47 Amendments of Cyrus ENGERER related to 2022/0345(COD)
Amendment 55 #
Proposal for a directive
Recital 3
Recital 3
(3) In 2019, the Commission performed an evaluation of Council Directive 91/271/EEC under the Regulatory Fitness and Performance Programme38(the ‘evaluation’). It became apparent from that exercise that certain provisions of the Directive needed to be updated. Three important sources of remaining load of pollution from urban wastewater that could be avoided were identified, namely storm water overflows and urban runoff, potentially mal- functioning individual systems (i.e. systems treating domestic wastewater that is not entering collecting systems) and small agglomerations that are currently not completely covered by Directive 91/271/EEC. Those three sources of pollution constitute a significant pressure on surface water bodies in the Union. Moreover, the report of the evaluation also highlighted the need to improve the transparency and governance of the urban wastewater activities, to seize the opportunity offered by the urban wastewater treatment sector to use its potential for renewable energy development and make tangible steps towards energy neutrality as a contribution to climate neutrality and to harmonise urban wastewater surveillance of health parameters, such as the COVID-19 virus and its variants, as a support for public health action. The wastewater sector is one of the four main sectors responsible for methane emissions, next to agriculture, energy and waste.Therefore the Commission should propose by 2025 in line with the Methane Pledge of COP26 a roadmap on reducing methane emissions by 2030.The wastewater sector should be climate neutral by 2050 at the latest, in line with the UN Race to Zero campaign and the European Climate Law. _________________ 38 Commission Staff Working Document, Executive Summary of the Evaluation of the Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment (SWD(2019) 701 final).
Amendment 93 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is of great importance that the Commission takes the enormous difficulties and challenges for wastewater treatment into account, such as in the revision of Regulation EC/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 to phase out PFAS in the Union, unless it is proven essential for society.
Amendment 119 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Micro and nanoplastic pollution is often caused by dyeing and washing processes of synthetic textiles as synthetic microfibers are released into wastewater. 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. Measures are needed to reduce the amount of micro-plastics released during industrial wet processing and washing and drying by industry and consumers.
Amendment 132 #
Proposal for a directive
Recital 14
Recital 14
(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 21 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.
Amendment 159 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure the protection of the environment and human healtealth 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.
Amendment 171 #
Proposal for a directive
Recital 21
Recital 21
(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 healtealth in line with the One Health approach and the environment.
Amendment 177 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) This Directive acknowledges the 'One Health' approach as recognised by the World Health Organization, 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 to the G7 commitment to acknowledge the rapid rise in Antimicrobial Resistance (AMR) at the global scale, it is necessary to promote the prudent and responsible use of antibiotics in human and veterinary medicines.
Amendment 183 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to protect the environment and human healtealth in line with the One Health approach, 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 Council55. _________________ 55 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).
Amendment 189 #
Proposal for a directive
Recital 25
Recital 25
(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 2030.56Furthermore, Principle 20 of the European Pillar of Social Rights57states 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 Health58and the provisions of the Protocol on Water and Health59Member States should tackle the issue of access to sanitation at national level. That should be done through actions aimed at improvensuringaccess 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. _________________ 56 Resolution adopted by the United Nations General Assembly on 25 September 2015 (A/70/L.1) 57 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Establishing a European Pillar of Social Rights (COM/2017/0250 final). 58 WHO Guidelines on Sanitation and Health, 2018. 59 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 17 June 1999.
Amendment 221 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) It is important to ensure that the Directives provides for better quality of water while not jeopardising the accessibility, availability and affordability of essential products
Amendment 222 #
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37c) The Member states can envisage additional reimbursement of the difference of costs caused by this Directive for the purpose of support of essential medicines for keeping them available on the market and accessible for citizens.
Amendment 223 #
Proposal for a directive
Recital 38
Recital 38
(38) Pursuant to the Interinstitutional Agreement on Better Law-Making68, 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. 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 Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal. _________________ 68 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater , to protect the environment and human healtealth in line with the One Health approach while progressively eliminating greenhouse gas emissions and improving the energy balance of urban wastewater collection and treatment activities. It also lays down rules for the implementation of the extended producer responsibility on access to sanitation, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters . .
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘urban runoff’ means rainwater, snow or meltwater from agglomerations collected by combined or separate sewers or by mechanical means;
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) ‘polluter pays principle’ means 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 pollution, as well as the costs the polluters impose on society;
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 340 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(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 healtealth in line with the One Health approach or the environment;
Amendment 371 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. By 31 December 2030, Member States shall ensure that all agglomerations with a p.e. of between 1 000 and 2 000 comply with the following requirements with compliance rate of at least 80%:
Amendment 385 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By way of derogation from Article 3, where exceptionally the establishment of a collecting system or connection to a collecting system is not justified either because it would produce no environmental benefit or because it would involve excessive cost, Member States shall ensure that individual systems for the treatment of urban wastewaters (‘individual systems’) or other appropriate systems which achieve the same level of environmental protection are used.
Amendment 423 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) storm water overflow or urban runoff poses a risk to the environment or human healtealth in line with the One Health approach;
Amendment 460 #
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States shall ensure to increase green space in urban areas in line with the EU platform for urban greening [and Article 6 on Restoration of urban ecosystems in the Regulation on nature restoration] in order to reduce storm water overflows based on natural solutions.
Amendment 466 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For agglomerations of between 1 000 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 2030 with the level of accepted compliance not lower that 80%.
Amendment 594 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
On 31 December 2030, Member States shall have established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants and micro-plastics represents a risk for human healtealth in line with the One Health approach or the environment. Member States shall review that list every five years thereafter and update it if necessary.
Amendment 604 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – introductory part
Article 8 – paragraph 2 – subparagraph 2 – introductory part
The list referred to in the first subparagraph shall include the following areas, unless the absence of risk for human healtealth in line with the One Health approach or the environment in those areas can be demonstrated based on a risk assessment:
Amendment 690 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 a (new)
Article 9 – paragraph 1 – subparagraph 2 a (new)
Based on the results of the monitoring required under Article 21(4), the Commission shall review every four years the list of products set out in Annex III. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to extend the list of products of Annex III.
Amendment 767 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point ii
Article 9 – paragraph 4 – subparagraph 2 – point a – point ii
(ii) information on the hazardousness of the products referred to in point (i) in the wastewaters and their biodegradability at the end of their life;
Amendment 800 #
Proposal for a directive
Article 9 – paragraph 5 – point c a (new)
Article 9 – paragraph 5 – point c a (new)
(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.
Amendment 924 #
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that the energy audits as referred to in paragraph (1) of this Article are accompanied by an action plan laying down a set of measures on reducing energy consumption using best available technologies and practices in a cost- effective way, and providing for an independent review of this action plan every four years.
Amendment 926 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article11a Climate neutrality of urban wastewater treatment plants and Union methane emission reduction target 1. Member States shall ensure that urban wastewater treatment plants achieve climate neutrality at operator level by 2050 at the latest in line with the overall objective of the European Climate Law and as part of the UN Race To Zero campaign. 2. In accordance with the long-term temperature goal set out in point (a) of Article 2(1) of the Paris agreement, with the target of net zero greenhouse gas emissions by 2050 at the latest set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’) and with the Global Methane Pledge goal of cutting global anthropogenic methane emissions by at least 30% by 2030 from 2020 levels, the Commission shall propose by 31 December 2025 and based on an impact assessment, a 2030 Union binding methane emission reduction target covering all relevant emitting sectors including energy, agriculture, waste and wastewater. 3. In accordance with paragraph 2, Member States shall collectively ensure that methane emissions from the energy sector in the Union are reduced by 2030 to a level that will capture the social benefits of methane mitigation at less than their costs. 4. Each Member State shall set national methane emissions reduction targets as referred to in paragraph 3 as part of their integrated national energy and climate plans in accordance with Articles 3 to 5 and 9 to 14 of Regulation (EU) 2018/1999. If, on the basis of the assessment of the first update of the integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999, the Commission concludes that the national contributions of the Member States are insufficient for the collective achievement of the Union target, it shall propose measures and exercise its powers at Union level in order to ensure the collective achievement of the target referred to in paragraph 3.
Amendment 984 #
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) any other public health parameters that are considered relevant by the European Centre for Disease Prevention and Control (ECDC) or the competent authorities of the Member States for monitoring.
Amendment 1009 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. By [OP please insert the date = the last day of the second year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human healtealth in line with the One health approach and at least those related to the following:
Amendment 1062 #
Proposal for a directive
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) identify categories of people including Roma people and homeless persons, without access, or with limited access, to sanitation facilities, including vulnerable and marginalised groups, and provide reasons for such lack of access;
Amendment 1072 #
Proposal for a directive
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) for all agglomerations of 10 000 p.e. and above, encouragfinalise the establishment of a sufficient number of sanitation facilities in public spaces by 1 January 2030, which are freely and, in particular for women, safely accessible.
Amendment 1127 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b a (new)
Article 21 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) Per- and polyfluoroalkyl substances (PFAS) and chlorothalonil
Amendment 1138 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 4 a (new)
Article 21 – paragraph 3 – subparagraph 4 a (new)
The Commission shall envisage in the next Multiannual Financial Framework resources for the Water treatment transition fund that will be available for all Member States to enable equally good level of water as a strategic sector in the EU, if assessment shows that some Member States or regions are not able to reach the targets without EU support.
Amendment 1141 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
Amendment 1161 #
Proposal for a directive
Article 22 – paragraph 1 – point i
Article 22 – paragraph 1 – point i
(i) by 31 December 2030, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human healtealth in line with the One Health approach or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
Amendment 1190 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The Member States shall establish national educational programs on the harmfulness of micro-plastics and micro- pollutants and a proper way of tackling this pollution at source.
Amendment 1230 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall determine what what stage the decisions, acts or omissions referred to in paragraph 1 may be challengedconstitutes a sufficient interest and impairment of a right, consistent with the objective of giving the public concerned wide access to justice. To that end, nongovernmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed as having a sufficient interest or having rights capable of being impaired for the purpose of paragraph 1 of this Article.
Amendment 1233 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. This Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.
Amendment 1241 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that, where damage to human healtealth in line with the One Health approach has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation.
Amendment 1245 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human healtealth in line with the One Health approach or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.
Amendment 1263 #
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human healtealth in line with the One Health approach and the environment.
Amendment 1274 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1 – point e
Article 30 – paragraph 1 – subparagraph 1 – point e
(e) an analyse of the possible need to adapt the list of products to be covered by extended producer responsibility, in particular per- and polyfluoroalkyl substances (PFAS) to the evolution of the range of products placed on the market, improved knowledge on the presence of micro-pollutants in wastewaters and their impacts on public health and the environment, and data resulting from the new monitoring obligations on micro- pollutants in the inlets and outlets of the urban wastewater treatment plants.
Amendment 1307 #
Proposal for a directive
Annex I – Part D – paragraph 8
Annex I – Part D – paragraph 8
Note 2: The percentage of removal shall be calculated on dry weather flow for at least six substances. The number of substances in category 1 shall be twice the number of substances in category 2. If less than six substances can be measured in sufficient concentration, the competent authority shall designate other substances to calculate the minimum percentage of removal when it is necessary. The average of the percentages of removal of all substances used in the calculation shall be used in order to assess whether the required 80 % minimum percentage of removal has been reached.
Amendment 1334 #
Proposal for a directive
Annex III – point 2 a (new)
Annex III – point 2 a (new)
2a. Products which includes per- and polyfluoroalkyl substances (PFAS).
Amendment 1335 #
Proposal for a directive
Annex III – point 2 b (new)
Annex III – point 2 b (new)
2b. Member States can add other sectors such as pesticides, households products, plastic additives etc. based on the evidence of presence of the micro- pollutants produced by this sector a) in the water after passing through the third level treatment, b) in the sludge, c) permanently in the system (micro- pollutants that "never leave the waste water treatment system") in order to reflect national specificities.