Scope:

Time period: from 1991 to 2014 (last reporting cycle)

Geographic Scope: All Member States (including UK).

Evaluation findings:

Findings of both the Joint Research Centre and the European Environment Agency demonstrate that the implementation of the Directive has resulted in an improved aquatic environment in the EU by decreasing nitrogen and phosphorus emissions to rivers and seas by 32% and 44 % respectively. It is now important to address remaining pollution from storm water overflows, small agglomerations and other sources, as well as address under-performing individual wastewater systems.

The evaluation showed that, although the Directive is expensive to implement, the benefits clearly outweigh the costs. EU Member States struggling with its implementation have received technical support and substantial EU funding to reach compliance, through the delivery of infrastructure, whilst avoiding water affordability issues. Since the Directive was introduced, EUR 38.8 billion of Cohesion funding have been allocated to the wastewater sector. Implementing this Directive moreover continues to be essential to support meeting the objectives of other EU legislation, including the Water Framework Directive and the Marine Strategy Framework Directive. It also forms a strong base for EU business leadership, with 8 of the 15 biggest global water companies being based in the EU.

The evaluation identified outstanding issues to be addressed. The rate of implementation needs to improve to increase compliance levels in a number of Member States. Storm water overflows are a significant pressure on water bodies and, with further urbanisation and climate change effects, will be an increasingly important source of pollution. Individual and other non-centralised collection systems can be an environmental issue if unmonitored or insufficiently managed. Small agglomerations or non-connected dwellings are a significant pressure on 11% of the EU’s surface water bodies.

As well as these gaps, the Directive – given that it came into force in 1991 – does not adequately deal with emerging concerns such as pharmaceuticals and microplastics, that often reach water bodies through the wastewater system; this weakness was previously identified in the Strategic Approach to Pharmaceuticals in the Environment and the Plastics Strategy. The analysis also showed that the wastewater sector is capable of contributing further to reaching EU-wide climate and energy targets. The wastewater treatment sector uses 0.8% of all EU energy consumption. At the same time there are already treatment plants that are energy neutral or energy producing. In addition, there is potential to align the Directive better with the circular economy through improved resource recovery.

A last and important focus is on the requirements of the Directive regarding reporting and information to the public and how they are implemented at Member State level. These requirements are rather outdated, and there is a real opportunity to deliver data and messages more efficiently and effectively.

Estimated savings and benefits

In total, the EU-wide benefits are estimated at EUR 27.6 billion annually at current implementation levels, and this increases to about EUR 30.6 billion annually under full implementation, although this estimate is based on assumptions and is subject to some uncertainties.

The administrative burden is overall moderate: EUR 126 000 p.a. for the entire EU. There might be some potential to reduce burden by aligning the directive better with other directives such as the Sewage Sludge Directive and the Water Framework Directive. Considerations as regards alignment need to also take into account the importance of reporting for enforcement purpose and the potential benefits lost if less (or less frequently) information is provided.

Which objective(s) does the Commission pursue?

The Commission presented a proposal to revise the Directive in late October 2022. This was supported by an impact assessment (SWD(2022) 541).

The proposal for revising the rules on treating urban wastewater aims to protect better the health of Europeans and the environment. More specifically, the revision aims to:

• Make the wastewater sector energy-neutral and move it towards climate neutrality by reducing energy use, using the larger surfaces of some wastewater treatments plants to produce solar/wind energy, encouraging water reuse and using sludge to produce biogas, which can substitute natural gas.  

• Make industry responsible for treating toxic micropollutants (“polluter pays” principle) that are released into the environment from the use of their products, especially harmful residues from the pharmaceutical and cosmetics sector.

• Improve access to sanitation in public spaces and for the 2 million most vulnerable and marginalised people in the EU.

• Require the monitoring of health parameters in wastewater in order to enhance the EU's preparedness against pandemics or other major public health threats, as is currently being done for COVID-19.

The changes are estimated to increase costs by 3.8% (to €3.8 billion a year in 2040) for a benefit of over €6.6 billion a year, with a positive cost-benefit ratio in each Member State.

In line with the conclusions of the Evaluation, some clarifications and simplifications are proposed to be introduced. This is the case for instance for rain waters and Individual Appropriate Systems, for which the new requirements will clarify what is expected from Member States. Some obsolete articles will be removed from the text such as the possibility to designate ‘less sensitive’ areas or to reduce the requirements in coastal zones – two possibilities only used in one region of one Member State. Efforts were also made to limit reporting to essential elements which then will be used for assessing compliance or tracking progress on emission reductions. These efforts combined with the use of digital tools are expected to limit administrative burden while improving the quality and the rapidity of collected data.