83 Amendments of Pilar AYUSO related to 2018/0169(COD)
Amendment 121 #
Proposal for a regulation
Recital 1
Recital 1
(1) The water resources of the Union are increasingly coming under pressure, leading to water scarcity and quality deterioration. In particular, climate change, unpredictable weather patterns and drought are contributing significantly to the strain on the availability of freshwater, arising from urban development and agriculture.
Amendment 134 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The European Parliament resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union1a recalls that a demand-side approach should be preferred when managing water resources and takes the view that the Union should adopt a holistic approach when managing water resources, combining measures of demand management, measures to optimise existing resources within the water cycle, and measures to create new resources, and that the approach needs to integrate environmental, social and economic considerations. __________________ 1a 2008/2074 (INI)
Amendment 138 #
Proposal for a regulation
Recital 6
Recital 6
(6) Reuse of appropriately treated waste water, for example from urban waste water treatment plants or industrial installations, is considered to have a lower environmental impact than other alternative water supply methods, such as water transfers or desalination, but such reuse only occurs to a limited extent in the Union. This appears to be partly due to the significant cost of reclaimed water projects and the lack of common Union environmental or health standards for water reuse, and, as regards in particular agricultural products, the potential obstacles to the free movement of such products irrigated with reclaimed water.
Amendment 146 #
Proposal for a regulation
Recital 7
Recital 7
(7) HEquivalent health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved across the European Union only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in Member States. Harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products. It is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring. Those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed, if necessary, by competent authorities together with any relevant preventive measures. In order to identify stricter or additional requirements for water quality, the reclamation plant operatorsentities responsible for the water reuse project should performdefine key risk management tasks to be performed by reclamation facility operators and users of reclaimed water. The parameters are based on the technical report of the Commission Joint Research Centre and reflect the international standards on water reuse.
Amendment 159 #
Proposal for a regulation
Recital 9
Recital 9
(9) Risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing reclaimed water of a quality required for particular uses. The risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment, human and animal health. Risk management should be a responsibility shared among all the parties involved in a water reuse project; the distribution of these responsibilities and the role of each of the parties involved should be clearly specified.
Amendment 164 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to effectively protect the environment and human health, reclamation plantfacility operators should be primarily responsible for the quality of reclaimed water at the point of compliance, which will be the delivery point of reclaimed water. For the purposes of compliance with the minimum requirements and any additional conditions, set by the competent authority, reclamation plantfacility operators should monitor the quality of reclaimed water in accordance with the minimum requirements and any additional conditions set by the competent authorities. It is therefore appropriate to establish the minimum requirements for monitoring, consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring. Certain requirements for routine monitoring are specified in accordance with Directive 91/271/EEC. The users of the reclaimed water should be responsible for preventing the deterioration of water quality from the point of delivery of reclaimed water to the places of use.
Amendment 173 #
Proposal for a regulation
Recital 11
Recital 11
(11) It is necessary to ensure the safe use of reclaimed water, thereby encouraging water reuse at Union level and enhancing public confidence in it. Supply of reclaimed waterWater reuse for particular uses should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. In order to ensure harmonised approach at Union level, traceability and transparency, the substantive rules for that permit should be laid down at the Union level. However, the details of the procedures for granting permits should be determined by Member States, whose competent authorities are themselves responsible for assessing the risks linked to water reuse. Member States should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this Regulation.
Amendment 180 #
Proposal for a regulation
Recital 12
Recital 12
(12) The provisions of this Regulation are complementary to the requirements of other Union legislation, in particular with regard to possible health and environmental risks. In order to ensure a holistic approach to addressing possible human and animal health, and environmental risks, the reclamation plant operators, when applicable, and the competent authorities should therefore take into account the requirements laid down in other relevant Union legislation, in particular Council Directives 86/278/EEC, 91/676/EEC20 and 98/83/EC21, Directives 91/271/EEC and 2000/60/EC, Regulations (EC) No 178/200222, (EC) No 852/200423, (EC) No 183/200524, (EC) No 396/200525 and (EC) 1069/200926 of the European Parliament and of the Council, Directives 2006/7/EC27, 2006/118/EC28, 2008/105/EC29 and 2011/92/EU30 of the European Parliament and of the Council, Commission Regulations (EC) No 2073/200531, (EC) No 1881/200632 and (EC) 142/201133. __________________ 20 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1-8). 21 Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32). 22 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 23 Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1). 24 Regulation (EC) 183/2005 of the European Parliament and the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1). 25 Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) 26 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1) 27 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) 28 Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19). 29 Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84). 30 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 31 Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L338 22.12.2005, p.1) 32 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5) 33 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive Text with EEA relevance (OJ L 54, 26.2.2011, p. 1)
Amendment 187 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to encourage confidence in water reuse, information should be provided to the public. Making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications. f the Union’s targets for the sparing use of resources are to be met, making consumers aware of their responsibilities is also important. It would be necessary, first of all, to review practices involving the use of natural resources, with the aim of achieving savings. In order to encourage confidence in water reuse and secure consumer acceptance of this sustainable practice, information should be provided to the public. Making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications. In order to encourage water reuse, Member States should ensure the development of communication strategies that are specific, active and adapted to the different parties, to ensure that they are all aware of the urban water cycle, the need to reuse water and its benefits, thereby promoting stakeholder acceptance and involvement.
Amendment 201 #
Proposal for a regulation
Recital 18
Recital 18
(18) Competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit. In cases of non-compliance, they should require the reclamation plantfacility operator to take the necessary measures to ensure compliance. The operators of reclamation plantfacilities should immediately suspend any supply of the reclaimed water when non-compliance causes a significant risk to the environment or to human health.
Amendment 208 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) With a view to developing and promoting the reuse of treated waste water as much as possible, the European Union must support research and development in this area through the Horizon Europe programme in order to bring about a significant improvement in the reliability of properly reclaimed water and in viable use methods.
Amendment 211 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) This Regulation seeks to encourage the sustainable use of water. With that aim in view, the Commission should undertake to use Union programmes, including the LIFE Programme, to support local initiatives involving the reuse of properly treated waste water.
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down minimum requirements for reclaimed water quality and monitoring and the obligation to carry out specified key risk management tasks, for the safe reuse of treated urban waste water in the context of integrated water management.
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The purpose of this Regulation is to guarantee that reclaimed water reuse is safe for its intended use, thereby ensuring a high level of protection of human and animal health and the environment, addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the Union, thus also contributing to the transition to a circular economy, ensuring long-term competitiveness of the Union and the efficient functioning of the internal market.
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Regulation shall seek to encourage users of large quantities of water to develop sustainable, water use practices which save water, and to make possible the deployment of water use solutions which serve to address climate- change issues.
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘competent authority’ means an authority or body designated by a Member State to carry out obligations arising from this Regulationis defined as in paragraph 16 of article 2 in Directive 2000/60/EC;
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
2a. “entity responsible for the water reuse project” means a natural or legal entity who takes the responsibility of the water reuse project.
Amendment 240 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 b (new)
Article 3 – paragraph 1 – point 2 b (new)
2b. “water reuse project” means the project that has the objective to implement water reuse in a certain territory;
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 c (new)
Article 3 – paragraph 1 – point 2 c (new)
2c. “reclamation system” means the set of facilities that includes the water reclamation facility and the facilities for the storage and distribution of reclaimed water up to the point of delivery to users, with a quality defined according to the intended use.
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘end-user’ means a natural or legal person or a public or private entity who uses reclaimed water; for its intended use.
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
4a. “treated waste water” means urban waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC.
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4 b (new)
Article 3 – paragraph 1 – point 4 b (new)
4b. “point of delivery of treated waste water” means the place where treated waste water according to the quality requirements in Directive 91/271/EEC is delivered for reclamation.
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5. ‘reclaimed water’ means urban waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC and which results from further treatment in a reclamation plantfacility that makes its quality suitable for the use it is intended for;
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
6. ‘reclamation plant’ meansfacility’ means a part of an urban waste water treatment plant or other plantfacility that further treats urban waste water previously treated according to and complying with the requirements set out in Directive 91/271/EEC in order to produce reclaimed water that is fit for a use specified in section 1 of Annex I to this Regulation;
Amendment 269 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘reclamation plantfacility operator’ means a natural or legal person who operates or controls a reclamation plant;facility; (Horizontal amendment. This amendment applies throughout the text)
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
7a. “users’ storage and distribution infrastructure” means the set of facilities aimed to store and distribute reclaimed water from the point of delivery to the place of use by the user.
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
7b. “Water reuse infrastructure” means the group of reclamation facility, storage and distribution infrastructure both on the reclamation facility side and the user side;
Amendment 276 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
Article 3 – paragraph 1 – point 7 c (new)
7c. “place of use” means the area or facility where the reclaimed water supplied is used.
Amendment 280 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
Amendment 292 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Amendment to Directive 91/271/EEC In Article 4 of Directive 91/271/EEC, the following paragraph is inserted: 3a. Discharges from the urban wastewater treatment facilities referred in paragraphs 1 and 2 may not meet the requirements of Table 2 of Annex I if they are directly treated in a reclamation facility, as defined in the Regulation (COM (2018) 337) relative to the minimum requirements for water reuse. Such reclaimed water therefore can only be used for agricultural irrigation.
Amendment 293 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Obligations of reclamation plant operatoand responsibilities of reclamation facility operators and users as regards water quality
Amendment 296 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Reclamation plantfacility operators shall ensure that reclaimed water destined for a use specified in section 1 of Annex I, shall, at the outlet of the reclamation plant (point of compliance), comply with the following:
Amendment 301 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) any additional conditions that fall under their scope of responsibility set by the competent authority in the relevant permit pursuant to points (b) and (c) of Article 7(3), as regards water quality.
Amendment 304 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. In order to ensure compliance with the requirements and conditions referred to in paragraph 1, the reclamation plantfacility operator shall monitor water quality in accordance with the following:
Amendment 306 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) any additional conditions that fall under their scope of responsibility set by the competent authority in the relevant permit pursuant to points (b) and (c) of Article 7(3), as regards monitoring.
Amendment 307 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
The user of the reclaimed water is responsible for preventing the deterioration of water quality from the point of delivery of reclaimed water to the place of use.
Amendment 308 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 313 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. For the purposes of producing and supplying reclaimed water risk management shall be undertaken by the reclamation plant operatorensuring safe reclaimed water production, supply and use, a risk management shall be undertaken by the entity responsible for the water reuse project, in consultoperation with the following actors:
Amendment 318 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the operator of the urban waste water treatment plant(s) supplying a reclamation plant with waterfacility with treated waste water according to the quality requirements in Directive 91/271/EEC, if different from the reclamation plantfacility operator;
Amendment 325 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) the reclamation facility operator;
Amendment 330 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) end-user(s);
Amendment 332 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) any other party deemed relevant by the reclamation plant operatorentity responsible for the water reuse project.
Amendment 335 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The reclamation plant operatorentity responsible for the water reuse project shall draw-up a Water Reuse Risk Management Plan based on the key risk management tasks set out in Annex II. The Water Reuse Risk Management Plan shall propose any additional requirements to those specified in Annex I necessary to further mitigate any risks, and shall, inter alia, identify hazards, risks and appropriate preventive measures in the water reuse project, in coordination with all parties involved and establishing their responsibilities. The entity responsible for the water reuse project shall inform the user as soon as sufficient information has been collected.
Amendment 339 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 344 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Application for a permit to supply reclaimed waterfor water reuse
Amendment 346 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Any supplywater reuse project for a use specified in section 1 of Annex I, shall be subject to a permit. Any user of reclaimed water destined for aaccording to the use specified in section 1 of Annex I, shall be subject togranted a permit of use.
Amendment 350 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An operatorentity responsible for a water reuse project shall submit an application for the permit referred to in paragraph 1, or for a modification of an existing permit to the competent authority of the Member State in which the reclamation plant operateswater reuse project is implemented or is planned to operabe implemented.
Amendment 355 #
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) a description of how the reclamation plantfacility operator will comply with the minimum requirements for water quality and monitoring set out in section 2 of Annex I;
Amendment 357 #
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) a description of how the reclamation plantfacility operator will comply with the additional requirements proposed in the Water Reuse Risk Management Plan.
Amendment 362 #
Proposal for a regulation
Article 6 – paragraph 3 – point c a (new)
Article 6 – paragraph 3 – point c a (new)
(ca) a description of how the user will comply with the additional requirements proposed in the Water Reuse Risk Management Plan from the delivery point of reclaimed water until its use;
Amendment 368 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The competent authority shall decide within 3 months from the receipt of the complete application as referred to in point (a) of Article 6(3) whether to grant the permits. Where the competent authority needs more time due to the complexity of the application, it shall inform the applicant thereof, indicate the expected date of granting the permit and provide reasons for the extension.
Amendment 373 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
Amendment 374 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Where the competent authority decides to grant a permit of use, it shall determine the conditions applicable in relation to maintain the quality of the water after the point of compliance.
Amendment 375 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The permits shall be reviewed regularly and at least every five years and, if necessary, modified.
Amendment 383 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In the event of non-compliance of the quality of reclaimed water to be supplied, the competent authority shall require the reclamation plantfacility operator to take any necessary measures to restore compliance without delay.
Amendment 386 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where non-compliance causes a significant risk to the environment or to human health, the reclamation plantfacility operator shall immediately suspend any further supply of the reclaimed water until the competent authority determines that compliance has been restored, and inform the users who may be affected.
Amendment 389 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. If an incident affecting compliance with the permit’s conditions occurs, the reclamation plantfacility operator shall immediately inform the competent authority and the end-user(s) which may be potentially affected, and communicate to the competent authority the information necessary for assessing the impacts of such an incident.
Amendment 392 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Competent authorities shall also verify that the conditions of reclaimed water supplied to users at the delivery point are ensured at the place of use under the user(s) responsibility.
Amendment 393 #
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. In the event of non-compliance of the minimum requirements of quality of reclaimed water, the competent authority shall require the user(s) to suspend the use of reclaimed water.
Amendment 403 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Member States shall ensure the development of communication strategies that are specific, active and adapted to different parties, to promote stakeholders acceptance and involvement in water reuse projects.
Amendment 406 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) set up and publish by … [threfive years after the date of entry into force of this Regulation], and update every 6 years thereafter, a data set containing information on the outcome of the compliance check performed in accordance with Article 8(1) and other information to be made available online to the public in accordance with Article 10;
Amendment 409 #
Proposal for a regulation
Article 12
Article 12
1. natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4 to 8, when one of the following conditions is fulfilled: (a) (b) right, where the administrative procedural law of the relevant Member State requires this as a precondition. 2. Member States shall determine at what stage decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To that end, the interest of any non- governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purposes of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of paragraph 1(b). 4. Paragraphs 1, 2 and 3 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. 5. Any review procedure referred to in paragraphs 1 and 4 shall be fair, equitable, timely and not prohibitively expensive. 6. information is made available to the public on access to administrative and judicial review procedures.2 Article 12 deleted Access to justice Member States shall ensure that they have a sufficient interest; they maintain the impairment of a Member States shall ensure that
Amendment 412 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by … [threfive years after the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it of any subsequent amendment affecting them.
Amendment 416 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
It shall apply from ... [onthree years after the date of entry into force of this Regulation].
Amendment 434 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 1
Annex I – part 2 – point 2.1 – point b – paragraph 1
Reclamation plantfacility operators shall perform routine monitoring to verify that the reclaimed water is complying with the minimum water quality requirements set out in point (a). The routine monitoring shall be included in the verification procedures of the water reuse systemproject.
Amendment 439 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 2
Annex I – part 2 – point 2.1 – point b – paragraph 2
Validation monitoring has to be performed before the reclamation plantfacility is put into operation, when equipment is upgraded, and when new equipment or processes are added.
Amendment 440 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 3
Annex I – part 2 – point 2.1 – point b – paragraph 3
Validation monitoring shall be performed for the most stringent reclaimed water quality class, Class A, to assess that the performance targets (log10 reduction) are complied with. Validation monitoring entails the monitoring of the indicator microorganisms associated to each group of pathogens (bacteria, virus and protozoa). The indicator microorganisms selected are E. coli for pathogenic bacteria, F-specific coliphages, somatic coliphages or coliphages for pathogenic viruses, and Clostridium perfringens spores or spore- forming sulfate-reducing bacteria for protozoa. Performance targets (log10 reduction) for the validation monitoring for the selected indicator microorganisms are set out in Table 4 and shall be met at the outlet of the reclamation plant (point of compliance)facility, considering the concentrations of the raw waste water effluent entering the urban waste water treatment plant. At least 90% of validation samples should reach or exceed the performance target.
Amendment 444 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 3 a (new)
Annex I – part 2 – point 2.1 – point b – paragraph 3 a (new)
If a biological indicator is not present in sufficient quantity in raw waste water to achieve the log10 reduction, the absence of such biological indicator in the effluent shall mean complying with validation. The performance with the compliance target may be established by analytical control, by addition of the performance granted to individual treatment steps based on scientific evidence for standard well-established processes (published data of testing reports, case studies...) or tested in laboratory under controlled conditions for innovative treatment.
Amendment 446 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 5
Annex I – part 2 – point 2.1 – point b – paragraph 5
(**) Total coliphages is selected as the most appropriate viral indicator. However, if analysis of total coliphages is not feasible, at least one of them (F-specific or somatic coliphages) has to be analyzed. If total coliphages are not present in sufficient quantity in raw waste water effluent, the compliance with the performance target may be established by addition of the performance granted to individual treatment steps based on scientific evidence for standard well- established processes (published data of testing reports, case studies...) or tested in laboratory under controlled conditions for innovative treatment.
Amendment 448 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 6
Annex I – part 2 – point 2.1 – point b – paragraph 6
(***) Clostridium perfringens spores is selected as the most appropriate protozoa indicator. However sporeforming sulfate- reducing bacteria is an alternative if the concentration of Clostridium perfringens spores does not allow to validate the requested log10 removal. If Clostridium perfringens are not present in sufficient quantity in raw wastewater effluent, the compliance with the performance target may be established by addition of the performance granted to individual treatment steps based on scientific evidence for standard well-established processes (published data of testing reports, case studies...) or tested in laboratory under controlled conditions for innovative treatment.
Amendment 449 #
Proposal for a regulation
Annex I – part 2 – point 2.1 – point b – paragraph 7
Annex I – part 2 – point 2.1 – point b – paragraph 7
Methods of analysis for monitoring shall be validated and documented by the operator in accordance with EN ISO/IEC- 17025 or other national or international standards which ensure an equivalent quality.
Amendment 452 #
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. Describe the water reuse systemproject, from the waste water entering the urban waste water treatment plant to the point of use, including the sources of waste water, the treatment steps and technologies at the reclamation plant, thereclamation system, the users’ supply and storage infrastructure, the intended use, the place of use, and the quantities of reclaimed water to be supplied. T, with the aim of this task is to provideing a detailed description of the entire water reuse system.
Amendment 455 #
Proposal for a regulation
Annex II – point 2
Annex II – point 2
2. Identify potential hazards, in particular the presence of pollutants and pathogens, and the potential for hazardous events such as treatment failures, accidental leakages or contamination in the described water reuse systemproject.
Amendment 459 #
Proposal for a regulation
Annex II – point 4 – paragraph 1
Annex II – point 4 – paragraph 1
Conduct a risk assessment covering both environmental risks and risks to human and animal health, taking into account the nature of the identified potential hazards, the identified environments, populations and individuals at risk of exposure to those hazards and the severity of possible effects of the hazards, as well as all relevant Union and national legislation, guidance documents and minimum requirements in relation to food and feed and worker safety. Qualitative studies may be accepted. Scientific uncertainty in risk characterisation shall be addressed in accordance with the precautionary principle.
Amendment 461 #
Proposal for a regulation
Annex II – point 4 – paragraph 2 – point b – point i
Annex II – point 4 – paragraph 2 – point b – point i
i. confirmation of the nature of the hazards, including, where relevant, the dose-response relationship in collaboration with health authorities;
Amendment 464 #
Proposal for a regulation
Annex II – point 4 – paragraph 3
Annex II – point 4 – paragraph 3
Amendment 465 #
Proposal for a regulation
Annex II – point 5 – introductory part
Annex II – point 5 – introductory part
5. When necessary and appropriate to ensure sufficient protection of the environment and human health, having been proven the risks to come from reclaimed water and not from other sources, specify requirements for water quality and monitoring that are additional to and/or stricter than those specified in Annex I.
Amendment 468 #
Proposal for a regulation
Annex II – point 5 – paragraph 1 – introductory part
Annex II – point 5 – paragraph 1 – introductory part
Amendment 474 #
Proposal for a regulation
Annex II – point 6 – introductory part
Annex II – point 6 – introductory part
6. Identify preventive measures, both for reclamation facility operators and users, that are already in place or that should be taken to limit risks so that all identified risks can be adequately managed.
Amendment 475 #
Proposal for a regulation
Annex II – point 7
Annex II – point 7
7. Ensure that adequate quality control systems and procedures are in place, including monitoring of the reclaimed water for relevant parameters, as well as control at the place of use of reclaimed water, and that adequate maintenance programmes for equipment are established.
Amendment 478 #
Proposal for a regulation
Annex II – point 8 – paragraph 2
Annex II – point 8 – paragraph 2
It is recommended that the reclamation plantfacility operator set up and maintain a quality management system certified under ISO 9001 or equivalent.
Amendment 479 #
Proposal for a regulation
Annex II – point 9 a (new)
Annex II – point 9 a (new)
9a. Ensure the establishment of coordination mechanisms amongst different actors to guarantee the safe production and use of reclaimed water and the success of the water reuse project.