Minimum requirements for water reuse

SUMMARY OF:

Regulation (EU) 2020/741 on minimum requirements for water reuse

WHAT IS THE AIM OF THE REGULATION?

It sets out harmonised parameters to guarantee the safety of water reuse in agricultural irrigation, with the aim of encouraging this practice and helping to address droughts and water stress.
It also aims to contribute to the UN sustainable development goals, in particular goal 6 on the availability and sustainable management of water and sanitation for all and goal 12 on sustainable consumption and production.

KEY POINTS

The regulation sets out minimum requirements for water quality and monitoring along with rules on risk management, for the safe use of reclaimed water for agricultural irrigation in the context of integrated water management.

It builds on two European Commission communications:

the 2012 blueprint to safeguard Europe’s water resources (see summary); and
the 2015 EU action plan for the circular economy, which committed to a series of measures to promote the use of treated waste water and to a legal proposal setting out minimum requirements for water reuse.

Scope

The regulation applies whenever treated urban waste water is reused, in accordance with Article 12(1) of Directive 91/271/EEC on urban waste water, for agricultural irrigation (see summary).
An EU Member State can decide that it is not appropriate to reuse water for agricultural irrigation in one or more of its river basin districts or parts thereof, on the basis of specific criteria:
- the geographic and climatic conditions of the district or parts thereof;
- the pressures on and the status of other water resources;
- the pressures on and the status of the surface water bodies in which treated urban waste water is discharged;
- the environmental and resource costs of reclaimed water and of other water resources.
Such a decision must be duly justified and regularly reviewed to take into account changing circumstances, such as climate change projections and national climate change adaptation strategies, along with the river basin management plans drawn up in accordance with the water framework directive (Directive 2000/60/EC – see summary).
The regulation allows for time-limited exemptions from the rules for research or pilot projects, subject to certain conditions.

Reclaimed water quality

The reclamation facility operator must ensure that reclaimed water intended for agricultural irrigation complies with:

the minimum requirements for water quality set out in Annex 1 to the regulation, covering microbiological elements (such as levels of Escherichia coli bacteria) and monitoring requirements for routine and validation monitoring;
any additional conditions concerning water quality set by the relevant authority in the relevant permit issued.

Risk management

The relevant national authority must ensure that a water-reuse risk management plan to produce, supply and use reclaimed water is drawn up.
The water-reuse risk management plan can be drafted by the reclamation facility operator, other parties in the water-reuse project or the end users, as appropriate, and it must identify the risk management responsibilities of all parties in the water-reuse project.
It must, in particular, set out any additional water quality requirements, identify appropriate preventive and/or corrective measures and identify any additional barriers or measures to ensure the safety of the system.

Permit obligations

The production and supply of reclaimed water for agricultural irrigation requires a permit.
Parties concerned must submit an application to the relevant national authority.
The permit sets out the obligations of the reclamation facility operator and, where relevant, of other parties involved in the water-reuse system, which are based on the risk management plan. They must specify a number of elements, including:
- the reclaimed water quality class or classes and the agricultural use for which the reclaimed water is permitted, the place of use, the reclamation facilities and the estimated yearly volume of the reclaimed water to be produced;
- conditions in relation to the minimum requirements for water quality and monitoring;
- conditions in relation to additional requirements for the reclamation facility operator, set out in the water-reuse risk management plan;
- any other conditions necessary to eliminate any unacceptable risks to the environment and to human and animal health;
- the validity period of the permit;
- the point of compliance.
Permits must be regularly reviewed and updated where necessary, and at least when there are significant changes in the treatment processes or in the site conditions.

Compliance checks

The relevant national authority must check compliance with the conditions set out in the permit. This can be done by:
- performing on-the-spot checks;
- monitoring data obtained, in particular pursuant to this regulation;
- any other adequate means.
The regulation also sets out the measures to be taken in the event of non-compliance.
The relevant national authority must also regularly check compliance with risk management plans.

Transparency and information sharing

National contact points must be established to facilitate cross-border coordination where necessary.
To ensure transparency, the regulation also sets out rules on:
- awareness raising;
- information to be provided to the public;
- information on the monitoring of implementation.
The Commission will carry out an evaluation of the regulation by 26 June 2028.

Guidelines

The Commission has published guidelines to help Member States and stakeholders apply the rules on water reuse. The guidelines are complemented by several practical examples to facilitate the application of the rules.

FROM WHEN DOES THE REGULATION APPLY?

It applies from 26 June 2023.

BACKGROUND

For more information, see:

Water reuse (European Commission).

MAIN DOCUMENT

Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, pp. 32–55).