(1a)

Water is a public good which belongs to everyone and is for everyone and which, as a natural resource that is essential, irreplaceable and indispensable to life, needs to be considered and integrated in its three dimensions: social, economic and environmental.

(1b)

The European Parliament resolutions of 5 October 2022 on access to water as a human right — the external dimension, and of 8 September 2015 on the follow-up to the European Citizens’ Initiative ‘Right2Water’ state that water should be treated as a common good.

(2)

Directive 91/271/EEC sets the legal framework for the collection, treatment and discharge of urban wastewater and the discharge of biodegradable wastewaters from certain industrial sectors. Its objective is to protect the environment from being adversely affected by insufficiently treated urban wastewater discharges. This Directive should continue to pursue the same objective, whilst also contributing to the protection of public health, when for instance urban wastewater is discharged in bathing waters or in water bodies used for the abstraction of drinking water, or when urban wastewater is used as an indicator for parameters relevant for public health. It should also improve access to sanitation and to key information related to the governance of the urban wastewater collection and treatment activities. Finally, this Directive should contribute to the progressive elimination of greenhouse gas (GHG) emissions from urban wastewater collection and treatment activities, notably by further reducing nitrogen emissions but also by promoting energy efficiency and production of renewable energies, and thus should contribute to the 2050 objective of Climate Neutrality established under Regulation (EU) 2021/1119 of the European Parliament and of the Council (37).

(2)

Directive 91/271/EEC sets the legal framework for the collection, treatment and discharge of urban wastewater and the discharge of biodegradable wastewaters from certain industrial sectors. The objective of this framework is to protect the environment , including the biodiversity of land-based, marine and coastal ecosystems from being adversely affected by insufficiently treated urban wastewater discharges in order to achieve the objectives established under Directive 2000/60/EC and other relevant legislation . This Directive should , in view of the green transition objectives set by the Green Deal, continue to pursue the same objective, whilst also contributing to the protection of public health, when for instance urban wastewater is discharged in bathing waters or in water bodies used for the abstraction of drinking water, or when urban wastewater is used as an indicator for parameters relevant for public health. It should also ensure access to sanitation and to key information related to the governance of the urban wastewater collection and treatment activities. This Directive should also contribute to the progressive reduction of greenhouse gas (GHG) emissions from urban wastewater collection and treatment activities, notably by further reducing nitrogen emissions but also by promoting energy efficiency and production of renewable energies, and thus should contribute to the 2050 objective of Climate Neutrality established under Regulation (EU) 2021/1119 of the European Parliament and of the Council (37) . Finally, it should encourage the use of nature-based solutions such as constructed wetland as a tool for the treatment and discharge of urban wastewater .

(4)

Small agglomerations constitute a significant pressure on 11 % of the surface water bodies in the Union (39). To better tackle the pollution from such agglomerations, and to prevent discharges of untreated urban wastewater into the environment, the scope of this Directive should include all agglomerations of 1 000 population equivalent (p.e.) and above.

(4)

Small agglomerations constitute a significant pressure on 11 % of the surface water bodies in the Union (39). To better tackle the pollution from such agglomerations, and to prevent discharges of untreated urban wastewater into the environment, the scope of this Directive should include agglomerations of 750 population equivalent (p.e.) and above.

(5)

In order to ensure effective treatment of urban wastewater before discharge into the environment, all urban wastewaters from agglomerations of 1 000 p.e. and above should be collected in centralised collecting systems. Where such systems are already in place, Member States should ensure that all sources of urban wastewater are connected to them.

(5)

In order to ensure effective treatment of urban wastewater before discharge into the environment, all urban wastewaters from agglomerations of 750 p.e. and above should be collected in centralised collecting systems. Where such systems are already in place, Member States should ensure that all sources of urban wastewater are connected to them. Where such systems are not connected to one other, Member States should encourage and support small municipalities to join together to manage wastewaters collectively, with this joint management also making a reduction in costs possible.

(6)

Exceptionally, where it can be demonstrated that the establishment of a centralised urban wastewater collecting system would produce no environmental benefit or involve excessive costs, Member States should be allowed to use individual systems to treat urban wastewater, as long as they ensure the same level of treatment as secondary and tertiary treatment. For this purpose, Member States should establish national registers to identify individual systems used on their territory and take all necessary measures to ensure that the design of such systems is adequate, that the systems are properly maintained and that they are subject to a regular compliance control. In particular, Member States should ensure that individual systems used for the collection and storage of urban wastewater are impervious and leak-proof, and that monitoring and inspection of the systems are carried out at regular and fixed intervals.

(6)

Exceptionally, where it can be demonstrated that the establishment of a centralised urban wastewater collecting system would produce no environmental benefit or involve excessive costs, Member States should be allowed to use individual systems to treat urban wastewater, as long as they ensure the same level of environmental protection as secondary and tertiary treatment. For this purpose, Member States should establish national and, where appropriate, regional registers to identify individual systems used on their territory and take all necessary measures to ensure that the design of such systems is adequate, that the systems are properly maintained and that they are subject to a regular compliance control. In particular, Member States should ensure that individual systems used for the collection and storage of urban wastewater are impervious and leak-proof, and that monitoring and inspection of the systems are carried out at regular and fixed intervals. In order to allow for a harmonised regulation of individual systems among Member States, the Commission should provide guidance on the requirements mentioned above on the design, operation and maintenance of such individual systems.

(7)

During rainfall, storm water overflows and urban runoff represent a sizeable remaining source of pollution discharged into the environment. Those emissions are expected to increase due to the combined effects of urbanisation and progressive change of the rain regime linked with climate change. Solutions to reduce that source of pollution should be defined at local level taking into account the specific local conditions. They should be based on an integrated quantitative and qualitative water management in urban areas. Therefore, Member States should ensure that integrated urban wastewater management plans are established at local level for all agglomerations of 100 000 p.e. and above as those agglomerations are responsible for a significant share of the pollution emitted. Furthermore, integrated urban wastewater management plans should also be put in place for agglomeration of between 10 000 p.e. and 100 000 p.e. where storm water overflows or urban runoff poses a risk for the environment or public health.

(7)

During rainfall, storm water overflows and urban runoff discharges represent a sizeable remaining source of pollution discharged into the environment. Those emissions are expected to increase due to the combined effects of urbanisation, and progressive change of the rain regime linked with climate change. Climate change will indeed increase the likelihood of storm water overflows and urban runoff. Urban wastewater management infrastructures are therefore particularly vulnerable to climate change. Solutions to reduce that source of pollution should be defined at local and regional level taking into account the specific local conditions , including climatic ones and the vulnerability of those infrastructures. It would also be beneficial to have local and regional action plans covering multiple localities when they are all liable to be impacted by the same watercourses in circumstances of abundant precipitation and, implicitly, by urban runoff. They should be based on an integrated quantitative and qualitative water management in urban areas. In addition, control at source including through nature-based solutions should be mainstreamed as a first step to avoid pollution in urban runoff, as well as co-ordination of measures to control the quantity of urban runoff at source. Therefore, Member States should ensure that integrated urban wastewater management plans , including a stress test assessment of the vulnerability of collecting systems and urban wastewater treatment plants based on climate change scenarios, are established at local and, where appropriate, regional level for all agglomerations of 100 000 p.e. and above as those agglomerations are responsible for a significant share of the pollution emitted. Furthermore, integrated urban wastewater management plans should also be put in place for agglomeration of between 10 000 p.e. and 100 000 p.e. where storm water overflows or urban runoff poses a risk for the environment or public health. The proposed goal of a reduction of storm water overflow to approximately 1 % of the annual collected urban wastewater load calculated in dry weather flow conditions and measured at the treatment plant inlet refers in particular to the nitrogen content. Due to technical conditions, Member States may, following the rules set out in Annex 5, set alternative targets for other parameters, such as chemical oxygen demand, which could initially differ by the percentage, depending on the parameter, but can be modelled to the same parameters as the established goal.

(7a)

When establishing their integrated urban wastewater management plans, Member States should take into account the cumulative effects of demographic changes, meteorological phenomena and the expected sea level rise, especially in coastal areas and littoral regions. Those cumulative effects, which cause overflows in wastewater treatment plants, have a negative impact on the environment and on health by increasing pollution. Wastewater management in such areas should be appropriately addressed, including regular monitoring of wastewater system maintenance.

(7b)

Better management of water quality and quantities in urban areas will contribute to climate adaptation. In order to reduce the negative effects of storm water overflows, Member States should aim at increasing green and blue spaces in urban areas by taking into account the Urban Greening platform which provides guidance and knowledge to support towns and cities. Member States should aim as well to develop new infrastructures, giving priority to green and blue infrastructure such as green urban spaces, green roofs, vegetated ditches, treatment wetlands and storage ponds designed to support biodiversity. Preventive measures aimed at avoiding the entry of unpolluted rain waters into collecting systems, and measures increasing green and blue spaces should include measures promoting natural water retention or rainwater harvesting. Other actions could include increasing the number of parks, trees and woodland patches with native species, green roofs, wildflower grasslands, gardens, tree-lined streets, urban meadows and hedges, ponds and watercourses limiting impermeable surfaces in agglomerations and the amount of city horticulture, which can not only create a good habitat for pollinators, birds and other species, but also directly help to control and reduce rainwater and related pollution, while improving the overall quality of life in such cities. Where relevant, water reuse should be considered in the context of the development of the integrated urban wastewater management plans.

(8)

In order to ensure that the integrated urban wastewater management plans are cost-effective, it is important that they are based on best practices in advanced urban areas. Therefore, the measures to be considered should be based on a thorough analysis of the local conditions and should favour a preventive approach aiming at limiting the collection of unpolluted rain waters and optimising the use of existing infrastructures. With a preference for ‘green’ developments, new grey infrastructures should only be envisaged where absolutely necessary. In order to protect the environment, in particular the coastal and marine environment, and public health from being adversely affected by the discharge of insufficiently treated urban wastewater, secondary treatment should be applied to all discharges of urban wastewater from agglomerations of 1 000 p.e. and above.

(8)

In order to ensure that the integrated urban wastewater management plans are cost-effective, it is important that they are based on best practices in advanced urban areas , taking also into account the availability of digital tools and the constant change in the chemical composition of wastewaters resulting from the appearance of new products on the market, which necessitates appropriate measures for the identification and elimination of such products from the wastewaters . Therefore, the measures to be considered should be based on a thorough analysis of the local conditions and should favour a preventive approach aiming at limiting the collection of unpolluted rain waters and optimising the use of existing infrastructures to generate energy savings and contribute to emission reduction . With a preference for ‘green’ and ‘blue’ developments and investments , new grey infrastructures should only be envisaged where absolutely necessary. In order to protect the environment, in particular the coastal and marine environment, and public health , including the protection of surface, ground and drinking water, from being adversely affected by the discharge of insufficiently treated urban wastewater, secondary treatment should be applied to all discharges of urban wastewater from agglomerations of 750 p.e. and above.

(9a)

It is of great importance that the Commission take the enormous difficulties and challenges for wastewater treatment into account, such as in the revision of Regulation (EC) No 1907/2006 on the Registration, Evaluation and Authorisation of Chemicals (the ‘REACH Regulation’) regarding the phase out of per- and polyfluoroalkyl substances (PFAS). In its communication of 14 October 2020 entitled ‘Chemical Strategy for Sustainability Towards a Toxic-Free Environment’, the Commission pointed out that PFAS require special attention, considering the large number of cases of contamination of soil and water — including drinking water — in the Union and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs, and it set the objective of phasing out PFAS in the Union, unless they are proven essential for society.

(10)

Tertiary treatment should also be mandatory in agglomerations of 10 000 p.e. and above that are discharging in areas subject to, or at risk of, eutrophication. In order to ensure that efforts to limit eutrophication are coordinated at the level of the relevant basins for the whole catchment zone, areas where eutrophication is considered an issue according to currently available data should be listed in this Directive. Additionally, to ensure coherence between relevant Union legislation, Member States should identify other areas subject to, or at risk of, eutrophication on their territory, notably on the basis of data collected under Directive 2000/60/EC of the European Parliament and of the Council (40), Directive 2008/56/EC of the European Parliament and of the Council (41) and Council Directive 91/676/EEC (42). The reinforcement of the limit values, a more coherent and inclusive identification of the areas sensitive to eutrophication and the obligation to ensure tertiary treatment for all large facilities will, in combination, contribute to limit eutrophication. Since this will require additional investments on the national level, Member States should be given sufficient time to establish the required infrastructure.

(10)

Tertiary treatment should also be mandatory in agglomerations of 10 000 p.e. and above that are discharging in areas subject to, or at risk of, eutrophication. In order to ensure that efforts to limit eutrophication are coordinated at the level of the relevant basins for the whole catchment zone, areas where eutrophication is considered an issue according to currently available data should be listed in this Directive. Additionally, to ensure coherence between relevant Union legislation, Member States should identify other areas subject to, or at risk of, eutrophication on their territory, and identify whether the areas are nitrogen- or phosphorus- sensitive notably on the basis of data collected under Directive 2000/60/EC of the European Parliament and of the Council (40), Directive 2008/56/EC of the European Parliament and of the Council (41) and Council Directive 91/676/EEC (42). The reinforcement of the limit values, a more coherent and inclusive identification of the areas sensitive to eutrophication and the obligation to ensure tertiary treatment for all large facilities will, in combination, contribute to limit eutrophication. Since this will require additional investments on the national level, Member States should be given sufficient time to establish the required infrastructure.

(10a)

The development of the potential of the urban wastewater sector towards a circular economy of nutrients, and the promotion of the implementation of water reuse, in line with the new Circular Economy Action Plan  (1a) , would entail that reclaimed water which is to be used for agricultural irrigation purposes in compliance with the European Water Reuse Regulation, could apply less restrictive requirements for nutrient removal established in this Directive.

(11)

Recent scientific knowledge underpinning several Commission strategies (43) highlight the need to take action to address the issue of micro-pollutants, which are now detected in all waters in the Union. Some of those micropollutants are hazardous for public health and the environment even in small quantities. An additional treatment, i.e. quaternary treatment, should therefore be introduced in order to ensure that a large spectrum of micro-pollutants is removed from urban wastewater. Quaternary treatment should first focus on organic micro-pollutants, which represent a significant part of the pollution and for which removal technologies are already designed. The treatment should be imposed based on the precautionary approach combined with a risk-based approach. Therefore, all urban wastewater treatment plants of 100 000 p.e. and above should provide quaternary treatment, as those facilities represent a significant share of micro-pollutant discharges in the environment and the removal of micro-pollutants by urban wastewater treatment plants at such scale is cost-effective. For agglomerations of between 10 000 p.e. and 100 000 p.e., Member States should be required to apply quaternary treatment to areas identified as sensitive to pollution with micro-pollutants based on clear criteria, which should be specified. Such areas should include locations where treated urban wastewater discharge to water bodies result in low dilution ratios, or where the receiving water bodies are used for the production of drinking water or as bathing waters. In order to avoid the requirement of quaternary treatment for agglomerations of between 10 000 p.e. and 100 000 p.e., Member States should be required to demonstrate the absence of risks to the environment or to public health on the basis of a standardised risk assessment. In order to give Member States enough time to plan and deliver the necessary infrastructures, the requirement of quaternary treatment should progressively apply until 2040 with clear interim objectives.

(11)

Recent scientific knowledge underpinning several Commission strategies (43) highlights the need to take action to address the issue of micro-pollutants, which are now detected in all waters in the Union and which are being generated by the appearance on the market of new domestic or industrial products which necessitate new methods of identification and elimination from wastewaters . Some of those micropollutants are hazardous for public health and the environment even in small quantities. An additional treatment, i.e. quaternary treatment, should therefore be introduced in order to ensure that a large spectrum of micro-pollutants is removed from urban wastewater. Quaternary treatment should first focus on organic micro-pollutants, which represent a significant part of the pollution and for which removal technologies are already designed. The treatment should be consistent with Directive 2000/60/EC of the European Parliament and of the Council (the ‘Water framework Directive’) and be imposed based on the precautionary principle combined with a risk-based approach. Therefore, all urban wastewater treatment plants of 150 000 p.e. and above should provide quaternary treatment, as those facilities represent a significant share of micro-pollutant discharges in the environment and the removal of micro-pollutants by urban wastewater treatment plants at such scale is cost-effective. For agglomerations of between 35 000 p.e. and 150 000 p.e., Member States should be required to apply quaternary treatment to areas identified as sensitive to pollution with micro-pollutants based on clear criteria, which should be specified . Those criteria should particularly reflect the risks associated with micro-plastics and PFAS . Such areas should include locations where treated urban wastewater discharge to water bodies result in low dilution ratios, or where the receiving water bodies are used for the production of drinking water or as bathing waters. In order to avoid the requirement of quaternary treatment for agglomerations of between 35 000 p.e. and 150 000 p.e., Member States should be required to demonstrate the absence of risks to the environment or to public health on the basis of a standardised risk assessment. In order to give Member States enough time to plan and deliver the necessary infrastructures, the requirement of quaternary treatment should progressively apply until [please insert the date fifteen years after the date of entry into force of this Directive] with clear interim objectives.

(13)

The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants. In order to cover these additional costs and in accordance with the polluter-pays principle expressed in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market products containing substances which, at the end of their life, are found as micro-pollutants in urban wastewaters (‘micro-pollutant substances’) take responsibility for the additional treatment required to remove those substances, generated in the context of their professional activities. A system of extended producer responsibility is the most appropriate means to achieve this, as it would limit the financial impact on the taxpayer and water tariff, while providing an incentive to develop greener products. Pharmaceuticals and cosmetic residues currently represent the main sources of micro-pollutants found in urban wastewater requiring an additional treatment (quaternary treatment). Therefore, extended producer responsibility should apply to those two product groups.

(13)

The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants. In order to cover these additional costs and in accordance with the polluter-pays principle expressed in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market products containing substances which, at the end of their life, are found as micro-pollutants in urban wastewaters (‘micro-pollutant substances’) take responsibility for the additional treatment required to remove those substances, generated in the context of their professional activities. A system of extended producer responsibility is the most appropriate means to achieve this, as it would limit the financial impact on the taxpayer and water tariff, while providing an incentive to develop greener products. To limit unintended consequences on the availability, affordability and accessibility of vital products, the producer responsibility should be complemented by national funding, due to the high societal value of the sectors covered by the extended producer responsibility. Extended producer responsibility schemes should be implemented in line with the deadline provided in the transposition provisions of this Directive. Pursuant to Article 191 TFEU, Union policy on the environment is to aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. The polluter pays principle refers to a principle according to which polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy the pollution. The extended producer responsibility scheme provided for in this Directive is based upon the polluter pays principle and is aimed at the full implementation combined with a national contribution due to the need for further examination to ensure complete responsibility for all the pollution caused and full funding not to undermine the availability and accessibility of vital products. Pharmaceuticals and cosmetic residues currently represent the main sources of micro-pollutants found in urban wastewater requiring an additional treatment (quaternary treatment). Therefore, extended producer responsibility should apply to those two product groups. Due to national variations, Member States should be given flexibility enough to designate which products are classified as vital products, which could be, for example, medicines with a high impact on life quality, hygienic products or sun protection products. The list of product groups should be adapted, if and as necessary, in the future in line with scientific and technological development, the evolution of the range of products placed on the market and new data from monitoring.

(13a)

Micro- and nanoplastic pollution is often caused by dyeing and washing processes of synthetic textiles as synthetic microfibres are released into wastewater. This is particularly the case for plastic microfibres or nanoplastics, fragments of macroplastics, macrowaste or particles from other forms of plastic degradation, the presence of which in the environment and the ocean has been underestimated for a long time. Most micro-plastics from textiles are released during the first five to ten washes, which only solidifies the link between fast fashion and micro-plastic pollution. The Commission should submit a legislative proposal, accompanied by an impact assessment, in line with its initiative on ‘Microplastics pollution — measures to reduce its impact on the environment’ to oblige the fitting of microfibre filters for new washing machines at EU level by 31 December 2027.

(14)

Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 2 tonnes of products, since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.

(14)

Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 2 tonnes of products calculated for the Union market , since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that the products they place on the market are rapidly biodegradable or that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.

(14a)

When ensuring that producers have extended producer responsibility, Member States should be able to add other sectors, such as pesticides, household products and plastic additives, based on the evidence of the presence of micro-pollutants in the water after passing through tertiary treatment, in the sludge or permanently in the system in order to reflect national specificities.

(15)

In order to avoid possible internal market distortions, minimum requirements for the implementation of the extended producer responsibility should be established in this Directive, while the practical organisation of the system should be decided at national level. The contributions of the producers should be proportionate to the quantities of the products they place on the market and the hazardouness of their residues. The contributions should cover , but not exceed, the costs for the monitoring activities for micro-pollutants, the collection, reporting and impartial verification of statistics on the quantities and hazardouness of products placed on the market, and the application of the quaternary treatment to urban wastewater in an efficient manner and in accordance with this Directive. Since urban wastewater is treated collectively, it is appropriate to introduce a requirement for producers to join a centralised organisation which can implement their obligations under the extended producer responsibility on their behalf.

(15)

In order to avoid possible internal market distortions, minimum requirements for the implementation of the extended producer responsibility should be established in this Directive, while the practical organisation of the system should be decided at national level. The Commission should provide guidance on the extended producer responsibility schemes to allow for harmonised implementation among Member States. The contributions of the producers should be proportionate to the quantities of the products they place on the market and the hazardousness of their residues. The contributions should , together with national financing, cover the costs for the monitoring activities for micro-pollutants, the collection, analysis, reporting and impartial verification of statistics on the quantities and hazardousness of products placed on the market, the costs of providing adequate information to consumers and the application and operation of the quaternary treatment to urban wastewater in an efficient manner and in accordance with this Directive. Since urban wastewater is treated collectively, it is appropriate to introduce a requirement for producers to join a centralised organisation which can implement their obligations under the extended producer responsibility on their behalf.

(16)

The evaluation has also shown that the wastewater treatment sector offers the opportunity to significantly reduce its own energy consumption and to produce renewable energy, for example by better use of the available surfaces in urban wastewater treatment plants for solar energy production or by producing biogas from sludge. The evaluation also illustrated that, without clear legal obligations, only partial progress can be expected in this sector. In this context, Member States should be required to ensure that the total annual energy used by all urban wastewater treatment plants on their national territory treating a load of 10 000 p.e. and above does not exceed the production of energy from renewable sources as defined in Article 2(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council (44), by those urban wastewater treatment plants. That objective should be progressively met with interim targets by 31 December 2040. Reaching this energy neutrality target will contribute to reduce the avoidable greenhouse gas (GHG) emissions from the sector by 46 %, while supporting the achievement of the 2050 climate neutrality objectives and related national and Union objectives, [such as the objectives set out in Regulation (EU) 2018/842 of the European Parliament and of the Council (45). Encouraging EU-based biogas or solar energy production while enhancing energy efficiency measures in line with the Energy Efficiency First principle (46), which means taking utmost account of cost-efficient energy efficiency measures in shaping energy policy and making relevant investment decisions, will also help reduce the Union energy dependence, one of the objectives expressed in the Commission ‘Repower EU’ Plan (47). It is also in line with Directive (EU) 2018/844 of the European Parliament and of the Council (48) and with Directive (EU) 2018/2001 in which urban wastewater treatment sites are qualified as ‘go-to’ areas for renewables, meaning a location designated as particularly suitable for the installation of plants for the production of energy from renewable sources. In order to reach the objective of energy neutrality via optimal measures for each urban wastewater treatment plant and for the collection system, Member States should ensure that energy audits are carried out in accordance with Article 8 of Directive 2012/27/EU of the European Parliament and of the Council (49) every four years. Those audits should include an identification of the potential for cost-effective use or production of renewable energy following the criteria set out in Annex VI to Directive 2012/27/EU.

(16)

The evaluation has also shown that the wastewater treatment sector offers the opportunity to significantly reduce its own energy consumption and to produce renewable energy, for example by better use of the available surfaces in urban wastewater treatment plants for solar energy production or by producing biogas from sludge , as well as by heat or kinetic energy or other renewable energy sources which may become available as a result of future research in line with the Renewable Energy Directive (2009/28/EC) . The evaluation also illustrated that, without clear legal obligations, only partial progress can be expected in this sector. In this context, Member States should be required to ensure that the total annual energy used by all urban wastewater treatment plants on their national territory treating a load of 10 000 p.e. and above does not exceed the production of energy from renewable sources as defined in Article 2(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council (44), by those urban wastewater treatment plants through, for instance, on site or next-to-site generation, or contributions to an external energy production system, such as sending sludge to a centralised biogas production facility . That objective should be progressively met with interim targets by 31 December 2040. Reaching this energy neutrality target will contribute to reduce the avoidable greenhouse gas (GHG) emissions from the sector by 46 %, while supporting the achievement of the 2050 climate neutrality objectives and related national and Union objectives, [such as the objectives set out in Regulation (EU) 2018/842 of the European Parliament and of the Council (45). Encouraging EU-based biogas or solar energy production while enhancing energy efficiency measures in line with the Energy Efficiency First principle (46), which means taking utmost account of cost-efficient energy efficiency measures in shaping energy policy and making relevant investment decisions, will also help reduce the Union energy dependence, one of the objectives expressed in the Commission ‘Repower EU’ Plan (47). It is also in line with Directive (EU) 2018/844 of the European Parliament and of the Council (48) and with Directive (EU) 2018/2001 in which urban wastewater treatment sites are qualified as ‘go-to’ areas for renewables, meaning a location designated as particularly suitable for the installation of plants for the production of energy from renewable sources. In order to reach the objective of energy neutrality via optimal measures for each urban wastewater treatment plant and for the collection system, Member States should ensure that energy audits are carried out in accordance with Article 8 of Directive 2012/27/EU of the European Parliament and of the Council (49) every four years accompanied by an action plan laying down a set of measures to be implemented by the plants in order to decrease their energy consumption. Unless the plants have reached their maximal energy efficiency in accordance with this Directive or any stricter national targets, such audits should be accompanied by an action plan laying down a set of measures to be taken by the plants in order to reduce their energy consumption . Those audits should also include an identification of the potential for reduction of energy consumption in accordance with the energy efficiency-first principle, cost-effective recovery and use of waste heat, either onsite or via a district energy system, or cost-effective use or production of renewable energy following the criteria set out in Annex VI to Directive 2012/27/EU, as well as identify potential improvements in order to reduce methane and nitrous oxide emissions .

(16a)

Wastewater is one of the four main sources of methane emissions, next to agriculture, energy and waste. Therefore, the Commission should propose by 31 December 2025 and based on an impact assessment, a 2030 Union binding methane emission reduction target covering all relevant emitting sectors. Achievements in methane reductions are 82,5 times more effective, over a 20-year span, than CO2 reductions, and with 12 years compared to more than hundreds of years for CO2, methane is much faster to dissolve from the atmosphere and therefore highly relevant and advantageous to reduce, in accordance with the commitment made under the Global Methane Pledge. Member States should ensure that the wastewater sector achieves the climate neutrality target by 2050 at the latest, as set out in the European Climate Law.

(17)

Since the transboundary nature of water pollution requires cooperation between neighbouring Member States or third countries in addressing such pollution and identifying measures to tackle its source, Member States should be required to inform each other or the third country if significant water pollution originating from urban wastewater discharges in one Member State or third country impacts or is likely to impact the water quality of another Member State or third country. Such information should be immediate in case of incidental pollution significantly affecting downstream water bodies. The Commission should be informed and, if necessary, participate in meetings at the request of Member States. It is also important to tackle the transboundary pollution from third countries sharing the same water bodies with some of the Member States. For the purpose of dealing pollution coming or arriving in third countries, the cooperation and coordination with third countries may be carried out in the framework of the United Nations Economic Commission for Europe (UNECE) Water Convention (50) or other relevant regional Conventions such as the Regional Seas or Rivers Conventions.

(17)

Since the transboundary nature of water pollution requires cooperation between neighbouring Member States or third countries in addressing such pollution and identifying measures to tackle its source, Member States should be required to inform each other or the third country if significant water pollution originating from urban wastewater discharges in one Member State or third country impacts or is likely to impact the water quality of another Member State or third country. Such information should be immediate in case of incidental pollution significantly affecting downstream water bodies  by means of timely alarm systems at local, regional and cross-border level in the event of incidental pollution . The Commission should be informed and, if necessary, participate in meetings at the request of Member States. It is also important to tackle the transboundary pollution from third countries sharing the same water bodies with some of the Member States. For the purpose of dealing with pollution coming or arriving in third countries, the cooperation and coordination with third countries may be carried out in the framework of the United Nations Economic Commission for Europe (UNECE) Water Convention (50) or other relevant regional Conventions such as the Regional Seas or Rivers Conventions.

(18)

In order to ensure the protection of the environment and human health, Member States should ensure that the urban wastewater treatment plants built to comply with the requirements of this Directive are designed, constructed, operated, and maintained to ensure sufficient performance under all normal local climatic conditions.

(18)

In order to ensure the protection of the environment and health in line with the One Health approach , Member States should ensure that the collecting system and urban wastewater treatment plants built to comply with the requirements of this Directive are designed, constructed, operated, and maintained to ensure sufficient performance under all normal local climatic conditions  and should continuously adapt their methods of identifying pollutants in wastewaters in lockstep with the placing on the market of new products which could subsequently be found in wastewaters .

(19)

Urban wastewater treatment plants also receive non-domestic wastewater, including industrial wastewater, which can contain a range of pollutants not explicitly covered by Directive 91/271/EEC, such as heavy metals, micro-plastics, micro-pollutants and other chemicals. In most instances, there is a poor understanding and knowledge of such pollution which could deteriorate the functioning of the treatment process and contribute to the pollution of the receiving waters, but also prevent the recovery of sludge and the re-use of treated wastewater. Member States should therefore regularly monitor and report on such non-domestic pollution that enters the urban wastewater treatment plants and is discharged into water bodies. To prevent pollution from non-domestic wastewater discharges at source, releases from industries or enterprises connected to collecting systems should be subject to prior authorisation. In order to ensure that collecting systems and urban wastewater treatment plants are technically capable of receiving and treating the incoming pollution, the operators who manage urban wastewater treatment plants receiving non-domestic wastewater should be consulted before those permits are issued and should be able to consult the issued permits in order to be able to adapt their treatment processes. Where non-domestic pollution is identified in the incoming waters, Member States should take appropriate measures to reduce pollution at source, by enhancing the monitoring of pollutants in collecting systems so that the pollution sources can be identified and, where necessary, by reviewing the authorisations provided to relevant, connected urban wastewater treatment plants. The water resources of the Union are increasingly under pressure, resulting in permanent or temporary water scarcity in some areas of the Union. The Union’s ability to respond to the increasing pressures on water resources could be improved through a wider reuse of treated urban wastewater, limiting freshwater abstraction from surface and groundwater bodies. Therefore, the reuse of treated urban wastewater should be encouraged and applied whenever appropriate, whilst taking into account the need to ensure that the objectives of good ecological and chemical status of the receiving bodies, as defined in Directive 2000/60/EC, are met. The reinforcement of the requirements for the treatment of urban wastewater, and the actions to better monitor, track and reduce pollution at source, will have impacts on the quality of treated urban wastewater, and will therefore support water reuse. Where water reuse serves the purpose of agricultural irrigation, it should be carried out in accordance with Regulation (EU) 2020/741 of the European Parliament and of the Council (51).

(19)

Urban wastewater treatment plants also receive non-domestic wastewater, including industrial wastewater, which can contain a range of pollutants , including microfibres and nanoplastics not explicitly covered by Directive 91/271/EEC, such as heavy metals, micro-plastics, micro-pollutants and other chemicals. In most instances, there is a poor understanding and knowledge of such pollution which could deteriorate the functioning of the treatment process and contribute to the pollution of the receiving waters, but also prevent the recovery of sludge and the re-use of treated wastewater. Member States should therefore regularly monitor and report on such non-domestic pollution that enters the urban wastewater treatment plants and is discharged into water bodies. To prevent pollution from non-domestic wastewater discharges at source, releases from industries or enterprises connected to collecting systems should be subject to prior authorisation. In order to ensure that collecting systems and urban wastewater treatment plants are technically capable of receiving and treating the incoming pollution, the operators who manage urban wastewater treatment plants receiving non-domestic wastewater should be consulted and give their assent before those permits are issued and should be able to consult the issued permits in order to be able to adapt their treatment processes . In addition, operators of collecting systems and urban wastewater treatment plants receiving non-domestic wastewater should be allowed to monitor those discharges before those discharges enter collecting systems and urban wastewater treatment plants . Where non-domestic pollution is identified in the incoming waters, Member States should take appropriate measures to reduce pollution at source, by enhancing the monitoring of pollutants in collecting systems so that the pollution sources can be identified and, where necessary, by reviewing the authorisations provided to relevant, connected urban wastewater treatment plants. The water resources of the Union are increasingly under pressure, resulting in permanent or temporary water scarcity in some areas of the Union. The Union’s ability to respond to the increasing pressures on water resources could be improved through a wider reuse of treated urban wastewater, limiting freshwater abstraction from surface and groundwater bodies. Therefore, the reuse of treated urban wastewater should be encouraged and applied whenever appropriate, especially in industrial processes and district heating and cooling. Member States should establish national water saving and reuse plans identifying water reuse and water saving objectives across all sectors deemed relevant, whilst taking into account the need to ensure that the objectives of good ecological and chemical status of the receiving bodies, as defined in Directive 2000/60/EC, are met , ensuring minimum ecological flow . The reinforcement of the requirements for the treatment of urban wastewater, and the actions to better monitor, track and reduce pollution at source, will have impacts on the quality of treated urban wastewater, and will therefore support water reuse. Where water reuse serves the purpose of agricultural irrigation, it should be carried out in accordance with Regulation (EU) 2020/741 of the European Parliament and of the Council (51).

(19a)

At the heart of this water-energy nexus is the rapidly growing realisation that climate and water systems are linked, and changes in one system induce important, non-linear changes in the other one. Climate neutrality goals and attention to water resources should therefore be developed in a mutually reinforcing way by achieving a water-smart society. That means a society in which the value of water is recognised and realised, all available water sources are managed so that water scarcity and pollution are avoided; the water system is resilient in relation to the impact of demographic changes, droughts and floods, and all relevant stakeholders are engaged to guarantee sustainable water governance, while water and resource loops are largely closed to foster a circular economy.

(20)

In order to ensure a proper implementation of this Directive and notably the respect of the emission limit values, it is important to monitor discharges of treated urban wastewater into the environment. The monitoring should be done through the establishment at national level of a mandatory prior authorisation system in order to discharge the treated urban wastewater into the environment. In addition, in order to prevent unintentional discharges of plastic biomedia the environment from urban wastewater treatment plants using this technique, it is essential to include in the discharge authorisations specific obligations to continuously monitor and prevent such discharges.

(20)

In order to ensure a proper implementation of this Directive and notably the respect of the emission limit values, it is important to monitor discharges of treated urban wastewater into the environment. The monitoring should be done through the establishment at national level of a mandatory prior authorisation system in order to discharge the treated urban wastewater into the environment. In addition, in order to continuously prevent both accidental acute leaks as well as chronic diffuse leaks of plastic biomedia including but not limited to biocarriers, biobeads and polystyrene beads the environment from urban wastewater treatment plants it is essential to include in the discharge authorisations specific obligations to use appropriate retention solutions such as grids and meshes to prevent discharges and to continuously monitor any discharges of plastic biomedia . In order to prepare for the expected growth in the use of biomedia as well as technological advances in the sector, the definition of plastic biomedia should encompass all existing technologies, while at the same time being future-proof and flexible enough to account for future advancements in this area.

(21)

In order to ensure the protection of the environment, direct discharges of biodegradable non-domestic wastewater into the environment from certain industrial sectors should be subject to prior authorisation on national level and appropriate requirements. Those requirements should ensure that direct discharges from certain industrial sectors are subject to secondary, tertiary and quaternary treatment as necessary for the protection of human health and the environment.

(21)

In order to ensure the protection of the environment, direct discharges of biodegradable non-domestic wastewater into the environment from certain industrial sectors should be subject to prior authorisation on national level and appropriate requirements. Those requirements should ensure that direct discharges from certain industrial sectors are subject to secondary, tertiary and quaternary treatment as necessary for the protection of health in line with the One Health approach and the environment , and that, in the final analysis, the parameters set for treated wastewaters are respected .

(22)

According to Article 168(1) TFEU, Union action complements national policies and is to be directed towards improving public health and preventing diseases. In order to ensure optimal use of relevant public health data from urban wastewaters, urban wastewater surveillance should be set up and used for preventive or early warning purposes, for instance in the detection of specific viruses in urban wastewater as a signal of the emergence of epidemics or pandemics. Member States should establish a permanent dialogue and coordination between competent authorities responsible for public health and competent authorities responsible for urban wastewater management. In the context of that coordination, a list of parameters relevant for public health to be monitored in urban wastewaters should be established, as well as the frequency and location of the sampling. This approach will take advantage of and complement other Union initiatives in the field of public health protection, such as environmental monitoring that includes wastewater surveillance (52). Based on information gathered during the COVID-19 pandemic and experience gained from the implementation of the Commission Recommendation on a common approach to establish a systematic surveillance of SARS-CoV-2 and its variants in wastewaters in the EU (53) (the ‘recommendation’), Member States should be required to monitor health parameters related to SARS-CoV-2 and its variants on a regular basis. In order to ensure that harmonised methods are used, Member States should, to the extent possible, use sampling and analysis methods set out in the recommendation for the monitoring of SARS-CoV-2 and its variants.

(22)

According to Article 168(1) TFEU, Union action complements national policies and is to be directed towards improving public health and preventing diseases. In order to ensure optimal use of relevant public health data from urban wastewaters, urban wastewater surveillance should be set up and used for preventive or early warning purposes, for instance in the detection of specific viruses in urban wastewater as a signal of the emergence of epidemics or pandemics , as was the case during the COVID-19 pandemic . Member States should establish a permanent dialogue and coordination between competent authorities responsible for public health and competent authorities responsible for urban wastewater management and clearly allocate roles and responsibilities and costs among those competent authorities . In the context of that coordination, a list of parameters relevant for public health to be monitored in urban wastewaters should be established, as well as the frequency and location of the sampling. This approach will take advantage of and complement other Union initiatives in the field of public health protection, such as environmental monitoring that includes wastewater surveillance (52). Based on information gathered during the COVID-19 pandemic and experience gained from the implementation of the Commission Recommendation on a common approach to establish a systematic surveillance of SARS-CoV-2 and its variants in wastewaters in the EU (53) (the ‘recommendation’), Member States should be required to monitor health parameters on a regular basis. In order to ensure that harmonised methods are used, Member States should, to the extent possible, use sampling and analysis methods set out in the recommendation for the monitoring of SARS-CoV-2 and its variants.

(23a)

This Directive acknowledges the ‘One Health’ approach, as recognised by the World Health Organization, to be an integrated and unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. The ‘One Health’ approach recognises that the health of humans, domestic and wild animals, plants, and the wider environment, including ecosystems, are closely interlinked and interdependent. It is therefore appropriate to lay down that wastewater treatment should encompass avoiding adverse health effects including epidemics, and to respect the right to a clean, healthy and sustainable environment. In respect of the G7 commitment to acknowledge the rapid rise in Antimicrobial Resistance (AMR) on a global scale, it is necessary to promote the prudent and responsible use of antibiotics in human and veterinary medicines.

(24)

In order to protect the environment and human health, Member States should identify the risks caused by urban wastewaters management. On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements. They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council (55).

(24)

In order to protect the environment and health in line with the One Health approach , Member States should identify the risks caused by urban wastewaters management . To that end, as a prior approach, control at source should be promoted to prevent pollution in urban wastewater in line with Article 191(2) of the Treaty of the Functioning of the European Union . On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, preventive measures the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements , as well as the review of discharge authorisations and the use of equivalent treatment ensuring the same level of environmental protection . They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council (55).

(25)

Sustainable Development Goal 6 and the associated target requiring Member States to ‘achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations’ by 2030 (56). Furthermore, Principle 20 of the European Pillar of Social Rights (57) states that everyone has the right to access essential services of good quality, including water and sanitation. Against that background, and in accordance with the recommendations in the WHO Guidelines for Sanitation and Health (58) and the provisions of the Protocol on Water and Health (59) Member States should tackle the issue of access to sanitation at national level. That should be done through actions aimed at improving access to sanitation for all, for example by setting up sanitation facilities in public spaces, as well as by encouraging the availability of appropriate sanitation facilities in public administrations and public buildings free of charge and\or making them affordable to all. Sanitation facilities should allow the safe management and disposal of human urine, faeces and menstrual blood . They should be safely managed, which implies that they should be accessible to all at all times, including for people with particular needs, such as children, older persons, persons with disabilities and homeless people, that they should be placed in a location that ensures minimal risk to the safety of users, and that they should be hygienically and technically safe to use. Such facilities should also be sufficient in number to ensure that the needs of people are met and waiting times are not unreasonably long.

(25)

Sustainable Development Goal 6 and the associated target requiring Member States to ‘achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations’ by 2030 (56). Furthermore, Principle 20 of the European Pillar of Social Rights (57) states that everyone has the right to access essential services of good quality, including water and sanitation. Against that background, and in accordance with the recommendations in the WHO Guidelines for Sanitation and Health (58) and the provisions of the Protocol on Water and Health (59) Member States should tackle the issue of access to sanitation at national level. That should be done through actions ensuring access to sanitation for all, for example by setting up sanitation facilities in public spaces, as well as by encouraging the availability of appropriate sanitation facilities in public administrations and public buildings free of charge and\or making them affordable to all. Sanitation facilities should allow the safe management and disposal of human urine and faeces and changing of menstrual products . They should be safely managed, which implies that they should be accessible to all at all times, including for people with particular needs, such as children, older persons, persons with disabilities and homeless people, that they should be placed in a location that ensures maximum safety of users, and that they should be hygienically and technically safe to use. Such facilities should also be sufficient in number to ensure that the needs of people are met and waiting times are not unreasonably long.

(26)

The specific situation of minority cultures, such as Roma and Travellers, whether settled or not, and in particular their lack of access to sanitation, was acknowledged in the Communication from the Commission of 7 October 2020‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’, which calls for increasing effective equal access to essential services. Overall, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to improve access to sanitation for those groups. It is important that the identification of those groups is coherent with Article 16(1) of Directive (EU) 2020/2184 of the European Parliament and of the Council (60). Measures to improve access to sanitation by vulnerable and marginalised groups might include providing sanitation facilities in public spaces for free or for a low service fee, improving or maintaining the connection to adequate systems to collect urban wastewater, and raising awareness of the nearest sanitation facilities.

(26)

The specific situation of minority cultures, such as Roma and Travellers, whether settled or not, and in particular their lack of access to sanitation, was acknowledged in the Communication from the Commission of 7 October 2020‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’, which calls for increasing effective equal access to essential services. Overall, it is appropriate that Member States pay particular attention to vulnerable groups or groups that are marginalised due to factors related to their socio-economic situation, ethnicity, sexuality, gender, disability, homelessness, legal status, religious conviction or other reasons by taking the necessary measures to ensure access to sanitation for those groups. It is important that the identification of those groups is coherent with Article 16(1) of Directive (EU) 2020/2184 of the European Parliament and of the Council. Measures to improve access to sanitation by vulnerable and marginalised groups might include providing sanitation facilities in public and private spaces for free or for a low service fee as well as in public administration buildings , improving or maintaining the connection to adequate systems to collect urban wastewater, and raising awareness of the nearest sanitation facilities.

(28)

The evaluation concluded that sludge management could be improved to better align it with the principles of the circular economy and of the waste hierarchy as defined in Article 4 of Directive 2008/98/EC. The actions to better monitor and reduce pollution at source from non-domestic discharges will help improving the quality of the sludge produced and ensure its safe use in agriculture. In order to ensure a proper and safe recovery of nutrients, including the critical substance phosphorus , from the sludge , minimum recovery rates should be defined at Union level.

(28)

The evaluation concluded that sludge management could be improved to better align it with the principles of the circular economy and of the waste hierarchy as defined in Article 4 of Directive 2008/98/EC. The actions to better monitor and reduce pollution at source from non-domestic discharges will help improving the quality of the sludge produced and ensure its safe use in agriculture and other sectors . In order to ensure and facilitate a proper and safe recovery of nutrients from sludge and wastewater and to ensure coherence in relation to the Union's aim to ensure the availability of secure and sustainable supply chains for critical raw materials , including the critical substance phosphorus, minimum recovery rates should be defined at Union level while there is also a need to work more closely with academia and researchers to identify and apply the most appropriate methods of recovering nutrients from sludge for subsequent use in agriculture . The Commission should promote legislative frameworks for the development of a functional market for recovered phosphorus and nitrogen, and the Member States should facilitate market access and further use of recovered phosphorus. Requirements on recovery should remain open to future developments in technology and process routes for nutrient recovery. Member States should consider the extraction of valuable resources from sewage sludge for agricultural purposes in order to consolidate the resilience and sustainability of the sector and to contribute to the strategic autonomy of the Union’s fertiliser industry. Member States should aim for efficient nutrient circularity and should strive to enhance sewage sludge nutrient and metal recovery with a focus on achieving other co-benefits such as biogas or biochar production.

(29)

Additional monitoring is necessary to verify compliance with the new requirements concerning micro-pollutants, non-domestic pollution, energy neutrality, GHG emissions, storm water overflows and urban runoff. To verify the performance of the quaternary treatment concerning the reduction of micro-pollutants in urban wastewater discharges, it is sufficient to monitor a limited set of representative micro-pollutants. The monitoring frequencies should be aligned to the current best practices, as currently practiced in Switzerland. To remain cost-effective, those obligations should be adapted to the size of the urban wastewater treatment plants and of the agglomerations. The monitoring will also contribute to provide data for the overall Environmental Monitoring Framework as set up under the 8th Environmental Action Programme (63), and more specifically feed the Zero Pollution Monitoring Framework underpinning it (64).

(29)

Additional monitoring is necessary to verify compliance with the new requirements concerning micro-pollutants, non-domestic pollution, energy neutrality, all GHG emissions including nitrous oxide , methane, and storm water overflows and urban runoff . Such monitoring supports national inventory reporting, provides the necessary infrastructure to implement IPCC Guidelines for monitoring and enables the future development of action plans for science-based mitigation aligned with the Paris Agreement . To verify the performance of the quaternary treatment concerning the reduction of micro-pollutants in urban wastewater discharges, it is sufficient to monitor a limited set of representative micro-pollutants. The monitoring frequencies should build on to the current best practices, as currently practiced in Switzerland . They should be expanded to capture particularly hazardous substances such as Telmisartan, Bisphenol A, Beta-estradiol and Perfluorooctane sulfonic acid (PFOS) . To remain cost-effective, those obligations should be adapted to the size of the urban wastewater treatment plants and of the agglomerations. The monitoring will also contribute to provide data for the overall Environmental Monitoring Framework as set up under the 8th Environmental Action Programme (63), and more specifically feed the Zero Pollution Monitoring Framework underpinning it (64) and support digital transition in the water sector in line with the Union’s Digital Strategy .

(30)

In order to reduce administrative burden and better use the possibilities offered by digitalisation, the reporting on the implementation of the Directive should be improved and simplified by removing the obligation for Member States to report every two years to the Commission and for the Commission to publish bi-yearly reports. It should be replaced by a requirement for Member States to improve, with the support of the European Environment Agency (EEA), the existing national standardised data sets established under Directive 91/271/EEC, and to regularly update them. Permanent access to the national databases should be provided to the Commission and the EEA. In order to ensure complete information on the application of this Directive, the data sets should include information on compliance of urban wastewater treatment plants with the treatment requirements (pass/fail, loads and concentration of pollutants discharged), on the level of achievement of the objectives of energy neutrality, on GHG emissions of the treatment plants above 10 000 p.e. and on measures taken by the Member States in the context of storm water overflows/ urban runoff, access to sanitation and treatment by individual systems. Moreover, full coherence with Regulation (EC) 166/2006 of the European Parliament and of the Council (65) should be ensured to optimise the use of the data, as well as to support full transparency.

(30)

In order to reduce administrative burden and better use the possibilities offered by digitalisation, the reporting on the implementation of the Directive should be improved and simplified by removing the obligation for Member States to report every two years to the Commission and for the Commission to publish bi-yearly reports. It should be replaced by a requirement for Member States to improve, with the support of the European Environment Agency (EEA), the existing national standardised data sets established under Directive 91/271/EEC, and to regularly update them. Permanent access to the national databases should be provided to the Commission and the EEA and should be made available to the public via a centralised Union-wide database on urban wastewater treatment. That database should allow for comparison between Member States of the performance of treatment plants to prevent pollution, allow benchmarking of measures taken and support compliance with this Directive, including the application of extended producer responsibility with a special focus on the sources of pollution . In order to ensure complete information on the application of this Directive, the data sets should include information on compliance of urban wastewater treatment plants with the treatment requirements (pass/fail, loads and concentration of pollutants discharged), on the level of achievement of the objectives of energy neutrality, on GHG emissions of the treatment plants above 10 000 p.e. and on measures taken by the Member States in the context of storm water overflows/ urban runoff, including early warning systems in the event of runoffs, access to sanitation and treatment by individual systems and implementation of extended producer responsibility . Moreover, full coherence with Regulation (EC) 166/2006 of the European Parliament and of the Council (65) should be ensured to optimise the use of the data, as well as to support full transparency. The administrative burden of providing information and data to the public should at all times respect the principle of proportionality.

(31a)

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

(32)

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

(32)

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

(33)

Directive 2003/4/EC of the European Parliament and of the Council (65) guarantees the right of access to environmental information in the Member States in line with the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’). The Aarhus Convention encompasses broad obligations related both to making environmental information available upon request and actively disseminating such information. It is important that the provisions of this Directive related to access to information and data-sharing arrangements complement that Directive, by establishing the obligation to make available to the public online information on the collection and treatment of urban wastewater in a user-friendly manner, without creating a separate legal regime.

(33)

Directive 2003/4/EC of the European Parliament and of the Council (66) guarantees the right of access to environmental information in the Member States in line with the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’). The Aarhus Convention encompasses broad obligations related both to making environmental information available upon request and actively disseminating such information. It is important that the provisions of this Directive related to access to information and data-sharing arrangements complement that Directive, by establishing the obligation to make available to the public online information on the collection and treatment of urban wastewater in a user-friendly manner, without creating a separate legal regime. In ensuring that the public in the concerned area is informed of the harmful and significant contamination levels in the event of water pollution above the threshold set by the Union or the national legislation, Member States should take into account guidance by the Commission and establish public warning systems based on best-practice solutions such as the Cell Broadcast Technology.

(35)

To adapt this Directive to scientific and technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending certain parts of the Annexes with regard to the requirements for the secondary, tertiary and quaternary treatment and the requirements for specific authorisations for discharges of non-domestic wastewater into collecting systems and urban wastewater treatment plants and in respect of supplementing this Direcrive by establishing minimum reuse and recycling rates for phosphorus and nitrogen from sludge. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(35)

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

(36)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission for the adoption of standards for the design of individual systems, for the adoption of monitoring and assessment methods for the indicators of the quaternary treatment, for the establishment of common conditions and criteria for the application of the exoneration for certain products from extended producer responsibility, for establishing methodologies to support the development of integrated urban wastewater management plans and to measure antimicrobial resistance and micro-plastics in urban wastewater, and for the adoption of the format of, and modalities for, presenting the information to be provided by Member States and compiled by the EEA on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (67).

(36)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission for the adoption of standards for the design of individual systems, for the adoption of monitoring and assessment methods for the indicators of the quaternary treatment , for the establishment and updating of the list of micro-pollutants , for the establishment of common conditions and criteria for the application of the exoneration for certain products from extended producer responsibility, for establishing methodologies to support the development of integrated urban wastewater management plans and to measure antimicrobial resistance and micro-plastics in urban wastewater, and for the adoption of the format of, and modalities for, presenting the information to be provided by Member States and compiled by the EEA on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (67). The Commission should adopt a delegated act to set requirements for the monitoring of micro-plastics in urban wastewater provided for in this Directive, in accordance with the procedure referred to in this Directive, 12 months after they are added to the watch list under Directive 2022/0344 (COD).

(37a)

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

(37b)

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

(38)

Pursuant to the Interinstitutional Agreement on Better Law-Making (68), the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gained and data collected during the implementation of this Directive, on any available WHO recommendations, and on relevant scientific, analytical, and epidemiological data. In the evaluation, particular attention should be given to the possible necessity to adapt of the list of products to be covered by extended producer responsibility according to the evolution of the range of products placed on the market, the improvement of knowledge on the presence of micro-pollutants in the wastewaters and their impacts on public health and the environment, and data from the new monitoring obligations on micro-pollutants in the inlets and outlets of the urban wastewater treatment plants.

(38)

Pursuant to the Interinstitutional Agreement on Better Law-Making (68), the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gained and data collected during the implementation of this Directive, on any available WHO recommendations, and on relevant scientific, analytical, and epidemiological data. In the evaluation, particular attention should be given to the possible necessity to introduce reduction targets for greenhouse gas emissions from the wastewater treatment sector, the need to remove micro-plastics and PFAS from urban wastewater before discharge, the need to adapt of the list of products to be covered by extended producer responsibility according to the evolution of the range of products placed on the market , and to the method of eliminating and denaturing such products at the final use stage without major environmental impacts , the improvement of knowledge on the presence of micro-pollutants in the wastewaters and their impacts on public health and the environment, and data from the new monitoring and analysis obligations on micro-pollutants in the inlets and outlets of the urban wastewater treatment plants. In taking the relevant measures at Union and national level to achieve the zero pollution objective for water pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the TFEU, and the ‘do no harm’ principle of the European Green Deal.

(1)

‘urban wastewater’ means domestic wastewater, the mixture of domestic wastewater and non-domestic wastewater or the mixture of domestic wastewater and urban runoff;

(1)

‘urban wastewater’ means any of the following:

a)

domestic wastewater;

(b)

the mixture of domestic wastewater and non-domestic wastewater;

(c)

the mixture of domestic wastewater and urban runoff;

(d)

the mixture of domestic wastewater, non-domestic wastewater and urban runoff;

(3)

‘non-domestic wastewater’ means any wastewater which is discharged into collecting systems from premises used for either of the following:

(3)

‘non-domestic wastewater’ means any wastewater which is not predominantly a product of the human metabolism or household activities and is discharged into collecting systems from premises used for either of the following:

(4)

‘agglomeration’ means an area where the pollution load of urban wastewater is sufficiently concentrated ( 10 p.e. per hectare or above) for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;

(4)

‘agglomeration’ means an area where the pollution load of urban wastewater is sufficiently concentrated ( 25 p.e. per hectare or above) for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;

(5)

‘urban runoff’ means rainwater from agglomerations collected by combined or separate sewers;

(5)

‘urban runoff’ means rainwater , snow or meltwater 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;

(6)

‘storm water overflow’ means discharge of partially treated and untreated urban wastewater in receiving waters from combined sewers or from urban wastewater treatment plants  caused by excessive rainfall;

(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 (69);

(16)

‘micro-pollutant’ means a substance as defined by Regulation (EC) No 1907/2006 , including its breakdown products, that is usually present in the environment and urban wastewaters in concentrations of micrograms per litre , or below, and which can be considered hazardous to health and the environment based on the criteria set out in Part 3 and Part 4 of Annex I to Regulation Regulation (EC ) No 1272/2008  (69);

(19)

‘Producer Responsibility Organisation’ means an organisation established collectively by producers for the purpose of fulfilling their obligations under Article 9;

(19)

‘Producer Responsibility Organisation’ means an organisation established under the supervision of Member States’ competent authorities with support to enable producers to fulfil their obligations under Article 9;

(19a)

(20)

‘sanitation’ means facilities and services for the safe disposal of human urine, faeces, and menstrual blood ;

(20)

‘sanitation’ means facilities and services for the safe , hygienic, secure, and socially and culturally acceptable disposal of human urine and faeces, and for the changing and disposal of menstrual products, that provide privacy and ensures dignity ;

(21a)

(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;

(22)

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

(23)

‘plastic biomedia’ means a plastic support used for the development of the bacteria needed for the treatment of urban wastewaters;

(23)

‘plastic biomedia’ means any plastic support used for the development of bacteria , including but not limited to biocarriers, biobeads, polystyrene beads, that are  needed for the treatment of wastewaters;

(24a)

(24b)

(c)

demonstrate compliance with the minimum requirements referred to in paragraph 3 where the Commission has exercised its delegated power under that paragraph.

(ca)

demonstrate compliance with the environmental objectives established in Directive 2000/60/EC.

(a)

storm water overflow or urban runoff poses a risk to the environment or human health;

(a)

storm water overflow or urban runoff poses a risk to the environment or health in line with the One Health approach ;

(b)

storm water overflow represents more than 1 % of the annual collected urban wastewater load, calculated in dry weather conditions;

(b)

storm water overflow represents more than approximately 1 % of the annual collected urban wastewater load, calculated in dry weather conditions;

(iva)

the requirements set out in Article 1 of Directive 2008/56/EC of the European Parliament and of the Council.

(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;

(b)

provide methodologies for the determination of alternative indicators as set out in point 2 (a) of Annex V to verify whether the objective of pollution reduction referred to in that point is achieved;

(a)

82,5 % for total phosphorus and 80 % for total nitrogen by 31 December 2035;

(a)

90 % for total phosphorus and 75 % for total nitrogen by 31 December 2035;

(b)

90 % for total phosphorus and 85 % for total nitrogen by 31 December 2040.

(b)

93 % for total phosphorus and 80 % for total nitrogen by 31 December 2040. Days during which the effluent temperature falls below 12 oC are not relevant for the calculation of nitrogen removal for the purpose referred to in the first subparagraph.

(f)

areas where additional treatment is necessary to meet the requirements set out in Directives 2000/60/EC and 2008/105/EC.

(f)

areas where additional treatment is necessary to meet the requirements set out in Directives 2000/60/EC , 2006/118/EC,  2008/105/EC and 2008/56/EC;

(fa)

special areas of conservation as designated under Directive 92/43/EEC and special protection areas designated under Directive 79/409/EEC constitutive of the Natura 2000 ecological network.

(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

(a)

the full costs for complying with the requirements set out in Article 8, including the costs for the quaternary treatment (CAPEX and OPEX) of urban wastewater to remove micro-pollutants that cannot be removed by primary, secondary or tertiary treatment, 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

(c)

other costs required to exercise their extended producer responsibility.

(c)

other costs required to exercise the extended producer responsibility.

(a)

the quantity of the product they place on the market is below 2 tonnes per year;

(a)

the quantity of the product they place on the Union 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.

(b)

the products they place on the market are rapidly biodegradable in accordance with Part 4.1.2.9.5 of Annex I to Regulation (EC) No 1272/2008  (1a) in wastewaters or do not generate micro-pollutants in wastewaters at the end of their life.

(ba)

the substances in products placed on the market are rapidly biodegradable in aquatic conditions, in accordance with Part 4.1.2.9.5 of Annex I to Regulation (EC) No 1272/2008  (1a) .

(ii)

information on the hazardouness of the products referred to in point (i) in the wastewaters at the end of their life;

(ii)

information on the hazardousness of the products referred to in point (i) in the wastewaters and on their biodegradability at the end of their life;

(ca)

the financial contribution of the producers is earmarked for the costs mentioned in paragraph 1, and the treatment plant operators can access the funds according to their investment cycles and needs.

(ca)

agrees on detailed rules onburden-sharing taking into account factors such as the quantity of micro-pollutants in the product.

(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) .

(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;

(a)

by… [ 24 months after the entry into force of this Directive] 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.

(b)

by… [ 48 months after the entry into force of this Directive] 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.

(a)

50 % of the total annual energy used by such plants by 31 December 2030 ;

(a)

50 % of the total annual energy used by such plants by 31 December 2033 ;

(b)

75 % of the total annual energy used by such plants by 31 December 2035 ;

(b)

75 % of the total annual energy used by such plants by 31 December 2036 ;

(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.

(b)

allows the operators of collecting systems and urban wastewater treatment plants receiving non-domestic wastewater discharge to consult the specific authorisations in their catchment areas prior to them being granted;

(ba)

ensures that the operator that discharges the non-domestic wastewater, fulfils all of the following requirements:

(bb)

does not grant the specific authorisation when the non-domestic discharge is a risk for water bodies used for abstraction of water intended for human consumption, as defined in Article 2, point (1), of Directive (EU) 2020/2184;

(bc)

such procedures do not delay the granting of the specific authorisation unduly.

(c)

treated urban wastewater is to be reused in accordance with Regulation (EU) 2020/741;

(c)

treated urban wastewater is to be reused in accordance with Regulation (EU) 2020/741 or reused for purposes other than agricultural purposes ;

(a)

there is no risk to health or the environment, including eutrophication;

(b)

the reclaimed water complies with the requirements laid down in Regulation (EU) 2020/741;

(c)

additional monitoring of micropollutants and micro-plastics is carried out in reclaimed urban wastewater;

(d)

the minimum ecological flow of the receiving water bodies is not endangered;

(e)

there is sufficient treatment or storage capacity for all incoming urban wastewaters for periods when urban wastewater is not reused in agriculture.

(a)

identifies sets of actions needed to ensure the security, sustainability, and resilience of the Member States’ respective water resources or transboundary water resources shared with another Member State or a third country;

(b)

defines national objectives and action plans in the defined areas, as listed in point (a), including for water reuse and water saving without prejudice to Article 2 of Regulation (EU) 2020/741, taking account of climate change projections on the availability of water, where treated urban wastewater is discharged;

(c)

provides a description of the implementing measures to achieve the objectives, including the financial means associated.

(a)

alternative ways of addressing the increase in domestic wastewater loads and run off loads, including the consideration of alternative points of discharge, would not produce more environmental benefits or they would involve excessive cost;

(b)

all technically feasible mitigation measures are set out in the authorisation of a wastewater treatment plant referred to in Articles 14 and 15 and effectively implemented to minimise the impacts from urban wastewater on the affected water bodies including, where so required, more stringent emission controls, with the aim of meeting the objectives set out in Directive 2000/60/EC and the environmental quality standards set in accordance with Directive 2008/105/EC.

(f)

any other public health parameters that are considered relevant by the competent authorities of the Member States for monitoring.

(f)

any other public health parameters , such as E-Coli or legionella, that are considered relevant by the European Centre for Disease Prevention and Control (ECDC) or the competent authorities of the Member States for monitoring.

(aa)

the clear allocation of roles, responsibilities and costs among operators and relevant competent authorities, including where related to sampling and analysis;

(ab)

the specification of responsibilities of involved competent authorities, urban wastewater treatment plant operators and other relevant actors, where additional costs for sampling and analysis resulting from the obligations under this Article shall not be allocated to the urban waste water treatment plant operators;

(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;

(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, whereas the carrying out of sampling is the responsibility of the authorities responsible for urban wastewater treatment and the carrying out of analyses is the responsibility of the authorities responsible for public health. This shall take 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.

(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 , and to the drinking water companies .

(c)

the good ecological status of a water body as defined in Article 2, point (22), of Directive 2000/60/EC;

(c)

the good ecological status of a water body as defined in Article 2, point (22), the good chemical status of a surface water body as defined in Article 2, (point 24) and the good chemical status of a groundwater body as defined in Article 2, point (25) of Directive 2000/60/EC;

(da)

the good environmental status of the marine environment as defined in point 5 of Article 3 of Directive 2008/56/EC.

(–a)

(a)

establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 1 000 ;

(a)

establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 750 ;

(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 ;

(b)

applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations with a p.e. of less than 750 ;

(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;

(a)

identify categories of people without access, or with limited access, to sanitation facilities, paying special attention to 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);

(b)

assess the possibilities for and improve 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.

(c)

for all agglomerations of 5 000 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;

(ca)

encourage competent authorities to make available free sanitation facilities in public buildings, in particular in administrative buildings, and encourage the making available of sanitation facilities for all, for free or for a low service fee, in restaurants, shops and similar private spaces;

(cb)

take additional measures that they consider necessary and appropriate to ensure that there is access to sanitation for all.

(c)

the destination of the treated urban wastewater including the share of reused water;

(c)

the destination of the treated urban wastewater including the share of reused water , including monitoring that, where the treated wastewater discharges into a water body, minimal ecological flow is ensured at all times ;

(d)

the greenhouse gases produced and the energy used and produced by urban wastewater treatment plants of above 10 000 p.e.

(d)

the direct and indirect greenhouse gas emissions produced by all operational activities of the urban wastewater treatment plant and the energy used and produced by urban wastewater treatment plants of above 10 000 p.e. The monitoring shall also include detection of leaks of methane and untreated wastewater from collecting systems;

(a)

pollutants listed in:

(a)

relevant pollutants listed in:

(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;

(b)

parameters listed in Parts A and 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;

(ca)

the presence of Per- and polyfluoroalkyl substances (PFAS) and chlorothalonil in line with Directive (EU) 2020/2184 on the quality of water intended for human consumption and Directive 2008/105/EC on environmental quality standards in the field of water policy;

(b)

at least one sample every 2 years for agglomerations of between 10 000 p.e. and 100 000 p.e.

(b)

at least one sample annually for agglomerations of between 10 000 p.e. and 100 000 p.e.

(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;

(a)

by 31 December 2026 , 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;

(b)

by 31 December 2026 , 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;