration. The information shall include at least the data listed in Annex VI.The information referred to in paragraph 1 shall also be provided by other means upon justified request.
2. In addition, Member States shall ensure that all persons connected to collecting systems receive regularly and at least once a year, in the most appropriate form, including on their invoice or by smart applications, without having to request it, the following information:
(a) information on the compliance of the collection and treatment of urban wastewater with Articles 3, 4, 6, 7 and 8, including a comparison between the actual releases of pollutants in receiving waters with the limit values set out in Tables 1, 2 and 3 of Annex I;
(b) the volume or estimated volume of urban wastewater collected and treated per year or per billing period for the household or the connected entity in cubic meter, together with yearly trends and the price of urban wastewater collection and treatment for the household (cost per litre and cubic meter);
(c) a comparison of the yearly volume of load of urban wastewater collected and treated for the household per year and an indication of the average volume of a household in the concerned agglomeration;
(d) a link to the online content referred to in paragraph 1.
3. The Commission may adopt delegated acts in accordance with the procedure set out in Article 27 to amend paragraph 2 and Annex VI by updating the information to be provided to the public online and to the persons connected to collecting systems in order to adapt these requirements to technical progress and the availability of data in the field.
4. The Commission may adopt implementing acts specifying the format and the methods of presenting the information to be provided in accordance with paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Article 25 - Access to Justice
1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions or acts or omissions subject to Articles 6, 7 or 8 of this Directive when at least one of the following conditions is met:(a) they have a sufficient interest;
(b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.
The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.
2. Member States shall determine at what stage the decisions, acts or omissions referred to in paragraph 1 may be challenged.
Article 26 - Compensation
1. Member States shall ensure that, where damage to human health has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation.2. Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.
3. Member States shall ensure that national rules and procedures relating to claims for compensation are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage caused by a violation pursuant to paragraph 1.
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.
5. Member States shall ensure that the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 5 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows that he or she suffered damage from a violation pursuant to paragraph 1.
Article 27 - Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2. The power to adopt delegated acts referred to in Articles 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), and 24(3) shall be conferred on the Commission for a period of five years from [OP please insert the date = the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), and 24(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), or 24(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
1882/2003 Art. 3 and Annex III.21 (adapted)
Article 2818 - Committee
1. The Commission shall be assisted by a the committee for the adaptation to scientific and technical progress and implementation of the directive on urban waste water treatment .1137/2008 Art. 1 and Annex .4(2)
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
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2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 29 - Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. They shall include, as appropriate, financial penalties proportionate to the turnover of the legal person or to the salary of the natural person having committed the breach, taking into account specificities of Small and Medium Enterprises.2. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:
(a) the nature, gravity, and extent of the violation;
(b) the intentional or negligent character of the violation;
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment.
3. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.
Article 30 - Evaluation
1. By 31 December 2030 and by 31 December 2040, the Commission shall carry out an evaluation of this Directive based in particular on the following elements:(a) the experience gained through the implementation of this Directive;
(b) the data sets referred to in Article 22(1);
(c) relevant scientific, analytical and epidemiological data, including results from research projects funded by the Union;
(d) WHO recommendations, where available;
(e) an analyse of the possible need to adapt the list of products to be covered by extended producer responsibility to the evolution of the range of products placed on the market, improved knowledge on the presence of micro-pollutants in wastewaters and their impacts on public health and the environment, and data resulting from the new monitoring obligations on micro-pollutants in the inlets and outlets of the urban wastewater treatment plants.
The Commission shall present a report on the main findings of the evaluation referred to in the first subparagraph to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
2. Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1, second subparagraph.
Article 31 - Review
Every five years, the Commission shall present a report to the European Parliament and the Council on the implementation of this Directive, accompanied, where the Commission finds it appropriate, by relevant legislative proposals.Article 32 - Repeal and transitional provisions
1. Directive 91/271/EC, as amended by the acts listed in Part A of Annex VII to this Directive, is repealed with effect from [OP please insert the date = the first day of the twenty-fourth month after the date of entry into force of this directive] without prejudice to the obligations of the Member States relating to the time limits‑ for the transposition into national law of the Directives set out in Part B of Annex VII to this Directive.new
2. Article 3(1) and Article 6(1) shall apply from 31 December 2027 in respect of Mayotte.
3. For urban wastewater discharges that are treated by urban wastewater treatment plants treating a load of 100 000 p.e. and above and that are not required to comply with the requirements set out in Article 7(1) by 31 December 2030, Article 5 of Council Directive 91/271/EC shall continue to apply until 31 December 2035.
For urban wastewater discharges from agglomerations of between 10 000 p.e. and 100 000 p.e. that are not required to comply with the requirements set out in Article 7(3) by 31 December 2035, Article 5 of Council Directive 91/271/EC shall continue to apply until 31 December 2040.
4. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex [VIII].
91/271/EEC (adapted)
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Article 3319 - Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles […] and Annexes […] [refer to the articles and annexes which have been amended in substance by comparison with the repealed Directives] by [OP please insert the date = the last day of the twenty-third month after the date of entry into force of this Directive] this Directive no later than 30 June 1993. They shall forthwith inform immediately communicate the text of those measures to the Commission thereof.2. When Member States adopt those measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. The methods of making such a reference shall be laid down by the Member States shall determine how such reference is to be made and how that statement is to be formulated .
23. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed covered by this Directive.
Article 34 - Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.Articles […] and Annexes […] [refer to the articles and annexes which are unchanged by comparison with the repealed Directive] shall apply from […] [OP please insert the date = the first day of the twenty-fourth month after the date of entry into force of this Directive].
91/271/EEC (adapted)
Article 3520 - Addressees
This Directive is addressed to the Member States.