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Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

Type Directive

Publication 2024-12-12

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 36

Reform history JSON API

Article 1

Subject matter

This Directive lays down rules on the collection, treatment and discharge of urban wastewater, to protect the environment and human health, in line with the One Health approach, while progressively reducing greenhouse gas (GHG) emissions to sustainable levels, improving the energy balance of urban wastewater collection and treatment activities and contributing to the transition towards a circular economy. It also lays down rules on access to sanitation for all, on transparency of the urban wastewater sector, on the regular surveillance of relevant public health parameters in urban wastewater and on the implementation of the polluter-pays principle.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

(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;

(2) ‘domestic wastewater’ means wastewater from residential settlements, services and institutions which originates predominantly from the human metabolism or from household activities, or from both;

(3) ‘non-domestic wastewater’ means wastewater, other than domestic wastewater and urban runoff, which is discharged from premises used for the exercise of a trade or industrial or economic activities;

(4) ‘agglomeration’ means an area where the population expressed in population equivalent, combined or not with economic activities, is sufficiently concentrated for urban wastewater to be collected and conducted to one or more urban wastewater treatment plants or to one or more final discharge points;

(5) ‘urban runoff’ means precipitation in agglomerations collected by combined or separate sewers;

(6) ‘storm water overflow’ means discharge of untreated urban wastewater into receiving waters from combined sewers caused by precipitation or system failures;

(7) ‘collecting system’ means a system of conduits which collects and conducts urban wastewater;

(8) ‘combined sewer’ means a single conduit that collects and conducts urban wastewater, including urban runoff;

(9) ‘separate sewer’ means a conduit that separately collects and conducts one of the following:
(a) domestic wastewater;
(b) non-domestic wastewater;
(c) a mixture of domestic and non-domestic wastewater;
(d) urban runoff;

(10) ‘1 population equivalent’ or ‘(1 p.e.)’ means the organic biodegradable load per day, having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day;

(11) ‘primary treatment’ means treatment of urban wastewater by a physical or chemical process, or both, involving settlement of suspended solids, or other processes in which the BOD5 of the incoming wastewater is reduced by at least 20 % before discharge and the total suspended solids of the incoming wastewater are reduced by at least 50 %;

(12) ‘secondary treatment’ means treatment of urban wastewater by a process generally involving biological treatment with a secondary settlement or another process which reduces biodegradable organic matter from urban wastewater;

(13) ‘tertiary treatment’ means treatment of urban wastewater by a process which reduces nitrogen or phosphorus, or both, in urban wastewater;

(14) ‘quaternary treatment’ means treatment of urban wastewater by a process which reduces a broad spectrum of micropollutants in urban wastewater;

(15) ‘sludge’ means organic and inorganic residue resulting from the treatment of urban wastewater from an urban wastewater treatment plant, excluding grit, grease, other debris and any other screenings and residues from the pre-treatment step;

(16) ‘eutrophication’ means the enrichment of water by nutrients, especially compounds of nitrogen or phosphorus, or both, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;

(17) ‘micropollutant’ means a substance as defined in Article 3(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council ([^E0001]), including its breakdown products, that is usually present in the aquatic environment, urban wastewater or sludge and that can be considered hazardous to the environment or human health on the basis of the relevant criteria set out in Parts 3 and 4 of Annex I to Regulation (EC) No 1272/2008, even in low concentrations;

(18) ‘dilution ratio’ means the ratio of the average over the last five years of annual flow of the receiving waters at the point of discharge to the average over the last five years of the annual discharge volume of urban wastewater into surface waters;

(19) ‘producer’ means any manufacturer, importer or distributor that on a professional basis places products on the market of a Member State, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council ([^E0002]);

(20) ‘producer responsibility organisation’ means a nationally recognised organisation established to enable producers to fulfil their obligations under Articles 9 and 10;

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

(22) ‘antimicrobial resistance’ means the ability of micro-organisms to survive or to grow in the presence of a concentration of an antimicrobial agent which is usually sufficient to inhibit or kill micro-organisms of the same species;

(23) ‘One Health’ means One Health as defined in Article 3, point (7), of Regulation (EU) 2022/2371 of the European Parliament and of the Council ([^E0003]);

(24) ‘public concerned’ means the public affected or likely to be affected by, or having an interest in, the taking of a decision for the implementation of the obligations laid down in Article 6, 7 or 8 of this Directive; for the purposes of this definition, non-governmental organisations promoting the protection of the environment or human health and meeting any requirements under national law are deemed to have an interest;

(25) ‘biomedia’ means any support, usually made of plastic, used for the development of the bacteria needed for the treatment of urban wastewater;

(26) ‘placing on the market’ means the first making available of a product on the market of a Member State;

(27) ‘load’ means the amount of organic biodegradable matter measured as BOD5 in urban wastewater, expressed in p.e., or of any pollutant or nutrient, expressed in mass units per time;

(28) ‘individual system’ means a sanitation facility that collects, stores, treats or disposes of domestic wastewater from buildings or parts of buildings not connected to a collecting system.

Article 3

Collecting systems and calculation of the load of an agglomeration

Member States shall ensure that all agglomerations of 2 000 p.e. and above comply with the following requirements:

(a) they are provided with collecting systems;

(b) all their sources of domestic wastewater are connected to the collecting system.

Member States shall ensure that agglomerations of 1 000 p.e. and above but below 2 000 p.e. comply with the requirements of paragraph 1 by 31 December 2035.

Member States may derogate from the deadline referred to in the first subparagraph for a maximum period of:

(a) 8 years where on 1 January 2025:
(i) less than 50 % of the agglomerations referred to in the first subparagraph are provided with collecting systems; or
(ii) less than 50 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is collected in collecting systems;

(b) 10 years where on 1 January 2025:
(i) less than 25 % of the agglomerations referred to in the first subparagraph are provided with collecting systems; or
(ii) less than 25 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is collected in collecting systems.

Bulgaria, Croatia and Romania may derogate from the deadline referred to in the first subparagraph for a maximum period of:

(a) 12 years where on 1 January 2025:
(i) less than 50 % of the agglomerations referred to in the first subparagraph are provided with collecting systems; or
(ii) less than 50 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is collected in collecting systems;

(b) 14 years where on 1 January 2025:
(i) less than 25 % of the agglomerations referred to in the first subparagraph are provided with collecting systems; or
(ii) less than 25 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is collected in collecting systems.

Where Member States derogate from the deadline referred to in the first subparagraph, they shall ensure that their first national implementation programme referred to in Article 23 includes:

(a) the number of agglomerations of 1 000 p.e. and above but below 2 000 p.e. that lack complete collecting systems on 1 January 2025; and

(b) a plan detailing the investments necessary to reach full compliance for those agglomerations within the extended deadlines; and

The extensions of the deadline referred to in the first subparagraph shall apply only if the conditions of the second or third subparagraph and of the fourth subparagraph are fulfilled. The Commission shall notify the Member States if those conditions are not fulfilled by 31 July 2028.

The load of an agglomeration expressed in p.e. shall be calculated on the basis of the maximum average weekly load generated in that agglomeration during the year, excluding unusual weather situations such as those due to heavy rain.

Collecting systems shall fulfil the requirements of Part A of Annex I.

Article 4

Individual systems

Member States may derogate from Article 3 only if the establishment of a collecting system or the connection to a collecting system is not justified because it would produce no environmental or human health benefit, is not technically feasible or would involve excessive cost. If derogating from Article 3, Member States shall ensure that individual systems for the collection, storage and when applicable, treatment of urban wastewater are used in agglomerations of 1 000 p.e. and above, or part of those agglomerations.

Member States shall ensure that the individual systems referred to in paragraph 1 are designed, operated and maintained in a manner that achieves the same level of environmental and human health protection as the secondary and tertiary treatments referred to in Articles 6 and 7.

Member States shall ensure that individual systems that are used in agglomerations of 1 000 p.e. and above are registered in a registry. Member States shall ensure that regular inspections of those systems, or regular checks or controls of those systems by other means, are carried out by the competent authority or any other body authorised at national, regional or local level, on the basis of a risk-based approach.

The Commission is empowered to adopt implementing acts to specify minimum requirements for:

(a) the design, operation and maintenance of individual systems referred to in paragraphs 1 and 2; and

(b) the regular inspections referred to in paragraph 3, including the establishment of a minimum frequency for such inspections depending on the type of individual system, and based on a risk-based approach.

Those implementing acts shall be adopted by 2 January 2028 in accordance with the examination procedure referred to in Article 28(2).

The requirements related to design referred to in paragraph 2 and this paragraph shall not apply to individual systems referred to in paragraph 1 which were established before 1 January 2025.

Member States that use individual systems to collect and/or treat more than 2 % of the urban wastewater load at national level from agglomerations of 2 000 p.e. and above shall provide the Commission with a justification for the use of individual systems. That justification shall:

(a) demonstrate that the conditions for using individual systems set out in paragraph 1 are fulfilled;

(b) describe the measures taken in accordance with paragraphs 2 and 3;

(c) demonstrate compliance with the minimum requirements referred to in paragraph 4 where the Commission has exercised its implementing powers under that paragraph;

(d) demonstrate that the use of the individual systems does not prevent Member States from complying with the environmental objectives established in Article 4 of Directive 2000/60/EC.

The Commission is empowered to adopt implementing acts establishing the format for submitting the information referred to in paragraph 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 5

Integrated urban wastewater management plans

By 31 December 2033, Member States shall ensure that an integrated urban wastewater management plan is established for drainage areas of agglomerations of 100 000 p.e. and above.

At the latest six months after the first update of the river basin management plan produced pursuant to Article 13(7) of Directive 2000/60/EC following 1 January 2025 but no later than 22 June 2028, Member States shall establish a list of agglomerations of between 10 000 p.e. and 100 000 p.e. where, considering historic data, modelling and state-of-the-art climate projections, including seasonal variations, as well as the anthropogenic pressures and the assessment of impacts undertaken under the river basin management plan, one or more of the following conditions apply:

(a) storm water overflow poses a risk to the environment or human health;

(b) storm water overflow represents more than 2 % of the annual collected urban wastewater load of the parameters referred to in Table 1 and, where relevant, Table 2 of Annex I, calculated in dry weather flow;

(c) storm water overflow prevents the fulfilment of any of the following:
(i) the requirements established under Article 5 of Directive (EU) 2020/2184;
(ii) the requirements set out in Article 5(3) of Directive 2006/7/EC;
(iii) the requirements set out in Article 3 of Directive 2008/105/EC of the European Parliament and of the Council ([^E0004]);
(iv) the environmental objectives set out in Article 4 of Directive 2000/60/EC;
(v) the requirements set out in Article 1 of Directive 2008/56/EC;
(vi) the requirements established under Article 3 of Directive 2006/118/EC of the European Parliament and of the Council ([^E0005]);

(d) relevant points in separate sewers have been identified where urban runoff is expected to be polluted in such a way that its discharge into receiving waters can be considered to be a risk to the environment or human health or prevents the fulfilment of any of the requirements or environmental objectives referred to in point (c).

Member States shall review the list referred to in the first subparagraph every six years after its establishment and update it where necessary.

By 31 December 2039, Member States shall ensure that an integrated urban wastewater management plan is established for drainage areas of agglomerations referred to in paragraph 2.

Integrated urban wastewater management plans shall be made available to the Commission on request.

Integrated urban wastewater management plans shall include at least the elements set out in Annex V, and prioritise green and blue infrastructure solutions wherever possible.

The Commission is empowered to adopt implementing acts to specify:

(a) methodologies for the identification of the measures referred to in point 3 of Annex V;

(b) methodologies for the determination of alternative indicators to verify whether the indicative objective of pollution reduction referred to in point 2 (a) of Annex V is achieved;

(c) the format in which integrated urban wastewater management plans are to be made available to the Commission where requested in accordance with paragraph 4.

Those implementing acts shall be adopted by 2 January 2028 in accordance with the examination procedure referred to in Article 28(2).

Member States shall ensure that integrated urban wastewater management plans are reviewed at least every six years after their establishment and updated where necessary. Following an update of the list referred to in paragraph 2, Member States shall ensure that integrated management plans are established for agglomerations within six years of their inclusion in that list.

Article 6

Secondary treatment

Member States shall ensure that discharges from urban wastewater treatment plants treating urban wastewater from agglomerations of 2 000 p.e. and above satisfy, before being discharged into receiving waters, the relevant requirements of secondary treatment set out in Part B and Table 1 of Annex I in accordance with the methods for monitoring and evaluation of results laid down in Part C of Annex I. Without prejudice to the possibility of using alternative methods as referred to in Part C, point 1, of Annex I, the maximum permitted number of samples which fail to conform to the parametric values of Part B and Table 1 of Annex I is set out in Part C and Table 4 of Annex I.

For agglomerations of 2 000 p.e. and above but below 10 000 p.e. which are discharging into coastal waters as defined under Directive 2000/60/EC and which apply appropriate treatment in accordance with Article 7 of Directive 91/271/EEC on 1 January 2025, the obligation set out in the first subparagraph shall not apply until 31 December 2037.

For agglomerations discharging urban wastewater into less sensitive areas as referred to in Article 6(1) of Directive 91/271/EEC on 1 January 2025, the obligations set out in paragraph 1, first subparagraph, shall apply on 31 December 2037.

By 31 December 2035, Member States shall ensure that discharges from urban wastewater treatment plants treating urban wastewater from agglomerations of 1 000 p.e. and above but below 2 000 p.e. satisfy, before being discharged into receiving waters, the relevant requirements of secondary treatment set out in Part B and Table 1 of Annex I in accordance with the methods for monitoring and evaluation of results laid down in Part C of Annex I. Without prejudice to the possibility of using alternative methods as referred to in Part C, point 1, of Annex I, the maximum permitted number of samples which fail to conform to the parametric values of Part B and Table 1 of Annex I is set out in Part C and Table 4 of Annex I.

Member States may derogate from the deadline referred to in the first subparagraph for a maximum period of:

(a) 8 years where on 1 January 2025:
(i) in less than 50 % of the agglomerations referred to in the first subparagraph the urban wastewater discharges are subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I; or
(ii) less than 50 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I;

(b) 10 years where on 1 January 2025:
(i) in less than 25 % of the agglomerations referred to in the first subparagraph the urban wastewater discharges are subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I; or
(ii) less than 25 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I.

Bulgaria, Croatia and Romania may derogate from the deadline referred to in the first subparagraph for a maximum period of:

(a) 12 years where on 1 January 2025,
(i) in less than 50 % of the agglomerations referred to in the first subparagraph the urban wastewater discharges are subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I; or
(ii) less than 50 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I;

(b) 14 years where on 1 January 2025
(i) in less than 25 % of the agglomerations referred to in the first subparagraph the urban wastewater discharges are subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I; or
(ii) less than 25 % of the urban wastewater load of the agglomerations referred to in the first subparagraph is subject to secondary treatment on their territory, in accordance with Part B and Table 1 of Annex I.

Where Member States derogate from the deadline referred to in the first subparagraph, they shall ensure that their first national implementation programme referred to in Article 23 includes:

(a) the number of agglomerations of 1 000 p.e. and above but below 2 000 p.e. that lack secondary treatment on 1 January 2025;

(b) a plan detailing the investments necessary to reach full compliance for those agglomerations within the extended deadlines; and

The extensions of the deadline referred to in the first subparagraph shall apply only if the conditions of the second or third subparagraph and the fourth subparagraph are fulfilled. The Commission shall notify the Member States if those conditions are not fulfilled by 31 July 2028.

Urban wastewater discharges may be subject to treatment less stringent than that prescribed in paragraphs 1 and 3 until 31 December 2045 where they are discharged into:

(a) waters situated in high mountain regions, namely above an altitude of 1 500 m, where it is difficult to apply an effective biological treatment due to low temperatures;

(b) deep marine waters where such discharges of urban wastewater are from agglomerations of below 150 000 p.e. in less-populated outermost regions within the meaning of Article 349 TFEU in which the topography and geography of the territory makes it difficult to apply an effective biological treatment; or

(c) urban wastewater from small agglomerations of 1 000 p.e. and above but below 2 000 p.e. situated in regions with a cold climate where it is difficult to apply an effective biological treatment due to low temperatures if the average quarterly water temperature of the inlet is below 6 ^oC.

The conditions to apply the first subparagraph are that Member States concerned provide the Commission with detailed studies demonstrating that such discharges do not adversely affect the environment and human health and they do not prevent the receiving waters from meeting the relevant quality objectives and the relevant provisions of other relevant Union law.

The load expressed in p.e. shall be calculated on the basis of the maximum average weekly load entering the urban wastewater treatment plant during the year, excluding unusual weather situations such as those due to heavy rain.

Article 7

Tertiary treatment

Member States shall ensure that discharges from urban wastewater treatment plants treating urban wastewater with a load of 150 000 p.e. and above and not applying tertiary treatment on 1 January 2025 satisfy, before being discharged into receiving waters, the relevant requirements of tertiary treatment in accordance with Part B and Table 2 of Annex I by:

(a) 31 December 2033 for discharges from 30 % of those urban wastewater treatment plants;

(b) 31 December 2036 for discharges from 70 % of those urban wastewater treatment plants.

By 31 December 2039, Member States shall ensure that all discharges from urban wastewater treatment plants treating urban wastewater with a load of 150 000 p.e. and above satisfy, before being discharged into receiving waters, the relevant requirements of tertiary treatment referred to in Part B and Table 2 of Annex I.

By 31 December 2027, Member States shall establish and publish a list of areas on their territory that are sensitive to eutrophication. They shall include with that list information on whether the areas are phosphorus- or nitrogen-sensitive or both. They shall update that list every six years starting on 31 December 2033.

The list referred to in the first subparagraph shall include the areas identified in Annex II.

The requirement set out in the first subparagraph shall not apply where a Member State implements tertiary treatment in accordance with paragraph 5 in its entire territory.

Without prejudice to paragraph 1, Member States shall ensure that discharges from urban wastewater treatment plants treating urban wastewater from agglomerations of 10 000 p.e. and above satisfy, before being discharged into areas included in the list referred to in paragraph 2, the relevant requirements of tertiary treatment set out in Part B and Table 2 of Annex I by:

(a) 31 December 2033 for 20 % of those agglomerations;

(b) 31 December 2036 for 40 % of those agglomerations;

(d) 31 December 2045 for all of those agglomerations.

Member States may derogate from the deadline referred to in paragraph 3, point (d), for a maximum of eight years on condition that:

(a) at least 50 % of the agglomerations concerned are not applying tertiary treatment in accordance with the requirements set out in Directive 91/271/EEC or do not meet the requirements of Part B and Table 2 of Annex I to that Directive on 1 January 2025; and

(b) the first national implementation programme submitted under Article 23(2) includes:
(i) the number of agglomerations referred to in paragraph 3 lacking tertiary treatment in accordance with the requirements set out in Directive 91/271/EEC or not meeting the requirements of Part B and Table 2 of Annex I to that Directive on 1 January 2025;
(ii) a plan detailing the investments necessary to reach full compliance for those agglomerations within the extended deadline; and
(iii) the technical or economic reasons justifying the extension of the deadline referred to in paragraph 3, point (d).

The extension of the deadline referred to in this paragraph shall be effective only if the conditions of the first subparagraph are fulfilled. The Commission shall notify the Member States if those conditions are not fulfilled by 31 July 2028. However, urban wastewater treatment plants treating a load of 150 000 p.e. and above shall meet the deadlines set in paragraph 1.

Discharges of urban wastewater referred to in paragraphs 1 and 3 shall meet the relevant requirements in Part B and Table 2 of Annex I in accordance with the methods for monitoring and evaluation of results laid down in Part C of Annex I. The annual mean of the samples for each parameter referred to in Table 2 of Annex I shall conform to the relevant parametric values set out in that table.

For urban wastewater treatment plants that are under construction, under major refurbishment as regards their tertiary treatment or were commissioned after 31 December 2020 and before 1 January 2025, the requirements relating to the nitrogen parameter as referred to in this Article shall apply at the latest five years from the deadlines established in paragraphs 1 and 3.

The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend Part C of Annex I in order to adapt the methods for monitoring and evaluation of results in relation to tertiary treatment to scientific and technical progress.

By way of derogation from paragraphs 3 and 5, Member States may decide that an individual urban wastewater treatment plant situated in an area included in the list referred to in paragraph 2 is not to be subject to the requirements set out in paragraphs 3 and 5 where it can be shown that the minimum percentage of reduction of the overall load entering all urban wastewater treatment plants in that area is:

(a) at least 75 % for total phosphorus and at least 75 % for total nitrogen from 1 January 2025;

(b) 82,5 % for total phosphorus and 80 % for total nitrogen by 31 December 2039;

Discharges from urban wastewater treatment plants of 10 000 p.e. and above into a catchment area of an area sensitive to eutrophication included in the list referred to in paragraph 2 shall also be subject to paragraphs 3, 5 and 8.

10.

Member States shall ensure that discharges from urban wastewater treatment plants which are situated in an area included in the list referred to in paragraph 2 following one of the regular updates of the list required by that paragraph fulfil the requirements laid down in paragraphs 3 and 5 within seven years of the inclusion in that list.

11.

Where the number of urban wastewater treatment plants that need to be upgraded to meet the objectives referred to in paragraphs 1 and 3 at national level is not an integer, the number of urban wastewater treatment plants shall be rounded to the nearest integer. In the case of equidistance between two integers, the number shall be rounded down.

Article 8

Quaternary treatment

Member States shall ensure that discharges from urban wastewater treatment plants treating urban wastewater with a load of 150 000 p.e. and above satisfy, before being discharged into receiving waters, the relevant requirements of quaternary treatment set out in Part B and Table 3 of Annex I in accordance with the methods of monitoring and evaluation of results laid down in Part C of Annex I by:

(a) 31 December 2033 for discharges from 20 % of those urban wastewater treatment plants;

(b) 31 December 2039 for discharges from 60 % of those urban wastewater treatment plants;

The maximum permitted number of samples which fail to conform to the parametric values of Table 3 of Annex I is set out in Part C and Table 4 of Annex I.

By 31 December 2030, Member States shall have established a list of areas on their national territory where the concentration or the accumulation of micropollutants from urban wastewater treatment plants represents a risk for the environment or human health. Member States shall review that list in 2033, and thereafter every six years and update it if necessary.

The list referred to in the first subparagraph shall include the following areas:

(a) catchment areas for abstraction points of water intended for human consumption as characterised in accordance with Article 8(2), point (a), of Directive (EU) 2020/2184 unless the risk assessment in accordance with Article 8(2), point (b), of that Directive indicates that the discharge of micropollutants from urban wastewater treatment plants does not constitute a potential risk that might cause a deterioration of the water quality to the extent that it could constitute a risk to human health;

(b) bathing water falling within the scope of Directive 2006/7/EC unless the bathing water profile referred to in Article 6 of and Annex III to that Directive indicates that the discharge of micropollutants from urban wastewater neither affects bathing waters nor impairs bathers’ health;

(c) areas where aquaculture activities, as defined in Article 4, point (25), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0006]), take place unless the competent national authorities are satisfied that the discharge of micropollutants from urban wastewater cannot affect the safety of the foodstuff in its finished form.

The list referred to in the first subparagraph shall also include the following areas on the basis of an assessment of the risks for the environment or human health posed by the discharge of micropollutants in urban wastewater:

(a) lakes as defined in Article 2, point (5), of Directive 2000/60/EC;

(b) rivers as defined in Article 2, point (4), of Directive 2000/60/EC or other water streams where the dilution ratio is below 10;

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

(d) special areas of conservation as defined in Article 1, point (l), of Council Directive 92/43/EEC ([^E0007]) and special protection areas classified under Article 4(1), fourth subparagraph, of Directive 2009/147/EC of the European Parliament and of the Council ([^E0008]) which form part of the Natura 2000 ecological network;

(e) coastal waters as defined in Article 2, point (7), of Directive 2000/60/EC;

(f) transitional waters as defined in Article 2, point (6), of Directive 2000/60/EC;

(g) marine waters as defined in Article 3, point (1), of Directive 2008/56/EC.

The risk assessment referred to in the third subparagraph shall be communicated to the Commission on request.

The Commission is empowered to adopt implementing acts establishing the format of the risk assessment referred to in paragraph 2, third subparagraph, and the method to be used for that risk assessment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Without prejudice to paragraph 1, Member States shall ensure that discharges of urban wastewater from agglomerations of 10 000 p.e. and above satisfy, before being discharged into areas included in the list referred to in paragraph 2, the relevant requirements of quaternary treatment set out in Part B and Table 3 of Annex I in accordance with the methods of monitoring and evaluation of results laid down in Part C of Annex I by:

(a) 31 December 2033 for 10 % of those agglomerations;

(b) 31 December 2036 for 30 % of those agglomerations;

(d) 31 December 2045 for 100 % of those agglomerations.

The maximum permitted number of samples which fail to conform to the parametric values of Table 3 of Annex I is set out in Part C and Table 4 of Annex I.

The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend Part C of Annex I in order to adapt the methods for monitoring and evaluation of results in relation to quaternary treatment to scientific and technical progress.

Member States shall ensure that discharges of urban wastewater from urban wastewater treatment plants which are situated in an area included in the list referred to in paragraph 2, following one of the regular updates of that list required by that paragraph, fulfil the requirements laid down in paragraph 4 and in Part B and Table 3 of Annex I within seven years of the inclusion in that list, but not later than the deadlines set out in paragraph 4.

The Commission may adopt implementing acts to establish the monitoring and sampling methods to be used by the Member States to determine the presence and quantities in urban wastewater of the indicators set out in Table 3 of Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Where the number of urban wastewater treatment plants that need to be upgraded to meet the objectives referred to in paragraph 1, first subparagraph, points (a) and (b), at national level is not an integer, the number of urban wastewater treatment plants shall be rounded to the nearest integer. In the case of equidistance between two integers, the number shall be rounded down.

Without prejudice to the other provisions of this Article, to ensure that the reuse of treated urban wastewater is safe for the environment and human health, Member States shall ensure that, where appropriate, urban wastewater that is reused or planned to be reused is treated in accordance with the requirements for quaternary treatment set out in Part B and Table 3 of Annex I. Member States shall ensure that the outcome of the risk assessments carried out under Regulation (EU) 2020/741 is taken into account where treated urban wastewater is reused for agricultural purposes.

Article 9

Extended producer responsibility

Member States shall take measures to ensure that by 31 December 2028, producers who place any of the products listed in Annex III on the market have extended producer responsibility.

Such measures shall ensure that those producers cover:

(a) at least 80 % of the full costs for complying with the requirements set out in Article 8, including the investment and operational costs for the quaternary treatment of urban wastewater to remove micropollutants resulting from the products they place on the market and from the residues of those products, and for the monitoring of micropollutants referred to in Article 21(1), point (a);

(b) the costs for gathering and verifying data on products placed on the market; and

Member States shall exempt producers from their extended producer responsibility under paragraph 1 where the producers can demonstrate any of the following:

(a) the quantity of the substances contained in the products they place on the Union market is below 1 tonne per year;

(b) the substances contained in the products they place on the market are rapidly biodegradable in wastewater or do not generate micropollutants in wastewater at the end of their life.

Member States shall ensure that the producers referred to in paragraph 1 exercise their extended producer responsibility collectively through an organisation that fulfils the minimum requirements set out in Article 10.

Member States shall ensure that:

(a) those producers are required to provide the producer responsibility organisations once a year with the following:
(i) the annual quantities of the substances contained in products listed in Annex III that they place on the market in the context of their professional activity;
(ii) information on the hazardousness of the substances contained in products referred to in point (i) in the urban wastewater and on their biodegradability at the end of their life;
(iii) when relevant, a list of products exempted in accordance with paragraph 2;

(b) those producers are required to contribute financially to the producer responsibility organisations in order to cover the costs arising from their extended producer responsibility;

(c) each producer’s contribution, as referred to in point (b), is determined on the basis of the quantities and hazardousness in the urban wastewater of the substances contained in the products that are placed on the market;

(d) producer responsibility organisations are subject to annual independent audits of their financial management, including their capacity to cover the costs referred to in paragraph 1, the quality and adequacy of the information collected under point (a) and the adequacy of the contributions collected under point (b);

(e) the measures necessary to inform consumers about waste prevention measures, take-back and collection systems, and the impact of inappropriate means of waste disposal of the products listed in Annex III, as well as their mis- and over-use, on the collection, treatment and discharge of urban wastewater are taken.

Member States shall ensure that:

(a) the roles and responsibilities of all relevant actors involved, including the producers referred to in paragraph 1, producer responsibility organisations, private or public operators of urban wastewater treatment plants and local competent authorities, are clearly defined;

(b) urban wastewater management objectives are established in order to comply with the requirements and deadlines set under Article 8(1), (4) and (5) and any other quantitative or qualitative objectives that are considered relevant for the implementation of the extended producer responsibility;

(c) a reporting system is in place to gather data on the products referred to in paragraph 1 placed on the market by the producers and data on the quaternary treatment of urban wastewater, as well as other data relevant for the purposes of point (b) of this paragraph;

(d) competent authorities communicate and exchange the necessary data with other relevant competent authorities on a regular basis in order to fulfil the requirements of this Article and of Article 10.

The Commission is empowered to adopt implementing acts to establish detailed criteria on the uniform application of the condition laid down in paragraph 2, point (b), to specific categories of product and their biodegradability or hazardousness. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2) no later than 31 December 2027.

Article 10

Minimum requirements for producer responsibility organisations

Member States shall take the measures necessary to ensure that any producer responsibility organisation established under Article 9(3):

(a) has a clearly defined geographical coverage that is consistent with the requirements set out in Article 8;

(b) has the financial and organisational means necessary to meet the extended producer responsibility obligations of the producers, including financial guarantees to ensure the continuity of the quaternary treatment of urban wastewater in accordance with Article 8 in all circumstances;

(c) makes publicly available information about:
(i) its ownership and membership;
(ii) the financial contributions paid by producers in line with the requirements referred to in Article 9(3), second subparagraph, point (c);
(iii) the activities that it undertakes every year, including clear information on how its financial means are used.

Member States shall ensure that such measures include a national recognition procedure certifying the compliance of the producer responsibility organisations with the requirements set out in this paragraph prior to their effective establishment and operation.

The provision of information to the public under this Article shall be without prejudice to preserving the confidentiality of business information in accordance with relevant Union and national law.

Member States shall establish an adequate monitoring and enforcement framework to ensure that producer responsibility organisations fulfil their obligations in a transparent manner, that the financial means of producer responsibility organisations are properly used and that all actors having extended producer responsibility report reliable data to the competent authorities and, when requested, to the producer responsibility organisations.

Where, in the territory of a Member State, there are multiple producer responsibility organisations, the Member State concerned shall appoint at least one body independent of private interests or entrust a public authority to oversee the implementation of Article 9.

A Member State shall ensure that the producers established on the territory of another Member State or in a third country, and placing products on that Member State’s market:

(a) appoint a legal or natural person established on its territory as an authorised representative for the purpose of fulfilling the extended producer responsibility obligations on its territory; or

(b) take measures equivalent to point (a).

To ensure that the extended producer responsibility system is implemented as optimally as possible, in particular from a cost-benefit perspective, Member States shall organise regular dialogues on its implementation. This may include support for identifying measures to be taken by the competent authorities to inter alia:

(a) reduce micropollutant pressure at source, and

(b) determine the most appropriate technologies for quaternary treatment.

Member States shall ensure that those dialogues involve relevant stakeholders and, where relevant, associations of stakeholders involved in the implementation of extended producer responsibility, including producers and distributors, producer responsibility organisations, private or public operators of urban wastewater treatment plants, local authorities and civil society organisations.

By 1 January 2025, the Commission shall provide for the organisation of exchange of information, experience and best practices between Member States on the implementation of Article 9 and this Article and in particular on:

(a) the measures to control the establishment, the recognition and functioning of producer responsibility organisations;

(b) the measures to control the compliance of producers with their obligations defined in this Directive;

(c) the effective implementation of:
(i) the coverage of the costs as referred to in Article 9(1), and
(ii) the controls on the methods of calculation of producers’ contributions by the producer responsibility organisation as referred to in Article 9(3), point (c);

(d) the exemptions provided for in Article 9(2);

(e) any other issue in relation to the effective implementation of Article 9 and this Article;

(f) the possible impacts of the application of the requirements referred to in Article 9 on the accessibility, availability and affordability of medicines placed on the Union market.

The Commission shall publish the results of the exchange of information, experience and best practices on those and other relevant aspects and, where relevant, provide recommendations or guidelines, or both, to Member States.

On the basis of the information provided by Member States, the Commission shall establish and regularly update a list of the requests for exemption received by Member States from producers under Article 9(2). That list shall be made available on request to the competent authorities of the Member States.

Article 11

Energy neutrality

Member States shall ensure that energy audits, as defined in Article 2, point (32), of Directive (EU) 2023/1791, of urban wastewater treatment plants and collecting systems in operation are carried out every four years. Those audits shall include an identification of the potential for cost-effective measures to reduce the use of energy and enhance the use and production of renewable energy, with a particular focus on identifying and utilising the potential for biogas production or the recovery and use of waste heat either on-site or via a district energy system, while reducing GHG emissions. The first energy audits shall be carried out:

(a) by 31 December 2028 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 2032 for urban wastewater treatment plants treating a load of 10 000 p.e. and above but below 100 000 p.e. and the collecting systems connected to them.

Member States shall ensure that, at national level, the total annual energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, generated on-site or off-site by or on behalf of the owners or the operators of urban wastewater treatment plants treating a load of 10 000 p.e. and above, and irrespective of whether that energy is used on-site or off-site by the owners or operators of those plants, is equivalent to at least:

(a) 20 % of the total annual energy used by such plants by 31 December 2030;

(b) 40 % of the total annual energy used by such plants by 31 December 2035;

(d) 100 % of the total annual energy used by such plants by 31 December 2045.

Renewable energy generated by or on behalf of the owners or operators of the urban wastewater treatment plant shall not comprise purchased renewable energy.

By way of derogation from paragraph 2, if a Member State does not reach the objective referred to in paragraph 2, point (d), despite having implemented all energy efficiency measures and all measures necessary to enhance the production of renewable energy, in particular those identified in the energy audits referred to in paragraph 1, Member States may exceptionally allow the purchase of energy from non-fossil fuel sources. Those purchases shall be limited to a maximum of 35 % of non-fossil fuel energy in relation to the objective referred to in paragraph 2, point (d).

By way of derogation from paragraph 2, if a Member State does not reach the objective referred to in paragraph 2, point (c), despite having implemented all energy efficiency measures and all measures to enhance the production of renewable energy, in particular those identified in the energy audits referred to in paragraph 1, Member States may exceptionally allow the purchase of energy from non-fossil fuel sources. Those purchases shall be limited to a maximum of 5 percentage points of the objective referred to in paragraph 2, point (c). That derogation shall be granted only to Member States that can demonstrate by 31 December 2040 that 35 % of external non-fossil fuel energy as referred to in paragraph 3 will need to be purchased to reach the objective referred to in paragraph 2, point (d), taking into account all energy efficiency measures and all measures necessary to enhance the production of renewable energy, in particular those identified in the energy audits referred to in paragraph 1.

The Commission may adopt an implementing act for establishing the methods to assess whether the objectives in paragraph 2 have been met. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 12

Transboundary cooperation

Without prejudice to relevant existing international agreements or arrangements on environmental water issues, where waters within the area of jurisdiction of a Member State are adversely affected by discharges of urban wastewater from another Member State or third-country, the Member State whose waters are affected shall notify the other Member State or the third country and the Commission of the relevant facts.

That notification shall be immediate in the case of pollution that could significantly affect downstream water bodies. In the event of any discharge affecting health or the environment in another Member State, the Member State in whose territory the discharge has occurred shall ensure that the competent authority of the other Member State and the Commission are immediately informed.

Member States shall respond to each other in a timely manner, according to the type, importance and possible consequences of the incident, after the notification by another Member State in accordance with paragraph 1.

The Member States concerned shall cooperate in order to identify the discharges in question and the measures to be taken at source to protect the waters that are affected in order to ensure conformity with this Directive.

The Member States concerned shall inform the Commission of any cooperation referred to in paragraph 1. The Commission shall participate in such cooperation at the request of the Member States concerned.

Article 13

Local climatic conditions

Member States shall ensure that the urban wastewater treatment plants built to comply with the requirements set out in Articles 6, 7 and 8 are designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions. Without prejudice to measures taken under Article 13(1) of Directive (EU) 2022/2557, seasonal variations of the load and the vulnerability to climate change shall be assessed and taken into account when designing, constructing and operating the urban wastewater treatment plants and collecting systems.

Article 14

Discharges of non-domestic wastewater

Member States shall ensure that the discharges of non-domestic wastewater into collecting systems and urban wastewater treatment plants are subject to prior regulations or specific authorisations, or both, by the competent authority or appropriate body.

In the case of specific authorisations for discharges into collecting systems and urban wastewater treatment plants, Member States shall ensure that the competent authority:

(a) consults and informs the operators of collecting systems and urban wastewater treatment plants into which the non-domestic wastewater is discharged before granting those specific authorisations;

(b) on request, allows the operators of collecting systems and urban wastewater treatment plants receiving non-domestic wastewater discharges to consult those specific authorisations in their catchment areas, preferably prior to their being granted.

In the case of prior regulations for discharges into collecting systems and urban wastewater treatment plants, Member States shall ensure that the operators of collecting systems and urban wastewater treatment plants into which the non-domestic wastewater is discharged are consulted before those prior regulations are adopted.

Prior regulations and specific authorisations as referred to in paragraph 1 shall ensure that:

(a) the water quality requirements set out in other Union law, including Directives 2000/60/EC and 2008/105/EC, are fulfilled, and that, where applicable, the quality and quantity of relevant discharges of non-domestic wastewater are monitored; in particular, that the pollutant load in the discharges from the urban wastewater treatment plant does not lead to a deterioration in the status of the receiving water body and does not prevent that water body from achieving such status, in accordance with the objectives set out in Article 4 of Directive 2000/60/EC;

(b) the released polluting substances do not impede the operation of the urban wastewater treatment plant, do not damage collecting systems, urban wastewater treatment plants or associated equipment, and do not limit any capacity to recover resources, including the reuse of treated water and the recovery of nutrients or other material from urban wastewater or sludge;

(c) the released polluting substances do not harm the health of the staff working in collecting systems and urban wastewater treatment plants;

(d) the urban wastewater treatment plant is designed and equipped to abate the released polluting substances;

(e) where an urban wastewater treatment plant treats discharges from an installation holding a permit referred to in Article 4 of Directive 2010/75/EU of the European Parliament and of the Council ([^E0009]), the pollutant load from the discharges of that plant does not exceed the pollutant load that would be discharged if the discharges were released directly from the installation and were compliant with the emission limit values applicable in accordance with this Directive.

Member States shall ensure that, for the discharge of non-domestic wastewater into collecting systems and urban wastewater treatment plants that discharge into catchment areas for abstraction points of water intended for human consumption, no specific authorisation is granted or no prior regulation allows such a discharge of non-domestic wastewater without taking into account the risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption as referred to in Article 8 of Directive (EU) 2020/2184 and the risk management measures taken pursuant to that Article.

Member States shall ensure that competent authorities or appropriate bodies take the appropriate measures, including a review of and, where necessary, the revocation of prior regulations and specific authorisations as referred to in paragraph 1, to identify, prevent and reduce as far as possible the sources of pollution in non-domestic wastewater referred to in paragraph 1 of this Article where any of the following situations arise:

(a) pollutants have been identified at the inlets and outlets of the urban wastewater treatment plant under the monitoring of Article 21(3);

(b) sludge arising from urban wastewater treatment is to be used in accordance with Council Directive 86/278/EEC ([^E0010]);

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

(d) the receiving waters are used for abstraction of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;

(e) the pollution of the non-domestic wastewater discharged into the collecting system, or the urban wastewater treatment plant poses a risk to the operation of that system or plant.

Prior regulations and specific authorisations as referred to in paragraph 1 shall fulfil the requirements set out in paragraph 2. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend requirements referred to in paragraph 2 in order to adapt it to technical and scientific progress in the field of environmental protection.

The specific authorisations referred to in paragraph 1 shall be reviewed and, where necessary, adapted at least every ten years.

Prior regulations as referred to in paragraph 1 shall be reviewed at regular intervals and, where necessary, adapted.

If the characteristics of the non-domestic wastewater, the urban wastewater treatment plant or the receiving water body change significantly, the specific authorisations shall be reviewed and adapted to those changes.

Article 15

Water reuse and discharges of urban wastewater

Member States shall systematically promote the reuse of treated wastewater from all urban wastewater treatment plants where appropriate, especially in water-stressed areas, and for all appropriate purposes. The potential for the reuse of treated wastewater shall be assessed in a manner that takes into account the river basin management plans established under Directive 2000/60/EC (‘river basin management plans’) and Member States’ decisions under Article 2(2) of Regulation (EU) 2020/741. Member States shall ensure that, when treated urban wastewater is reused or if the reuse is planned, it does not endanger the ecological flow of the receiving waters and there is no adverse effect for the environment or human health. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements of Regulation (EU) 2020/741. Where strategies on water resilience at Member State level are available, measures on promoting the reuse of treated wastewater and on the reuse itself shall be considered in those strategies.

Where treated urban wastewater is reused for agricultural irrigation, Member States may derogate from the requirements for tertiary treatment in Part B and Table 2 of Annex I, for the fraction of treated urban wastewater that is exclusively destined for reuse in agricultural irrigation, where all of the following can be demonstrated:

(a) the nutrient content in the fraction reused does not exceed the nutrient demand of the targeted crops;

(b) there are no risks for the environment, particularly in relation to eutrophication of the waters in the same catchment area;

(d) the urban wastewater treatment plant has enough capacity to treat or store urban wastewater, in order to avoid discharges into receiving waters of urban wastewater which do not meet the requirements set out in Part B and Table 2 of Annex I in accordance with the methods for monitoring and evaluation of results laid down in Part C of Annex I.

Member States shall ensure that at least all discharges from urban wastewater treatment plants of 1 000 p.e. and above are subject to prior regulations or specific authorisations, or both. Such regulations and specific authorisations shall ensure that the requirements set out in Part B of Annex I are fulfilled.

Prior regulations and specific authorisations as referred to in paragraph 2 shall be reviewed at least every ten years and, if necessary, adapted. The provisions of the specific authorisations shall be updated in the cases where the characteristics of incoming urban wastewater or the discharges from the urban wastewater treatment plant or of the receiving water body change significantly, to ensure that the requirements set out in Part B of Annex I remain fulfilled.

Member States shall take all measures necessary to adapt their urban wastewater collection and treatment infrastructure to address increased loads of domestic wastewater, including the construction of new infrastructure where necessary.

When taking measures as referred to in the first subparagraph, Member States shall be considered to comply with the environmental objectives set out in Article 4 of Directive 2000/60/EC if all the following conditions are met:

(a) the construction or expansion of an urban wastewater treatment plant to treat increased loads or otherwise untreated loads of domestic wastewater is subject to prior authorisation in accordance with this Directive;

(b) the benefits of the urban wastewater treatment plant in point (a) cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, including the consideration of alternative points of discharge of urban wastewater plants, that would contribute to achieving the environmental objectives set out in Article 4 of Directive 2000/60/EC;

(c) all technically feasible mitigating measures are taken to minimise the negative impacts of the urban wastewater treatment plant on the water bodies affected and are set out in the specific authorisations referred to in Article 14 of this Directive and this Article; those measures shall include, where required, treatment requirements more stringent than those applied prior to the increase in the domestic wastewater load, in order to meet the requirements of the Directives referred to in Part B, point 6, of Annex I to this Directive;

(d) all technically feasible mitigating measures are implemented to minimise the negative impact of other activities causing similar pressures in the same water bodies.

If failure to prevent deterioration or failure to achieve the environmental objectives set out in Article 4 of Directive 2000/60/EC in a body of surface water is the result of a prior authorisation in point (a), that authorisation shall be specifically set out and the conditions referred to in the second subparagraph explained in the river basin management plans.

Article 16

Biodegradable non-domestic wastewater

Member States shall establish requirements for the discharge of biodegradable non-domestic wastewater that are appropriate to the nature of the industry concerned and that ensure at least the same level of environmental protection as the requirements set out in part B of Annex I.

The requirements referred to in paragraph 1 shall apply when the following conditions are fulfilled:

(a) the wastewater originates from plants treating a load of 4 000 p.e. and above that belong to the industrial sectors listed in Annex IV and that do not carry out any of the activities listed in Annex I to Directive 2010/75/EU; and

(b) the wastewater does not enter an urban wastewater treatment plant before it is discharged into receiving waters (‘direct discharge’).

Article 17

Urban wastewater surveillance

Member States shall set up a national system for cooperation and coordination between competent authorities responsible for public health and competent authorities responsible for urban wastewater treatment with regard to:

(a) the identification of relevant public health parameters that are to be monitored at least in the inlet of urban wastewater treatment plants, taking into account available recommendations by, inter alia, the European Centre for Disease Prevention and Control (ECDC), the Health Emergency Preparedness and Response Authority (HERA) and the World Health Organization (WHO), such as:
(i) SARS-CoV-2 virus and its variants;
(ii) poliovirus;
(iii) influenza virus;
(iv) emerging pathogens;
(v) any other public health parameters that are considered relevant by the competent authorities for monitoring;

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

(c) the determination of the location and the frequency of urban wastewater sampling and analysis for each public health parameter identified in accordance with point (a), having regard to the available health data and the needs in terms of public health data and, where relevant, the local epidemiological situations;

(d) the organisation of appropriate and timely communication of the monitoring results to the competent authorities responsible for public health and, where relevant, competent authorities for drinking water in order to facilitate the implementation of Article 8 of Directive (EU) 2020/2184 and to Union platforms, where such platforms are available, and in accordance with applicable law on protection of personal data.

Where a public health emergency is declared by the competent authority responsible for public health in a Member State, relevant public health parameters shall be monitored in urban wastewater from a representative distribution of the national population, to the extent that the relevant health parameters are found in urban wastewater. That monitoring shall continue until the competent authority declares that the public health emergency has ended, or for a longer period if deemed useful for other purposes by that competent authority.

To determine whether there is a public health emergency, the competent authority shall consider Commission decisions adopted pursuant to Article 23(1) of Regulation (EU) 2022/2371, assessments of the ECDC, and decisions of the WHO taken in accordance with the International Health Regulations.

For agglomerations of 100 000 p.e. and above, Member States shall, by the last day of the second year from the date of adoption of the implementing act in the second subparagraph, ensure that antimicrobial resistance is monitored in urban wastewater.

By 2 July 2026, the Commission shall adopt implementing acts in order to establish a minimum frequency of sampling and a harmonised methodology for measuring antimicrobial resistance in urban wastewater, taking into account at least all available data from national public health authorities and national authorities responsible for monitoring antimicrobial resistance. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Results from the monitoring referred to in this Article shall be reported in accordance with Article 22(1), point (h).

Article 18

Risk assessment and management

By 31 December 2027, Member States shall identify and assess the risks caused by urban wastewater discharges to the environment and human health, taking into account seasonal fluctuations and extreme events, and at least the risks related to the following:

(a) the quality of a water body used for the abstraction of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184;

(b) the quality of bathing water falling within the scope of Directive 2006/7/EC;

(c) the quality of a water body where aquaculture activities as defined in Article 4, point (25), of Regulation (EU) No 1380/2013 take place;

(d) the status of the receiving groundwater body as defined in Article 2, point 19, of Directive 2000/60/EC as well as all other environmental objectives as stated in Article 4 of that Directive for the receiving groundwater body;

(e) the status of the marine environment as defined in Article 3, point 5, of Directive 2008/56/EC;

(f) the status of the receiving surface water body as defined in Article 2, point 17, of Directive 2000/60/EC as well as all other environmental objectives as stated in Article 4 of that Directive for the receiving surface water body.

Where risks have been identified in accordance with paragraph 1, Member States shall adopt appropriate measures to address them, including, where appropriate, the following measures:

(a) taking additional measures to prevent and reduce pollution from urban wastewater at source, where required to safeguard the quality of the receiving water body, to complement the measures referred to in Article 14(3);

(b) establishing collecting systems in accordance with Article 3 for agglomerations of below 1 000 p.e.;

(c) applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations of below 1 000 p.e.;

(d) applying tertiary treatment in accordance with Article 7 to discharges of urban wastewater from agglomerations of below 10 000 p.e.;

(e) applying quaternary treatment in accordance with Article 8 to discharges of urban wastewater from agglomerations of below 10 000 p.e., in particular where urban wastewater is discharged into water bodies used for abstraction of water intended for human consumption, bathing water, water bodies where aquaculture activities take place, and where treated urban wastewater is reused for agricultural purposes;

(f) establishing integrated urban wastewater management plans in accordance with Article 5 for agglomerations of below 10 000 p.e. and adoption of measures referred to in Annex V;

(g) applying requirements for the treatment of collected urban wastewater that are more stringent than the requirements set out in Part B of Annex I.

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