27 Amendments of Lynn BOYLAN related to 2018/0169(COD)
Amendment 33 #
Proposal for a regulation
Recital 6
Recital 6
(6) Reuse of appropriately treated waste water, for example from public urban waste water treatment plants or public 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 lack of common Union environmental or health standards for water reuse, and, as regards in particularto agricultural products in particular , the potential obstacles to the free movement of such products irrigated with reclaimed water.
Amendment 74 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) In order to support the Member States in implementing these measures, the Commission shall establish, in cooperation with the Member States, a Union Water Poverty Observatory, with the aim of promoting the development of common indicators to asses physical and economic access to water, of providing a user-friendly and open access resource that will promote public engagement on the issue of water for all, of facilitating knowledge sharing among stakeholders, as well as of supporting informed decision making at local, national and Union level.
Amendment 75 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19 b) The European Commission in cooperation with Member States and competent authorities must ensure universal and affordable access to such water for all in the Union.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This regulation aims to ensure water as a public good, freely accessible, as well as a human right for all.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2 b. This Regulation must urge National and European institutions, together with the respective civil societies of each Member State, to guarantee access to water and ensure it as a human right in legislation. In addition, the State must guarantee universal access to water for its population, particularly vulnerable and marginalised groups.
Amendment 89 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. 'competent authority' means an public authority or body designated by a Member State to carry out obligations arising from this Regulation;
Amendment 160 #
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. Evaluation of risks and responsibilities should also be shared by all stakeholders involved in the water reuse project, from the responsible body of the project until the end-user.
Amendment 170 #
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 water for particular uses should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. Where an environmental impact assessment has concluded on the need for certain infrastructure, national timeframes shall be put in place for the delivery of this infrastructure in order to uphold public health and environmental standards. Such timeframes shall take into consideration the timeline for the grant of permits in the Member State, but shall not be longer than 12 months. 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, always ensuring that all preventive measures have been implemented in accordance with the water hierarchy, and taking into account the cost benefit dimension. 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 179 #
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 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, notably article 1.b and the obligations set out in articles 5.1 and 8.1.(i) therein, 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 218 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The purpose of this Regulation is to guarantee that reclaimed water is safe for its intended use, thereby ensuring a high level of protection of human and animal health, and the environment, addressing water scarcity andat reclaimed water operations are done in line with the EU environmental objectives, in particular addressing the resulting pressure on water resources in a coordinated way throughout the Union, thus also contributing to the efficient functioning of the internal market. In order to prevent any possible contamination of water resources used for drinking water purpose, reuse of treated waste water shall not be authorised in catchment areas of aquifers used for drinking water supply.
Amendment 264 #
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 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 271 #
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 plantfacility;
Amendment 290 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
12. ‘point of delivery’ is the point where the reclamation facility operator gives the reclaimed water to the next actor in the chain to supply reclaimed water.
Amendment 291 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
13. ‘point of compliance’ is the point of delivery.
Amendment 297 #
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 303 #
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 316 #
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 operatorlevant public authority in consultation with the following actors:
Amendment 320 #
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 water, if different from the reclamation plantfacility operator;
Amendment 324 #
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 334 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The elaboration of the Risk Management Plan shall: include an overall environmental and human health risk assessment; ensure stakeholder engagement; define the relevant quality class to be applied.
Amendment 348 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An operator 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 operates or is planned to operate. Member States may also decide to apply permit and procedures already existing within their legislation of the granting environmental permits.
Amendment 367 #
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 permit. Where the competent authority needs more time due to the complexity of the application, it shall inform the applicantassess if all preventive measures have been implemented in accordance with the water hierarchy, taking into account the cost benefit dimension and shall ensure that the new permit will not increase global water use in the reof, indicate the expected date of granting the permigion, but will be a necessary replacement that cand improvide reasons for the extensione ecological status of water bodies.
Amendment 370 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Where the competent authority decides to grant a permit, it shallmay apply the already existing timeline set in its national environmental permit system, if appropriate. It shall also determine the conditions applicable, which shall include the following, as applicable:
Amendment 395 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Without prejudice to Directives 2003/4/EC and 2007/2/EC and to Article 9.4 of Directive 2000/60/EC, Member States shall ensure that adequate and up-to- date information on reuse of water is available online to the public. That information shall include the following:
Amendment 457 #
Proposal for a regulation
Annex II – point 3
Annex II – point 3
3. Identify the environments, populations and individuals at risk of direct or indirect exposure to the identified potential hazards, taking into account specific environmental factors such as local hydrogeology, topology, soil type and ecology, and factors related to the type of crops and farming practices. Possible irreversible or long-term negative effects of the water reclamation operation have to be considered as well, in particular potential negative impacts on the ecological flows.
Amendment 458 #
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, the potential impact on the minimum ecological equilibrium, as well as all relevant Union and national legislation, guidance documents and minimum requirements in relation to food and feed and worker safety and environmental objectives. Scientific uncertainty in risk characterisation shall be addressed in accordance with the precautionary principle.
Amendment 460 #
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;