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Drinking water, permits and wastewater in focus of EU December infringement package

  • Drinking water, permits and wastewater in focus of EU December infringement package

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As part of its December infringement package, the European Commission has taken a series of enforcement actions under EU water legislation, addressing shortcomings in drinking water quality rules, water resource management and urban waste water treatment across several Member States.

In the case of Belgium, the Commission has opened an infringement procedure by sending a letter of formal notice for the incorrect transposition of the Drinking Water Directive. The Directive is designed to improve water resilience across the EU, protect human health through updated quality standards, address pollutants such as endocrine disruptors and microplastics, and reduce water leakages. A conformity check identified non-compliant transposition at both federal and regional levels, including deficiencies in risk assessments related to domestic distribution systems, drinking water quality monitoring and information provided to the public. Belgium now has two months to respond.

For Cyprus, the Commission has moved to the next stage of enforcement by issuing a reasoned opinion over failures to comply with the Water Framework Directive. National legislation does not require periodic reviews of water permits, despite EU rules obliging Member States to regularly assess whether permits continue to meet objectives for protecting rivers and lakes. Although Cypriot authorities acknowledged the need to amend the legislation following a formal notice in November 2024, the necessary changes have yet to be adopted.

Similar concerns arise in Slovenia, where the Commission has also sent a reasoned opinion under the Water Framework Directive. Reviews of water abstraction permits and concessions are carried out only when triggered by monitoring or controls. Given that permits may last up to 30 years and concessions up to 50 years, the Commission considers that the absence of mandatory periodic reviews fails to ensure compliance with EU requirements.

More severe enforcement measures have been taken against Portugal, which has been referred to the Court of Justice of the European Union for breaches of the Urban Waste Water Treatment Directive. Based on data submitted in 2020 and 2022, several agglomerations continue to discharge urban waste water without the required secondary or more stringent treatment, despite some progress recorded by the authorities.

A second referral to the Court concerns Ireland, which has failed to comply with a 2019 judgment on urban waste water treatment. While compliance issues have been resolved in 20 agglomerations, eight remain in breach, including failures to adequately treat waste water, properly control overflows and apply more stringent treatment in sensitive areas. The Commission is seeking financial sanctions, citing insufficient progress.

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