63 Amendments of Ulrike MÜLLER related to 2022/0345(COD)
Amendment 213 #
Proposal for a directive
Recital 35
Recital 35
(35) To adapt this Directive to scientific and technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending certain parts of the Annexes with regard to the requirements for the secondary, tertiary and quaternary treatment and the requirements for specific authorisations for discharges of non- domestic wastewater into collecting systems and urban wastewater treatment plants and in respect of supplementing this Direcrtive by establishing minimum reuse and recycling rates for phosphorus and nitrogen from sludge. Iurban wastewater and sludge, in order to incentivise a variety of recovery techniques, including pyrolysis and struvite precipitation as well as nutrient recovery from sludge. Considering that phosphorous and nitrogen are valuable resources for agriculture, the Commission should aim to adopt these delegated acts within one year after end of the transposition of this directive. Within this time period, it is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 304 #
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘micro-pollutant’ means a substance as defined by Regulation EC/1907/2006, including its breakdown products, that is usually present in the environment and urban wastewaters in concentrations below milligrams per litre and, which at this concentration can be considered hazardous to human health or the environment based on any of the criteria set out in Part 3 and Part 4 of Annex I to Regulation EC69and that cannot be removed by primary, secondary or tertiary treatment; _________________ 69 Regulation EC 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 353 31.12.2008, p 1).
Amendment 427 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
Amendment 480 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
By 31 December 20305, Member States shall ensure that discharges from 50 % of urban wastewater treatment plants treating a load of 100 000 p.e. and above and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] are subject to tertiary treatment in accordance with paragraph 4.
Amendment 489 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
By 31 December 203540, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to tertiary treatment in accordance with paragraph 4.
Amendment 511 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
By 31 December 203540, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e. and 100 000 p.e. that are discharging into areas included in the list referred to in paragraph 2 and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into those areas .
Amendment 519 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
By 31 December 20405, Member States shall ensure that urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e. and 100 000 p.e.
Amendment 569 #
By 31 December 20305, Member States shall ensure that 50 % of discharges from urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
Amendment 582 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
By 31 December 203540, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
Amendment 598 #
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 represents a risk or high risk for human health or the environment. Member States shall review that list every five years thereafter and update it if necessary.
Amendment 619 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission is empowered to adoptshall adopt by 31 December 2028 implementing acts establishing the format of the risk assessment referred to in paragraph 2, second subparagraph, and the method to be used for that risk assessment, including the identification of high risks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 626 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By 31 December 203540, Member States shall ensure that for 50 % of the agglomerations of between 150 000 p.e and 100 000 p.e., urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
Amendment 633 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
By 31 December 20405, Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 150 000 p.e and 100 000 p.e.
Amendment 640 #
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. By 31 December 2045, Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to as high risk in paragraph 2 with regard to all agglomerations of between 10 000 p.e. and 50 000 p.e.
Amendment 651 #
Proposal for a directive
Article 9 – title
Article 9 – title
Extended producer and polluter responsibility
Amendment 652 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Member States shall take measures to ensure that producers who place any of the products listed in Annex III on the market have extended producer responsibilitycontaining substances listed in Annex III defined by paragraph 1a on the market have extended producer responsibility. The producer responsibility shall be shared by the public via public funding where the public is to be considered the polluter due to an overriding public interest in a high societal added value of the placing of substances on the market, for example for medicines which are vital for well-being and considering their societal and health benefits alongside environmental impact.
Amendment 669 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – introductory part
Article 9 – paragraph 1 – subparagraph 2 – introductory part
Such measures shall ensure that thoseextended producers and polluter responsibility covers:
Amendment 691 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Annex III defines substances that qualify for extended producer responsibility: (a) Part 1 describes groups of substances responsible for at least but not significantly more than 90% of relevant micro-pollutants out of which substances qualifying for extended producer and polluter responsibility are to be identified; (b) Part 2 lists those substances out of groups of substances described in Part 1 that account for at least but not significantly more than 90% of relevant micro-pollutants and thereby qualify for extended producer and polluter responsibility, in accordance with procedure referred to paragraph 1b(new).
Amendment 694 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to amend part 1 of the Annex III to ensure that requirements under paragraph 1a(a) are met, and by [OP please insert the date = the first day of the eighteenth month after the date of entry into force of this Directive] shall adopt a delegated act to establish part 2 of the Annex. The delegated act to establish part 2 of the Annex further to requirements under Article 27 shall be drafted with the assistance of the European Medicines Agency and the European Chemical Agency in order to identify relevant substances to be placed on the list and to identify where overriding public interest due to high societal added value of placing substances on the market would not justify to assume producer responsibility and requires polluter responsibility instead.
Amendment 698 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that producer and polluter responsibility only applies to the installation of quaternary treatment required in line with Article 8(2) and shall exonerate producers from their extended producer responsibility under paragraph 1 where the producers can demonstrate any of the following:
Amendment 716 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the quantity of the productsubstances they place on the market is below 2 tonnes per year;
Amendment 725 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the productsubstances they place on the market do not generate micro-pollutants in wastewaters at the end of their life.
Amendment 734 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. 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 productsubstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 763 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point i
Article 9 – paragraph 4 – subparagraph 2 – point a – point i
(i) the annual quantities of the productsubstances listed in Annex III that they place on the market in the context of their professional activity;
Amendment 772 #
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 productand risks of the substances referred to in point (i) in the wastewaters at the end of their life;
Amendment 780 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point iii
Article 9 – paragraph 4 – subparagraph 2 – point a – point iii
(iii) when relevant, a list of productsubstances exonerated in accordance with paragraph 2;
Amendment 783 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point b
Article 9 – paragraph 4 – subparagraph 2 – point b
(b) the producers referred to in paragraph 1 are required to contribute financially to the producer responsibility organisations in order to cover the costs arising from their extended producer responsibility referred to in paragraph 1(a);
Amendment 786 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point c
Article 9 – paragraph 4 – subparagraph 2 – point c
(c) each producer’s contribution, as referred to in point (b), is determined based on the quantities and hazardounesrisks in the wastewaters of the productsubstances that are placed on the market, as well as on the overriding public interest identified according to the procedure described in paragraph 1b, justifying polluter responsibility referred to in paragraph 1;
Amendment 797 #
Proposal for a directive
Article 9 – paragraph 5 – point a
Article 9 – paragraph 5 – point a
(a) the roles and responsibilities of all relevant actors involved, including producers and polluters referred to in paragraph 1, producer responsibility organisations, private or public operators of urban wastewater treatment plants and local competent authorities, are clearly defined;
Amendment 812 #
Proposal for a directive
Article 10 – paragraph 1 – point c – point ii
Article 10 – paragraph 1 – point c – point ii
(ii) the financial contributions paid by producers and polluters referred to in Article 9(1);
Amendment 829 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States shall ensure a regular dialogue between relevant stakeholders involved in the implementation of extended producer and polluter responsibility, including producers and distributors, producer responsibility organisations, private or public operators of urban wastewater treatment plants local authorities and civil society organisations. This dialogue shall particularly contribute to the identification and implementation of measures to make the extended producer and polluter responsibility as economically efficient as possible, such as measures to reduce the micro-pollutant pressure on wastewater, as well as the choice of the most adequate technology in quaternary treatment.
Amendment 841 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) by 31 December 2025[the first day of the twenty- fourth month after the date of entry into force of this Directive] for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;
Amendment 851 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) by 31 December 2030[the first day of the eighty- fourth month after the date of entry into force of this Directive] for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.
Amendment 916 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 (new)
Article 11 – paragraph 2 – subparagraph 1 (new)
Member States shall ensure that the national level targets referred to in paragraph 2 are not directly transferred to every individual urban wastewater treatment plant operator, to ensure that required on-site investments are proportional and within limits of cost- effective and technically feasible measures identified by audits required under paragraph 1, for example by allowing off-site production of energy from renewable sources or by purchases of energy from renewable sources from external sources through power purchase agreements.
Amendment 975 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall monitor the presence of the following public health parameters in urban wastewater that are considered relevant by the competent authorities of the Member States, such as:
Amendment 983 #
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 987 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the identification of otherrelevant public health parameters than the ones referred to in paragraph 1 that are to be monitored in urban wastewater;
Amendment 988 #
Proposal for a directive
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) a specification of responsibilities of involved competent authorities, urban wastewater treatment plant operators and other relevant actors, where additional costs for sampling and analysis resulting from obligations under this Article shall not be allocated to the urban waste water treatment plant operators;
Amendment 1096 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by setting out the minimum reuse and recycling rates for phosphorus and nitrogen from urban wastewater and sludge, in order to take into account available technologies for phosphorus and nitrogen recovery in sludge. The Commission shall adopt these delegated acts by [date of the last day of the year after the end of the transposition of this Directive].
Amendment 1104 #
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Member States may take measures to encourage the purchasing of recovered nutrients from urban wastewater and sludge.
Amendment 1181 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure that adequate and up-to-date information on urban wastewater collection and treatment is available to the public online, in a user- friendly and customised way,at level of the service area is available in each agglomeration. The information shall include at least the data listed in Annex VIcordance with Annex VI, while complying with applicable data protection rules.
Amendment 1186 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Amendment 1194 #
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. In addition, Member States shall ensure that all persons connected to collecting systems receive regularly and at least once a year, in the most appropriate form, includingfor example on their invoice or by digital means, such as smart applications, without having to request it, the following information:
Amendment 1203 #
Proposal for a directive
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the volume or estimated volume of urban wastewater collected and treated per year or per billing period for the household or the connected entity in cubic meter, together with yearly trends and the price of urban wastewater collection and treatment for the household (cost per litre and cubic meter), if technically feasible and if this information is available to the wastewater manager;
Amendment 1207 #
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) a comparison of the yearly volume of load of urban wastewater collected and treated for the household per year and an indication of the average volume of a household in the concerned agglomeration, when applicable in accordance with point (b);
Amendment 1214 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 1216 #
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 1295 #
Proposal for a directive
Annex I – Part D – point 2 – paragraph 1
Annex I – Part D – point 2 – paragraph 1
Amendment 1308 #
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 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 removable substances used in the calculation shall be used in order to assess whether the required 80 % minimum percentage of removal has been reached.
Amendment 1315 #
Proposal for a directive
Annex III – subheading 1
Annex III – subheading 1
PART 1: LIST OF PGRODUCTS COVERED BY EXTENDED PRODUUPS OF SUBSTANCERS RESPONSIBILITYLE FOR AT LEAST BUT NOT SIGNIFICANTLY MORE THAN 90% OF RELEVANT MICRO-POLLUTANTS
Amendment 1344 #
Proposal for a directive
Annex V – point 2 – point a – paragraph 1
Annex V – point 2 – point a – paragraph 1
an indicative objective that storm water overflow, represents no more than 1 % of the annual collected urban wastewater load calculated in dry weather conditiofor the reduction of the share of storm water overflow to be determined according to local conditions and protection needs, achievable by technically and economically proportionate means;
Amendment 1351 #
Proposal for a directive
Annex V – point 2 – point a – paragraph 2 – introductory part
Annex V – point 2 – point a – paragraph 2 – introductory part
Amendment 1371 #
Proposal for a directive
Annex VI – point 1
Annex VI – point 1
(1) The competent authority and the operator(s) responsible for urban wastewater collection and treatment services and their contact information, and for urban wastewater treatment operators with a p.e. of more than 50 000, including information on the ownership structure of the operators and their contact information.
Amendment 1372 #
Proposal for a directive
Annex VI – point 2 – introductory part
Annex VI – point 2 – introductory part
(2) The total urban wastewater load expressed in population equivalents (p.e.) generated in the agglomerationservice area, with details on the share of that load (in %) that is:
Amendment 1378 #
Proposal for a directive
Annex VI – point 5
Annex VI – point 5
(5) tTotal annual investment costs and total annual operational costs, with. For urban wastewater treatment operators with a p.e. of more than 50 000, this shall include a distinction between collection and treatment costs, total annual costs related to staff, energy, consumables, administration and other costs as well as average annual investment and operational costs per household and per cubic meter of urban wastewater collected and treated;
Amendment 1379 #
Proposal for a directive
Annex VI – point 6
Annex VI – point 6
(6) information on how the costs referred to in point 5 are covered and, where costs are recovered through a tariff system, information on the structure of the tariff per cubic meter of urban wastewater collected and treated information on the structure of the tariff either per cubic meter of urban wastewater collected and treated or per cubic meter of water supplied, and for urban wastewater treatment operators with a p.e. of more than 50 000, including fixed and variable costs and a breakdown between costs for collection, treatment, administration and other costs;
Amendment 1381 #
Proposal for a directive
Annex VI – point 7
Annex VI – point 7
(7) investment plans for urban wastewater collection and treatment infrastructures at agglomerationservice area level, with foreseen impacts on urban wastewater services tariffs, and intended financial and societal benefits;
Amendment 1388 #
Proposal for a directive
Annex VI – point 10
Annex VI – point 10
(10) a summary of the naturefor urban wastewater treatment operators with a p.e. of more than 50 000, where available, a summary and statistics regarding complaints and of the answers providreceived by the urban wastewater treatment plant operators on matters falling within the scope of this Directive.
Amendment 1393 #
Proposal for a directive
Annex I – Section D – Point 3 – Table - Row 2
Annex I – Section D – Point 3 – Table - Row 2
— 10 000 to 49 999 TwoOne samples per month p. e.: For micro-pollutants, one sample per three month s
Amendment 1394 #
Proposal for a directive
Annex I – Section D – Point 3 – Table - Row 3
Annex I – Section D – Point 3 – Table - Row 3
— 50 000 to 99 One sample per two weeks. 999 p.e. : For micro-pollutants, twoone samples per week two months
Amendment 1395 #
Proposal for a directive
Annex I – Section D – Point 3 – Table - Row 4
Annex I – Section D – Point 3 – Table - Row 4
— 100 000 p.e. or One sample per dayweek over: For micro-pollutants, two one samples per week month
Amendment 1397 #
Proposal for a directive
Annex I – Table 2 - Row 2
Annex I – Table 2 - Row 2
Total 2 90 Molecular absorption phosphorus spectrophotometry 0,5 mg/L (from 100 000 p.e.) 1 mg/L (10 000 to 100 000 p.e.)
Amendment 1402 #
Proposal for a directive
Annex I – Section 1 - table 1
Annex I – Section 1 - table 1
Total nitrogen 6 mg/L (from 100 000 85 Molecular absorption p.e.) spectrophotometry 10 mg/L (10 000 to 100 000 p.e.)