What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

P9_TA(2023)0355

on the proposal for a directive of the European Parliament and of the Council concerning urban wastewater treatment (recast)

Urban wastewater treatment

(COM(2022)541 – C96363/2022 – 2022/0345(COD))

Committee on the Environment, Public Health and Food Safety

PE745.327

Amendments adopted by the European Parliament on 5 October 2023 on the proposal for a directive of the European Parliament and of the Council concerning urban wastewater treatment (recast) (COM(2022)0541 – C9-6363/2022 – 2022/0345(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)541),

– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C96363/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Belgian Chamber of Representatives and the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 22 February 2023,

– having regard to the opinion of the Committee of the Regions of 6 July 2023,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,

– having regard to the letter of 14 September 2023 sent by the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 110(3) of its Rules of Procedure,

– having regard to Rules 110 and 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Agriculture and Rural Development,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0276/2023),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Article 3 – paragraph 3 a (new)

Justification

The Opinion of the European Economic and Social Committee finds that Leakage from sewage pipes is an often overlooked and largely unreported source of untreated wastewater that puts groundwater at risk. This can represent a significant share of the pollution load from urban systems on the environment (point 4.11). Therefore, Member States should aim to reduce leakages from sewers.

Amendment 65

Article 11 – paragraph 2 a (new)

Amendment 137267

Proposal for a directive

Article 26 – paragraph 2

Amendment 254

Proposal for a directive

Article 26 – paragraph 4

Amendment 217

Article 32 – paragraph 2

Amendment 266

Proposal for a directive

Article 32 – paragraph 4 a (new)

Amendment 225

Annex VI – point 10 a (new)

EXPLANATORY STATEMENT

The rapporteur generally welcomes the European Commission’s Proposal for a Directive concerning urban wastewater treatment (recast). The existing Directive 91/271/EEC on urban wastewater treatment (UWWTD) has succeeded in reducing environmental pollution from wastewater and in enhancing the ecological and chemical status of the European water bodies as stated in the Commission’s evaluation of the 1991 Directive. It has been successful in decreasing nitrogen and phosphorus emissions in most EU-27 countries. The current Directive is now 30 years old, and needs to be revised in order to deal with new challenges. The Commission proposal suggests stronger rules and more ambitious targets on additional micro-pollutants in order to progress towards the European Green Deal’s zero pollution ambition of having an environment free of harmful pollution by 2050.

Small agglomerations

Small agglomerations are covered by the current Directive only in a very general manner and yet constitute a significant pressure on EU’s surface water bodies. While some Member States have established in their legislation that all urban wastewater needs to be treated, some other Member States have set standards for smaller agglomerations going beyond the requirements set out in the current Directive. The rapporteur therefore considers the most ambitious approach assessed by the Commission in the impact assessment, namely 500p.e., appropriate for the next period.

Tertiary treatment

The rapporteur considers that removal of nutrients from the wastewater (Art 7) could be more ambitious given that phosphorus removal with iron salts/chemical solutions is relatively cheap and easily scalable. For nitrogen, removals are more difficult due to bacterial processes, requiring more space and warmer temperatures, therefore making it more difficult in an area where the water temperature is on average below 12 degrees. The rapporteur considers therefore necessary that Member States may offer a derogation to the treatment plants for not meeting the set out nitrogen reduction targets for the days when the temperatures are below 12 degrees.

Implementation of the Extended Producer Responsibility

Micro-pollutants are increasingly a concern and the rapporteur therefore in general welcomes the proposal for the introduction of the polluter pays principle for the water sector. The proposal from the Commission includes an extended producer responsibility for pharmaceutical and cosmetic products put on the market (Art 9 and 10). According to the Commission, 92% of micro pollutants found in receiving waters come from pharmaceuticals and cosmetics. Micro-pollutants are a serious concern and especially pharmaceuticals - the ones people ingest - are of concern. The rapporteur however has concerns about the proposed measures for the EPR scheme. Pharmaceuticals and PCPs have a societal added value. Society as a whole has a responsibility for the consumption and/or usage of these products and should therefore contribute toward cleaning it up. Member States should therefore ensure that national financing programmes are set up for the upgrade to quaternary treatment in addition to the EPR scheme.

Energy neutrality of UWWTPs

The rapporteur welcomes the principle of energy neutrality of UWWTPs (Art 11) while the article needs clarifications regarding by what means energy neutrality can be reached. It is important to incentivise the energy production potential of treatment plants while allowing different options to reach the target (on or off-site generation or bought from external sources).

Water reuse and dischargers of urban wastewater

The rapporteur believes that the promotion of water reuse of treated wastewater (Art 15) should be recognised for its great potential in particular for industrial purposes, such as heating and cooling and hydrogen production.

Per- and Polyfluoroalkyl Substances (PFAS)

The proposed Directive and the list of products to be covered by the EPR does not cover chemicals containing PFAS despite their damaging nature to environment and human health. The rapporteur therefore calls on the Commission to assess the possible need to extend the scope of the EPR to products containing Per- and Polyfluoroalkyl Substances (PFAS) taking into account any future restrictions.

The rapporteur is still considering some additional clarifications on questions such as micro-plastics at a later stage.

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