The European Parliament and the EU Council reached, on Monday 29 January, a provisional agreement on the modernisation of the 30-year-old Directive 91/271/EEC on urban wastewater treatment.
The second session of interinstitutional negotiations (trilogue) led to the result on this new directive, which aims to combat residual wastewater pollution, extend water treatment to small municipalities, reduce the energy consumption of wastewater treatment plants and introduce a system of extended producer responsibility (EPR) for cosmetic and pharmaceutical products.
Water collection. The obligation to install urban wastewater collection systems will be extended to all agglomerations of 1,000 population equivalent (p.e.) or more (compared with 2,000 at present). The deadline for compliance with this obligation is 2035. Derogations are provided for small agglomerations discharging into coastal waters, discharges into less sensitive areas and for the most recent Member States to join the EU, such as Romania, Bulgaria and Croatia.
If setting up a collection system is not justified, feasible or cost-effective, Member States may use individual systems to collect and treat urban wastewater.
Wastewater treatment/National integrated management plans. Secondary treatment (elimination of biodegradable organic matter) will be applied to urban wastewater, before it is discharged into the environment, in all agglomerations of 1,000 p.e. or more by 2035. By 2039, EU countries will have to guarantee the application of tertiary treatment (the elimination of nitrogen and phosphorus) in all plants covering 150,000 p.e. or more and, by 2045, in plants covering 10,000 p.e. or more. Additional treatment to eliminate a wide range of micropollutants (quaternary treatment) will be compulsory for all facilities of more than 10,000 p.e. by 2045.
These national integrated urban wastewater management plans will be reviewed at least every 6 years, in accordance with the Water Framework Directive.
Pollutant monitoring. The agreement provides for the monitoring of various public health parameters (such as the SARS-CoV-2 virus and its variants, poliovirus, influenza viruses and emerging pathogens, as well as chemical pollutants, including PFAS) and microplastics. Antimicrobial resistance will also be monitored for agglomerations of 100,000 p.e. or more.
Producer liability. The polluter pays principle will apply to cover the costs of additional treatment (quaternary treatment) to eliminate micropollutants. The agreement stipulates that at least 80% of the costs will be covered by the producers, supplemented by national funding to avoid unforeseen consequences on the availability, price and accessibility of vital products, particularly medicines.
“We have ensured that the impact of this legislation on the affordability of medicines will not be disproportionate. We also make sure that harmful chemical substances such as PFASs are eliminated”, said the chief negotiator for the European Parliament, Nils Torvalds (Renew Europe, Finnish).
Reuse of treated wastewater. Member States should promote the reuse of treated wastewater from all wastewater treatment plants, where necessary, particularly in areas subject to water stress.
Measures relating to reuse should be taken into account in national water resilience strategies.
Energy neutrality. Urban wastewater treatment plants will have to gradually increase the proportion of renewable energy used each year (20% by 2030, 40% by 2035, 70% by 2040 and 100% by 2045).
The European Commission’s proposal was made in October 2022 to ensure cleaner water by 2030 and to save energy, thereby serving the EU’s ‘zero pollution’ ambition and the EU’s 2050 net-zero target (see EUROPE 13051/2).
The text of the provisional agreement should be available in 2 weeks. (Original version in French by Aminata Niang)