On Monday 16 October in Luxembourg, the Environment Ministers of the EU Member States reached agreement on the EU Council’s negotiating position on the proposed revision of the 30-year-old Directive 91/271/EEC on urban wastewater treatment.
This future modernised directive aims to tackle residual pollution in wastewater, combat toxic micropollutants, extend water treatment to small municipalities, reduce the energy consumption of wastewater treatment plants and introduce a system of extended responsibility for producers of cosmetic and pharmaceutical products (see EUROPE 13271/6, 13051/2).
On the basis of the Spanish Presidency’s latest compromise – reconciling environmental ambition with flexibility in progressive implementation – a general approach of the EU Council (a political agreement) was adopted by a large qualified majority. Estonia abstained and entered a statement in the minutes of the session: https://aeur.eu/f/92i
The acting Spanish Minister for Ecological Transition, Teresa Ribera, hailed this as a step forward “for the well-being of people, for reducing the ecological footprint of a sector that will have to use its own resources to decarbonise and reduce its ecological footprint”, through the production of energy such as biogas.
Negotiations can now begin with the European Parliament, which has also just adopted its position (see EUROPE 13265/22). Ms Ribera called for these inter-institutional negotiations to be concluded “before May”.
The text agreed by the ministers postpones the entire implementation timetable, taking into account the starting points of the various countries and local particularities.
Countries that joined the EU after 2006 will be able to benefit from a postponement of up to 12 years. With regard to the size of the agglomerations to which the directive will apply, the Commission proposed to include small agglomerations of 1,000 inhabitants. The Council is raising this threshold to 1,250 population equivalent (p.e.).
Wastewater collection. The obligation to install wastewater collection systems would be extended to all agglomerations of 1,250 p.e. or more, and the deadline for compliance would be postponed from 2030 to 2035, with certain derogations for small agglomerations and the most recent Member States to join the EU.
Member States that joined the EU after 2004 or 2006 could see their deadline for complying with this obligation extended by 8 or 12 years respectively, to take account of the significant investments already made.
If setting up a collection system is not justified, feasible or cost-effective, countries will be able to use individual systems to collect and treat urban wastewater.
Water treatment. The Council is extending the obligation to apply secondary treatment (the elimination of biodegradable organic matter) to wastewater before it is discharged into the environment to all agglomerations of 1,250 p.e. or more by 2035. Exemptions apply to smaller conurbations and to countries that have recently joined the EU.
By 2045, Member States will have to ensure that tertiary treatment (elimination of nitrogen and phosphorus) is applied to large plants of 150,000 p.e. or more. Tertiary treatment will be compulsory in small agglomerations located in areas at risk of eutrophication. A derogation is provided for when treated wastewater is reused for agricultural irrigation, provided there are no environmental or health risks.
Additional treatment to eliminate a wide range of micropollutants (quaternary treatment) will be compulsory for all facilities over 200,000 p.e. by 2045, with intermediate targets in 2035 and 2040.
The Council also provides for a principle of non-deterioration of water quality in relation to the requirements of the Water Framework Directive.
Energy neutrality. The EU Council’s position is that energy can be generated on-site or off-site and that up to 30% of the energy can be purchased from sources external to the treatment plant.
Germany, which supported the compromise, would have liked to see fewer derogations. This delegation submitted a statement to the minutes expressing its concern about off-patent medical devices, believing that there is a risk of facing a medicines supply problem.
See the text of the general approach: https://aeur.eu/f/92m (Original version in French by Aminata Niang)