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Commission decides to refer Spain to the Court of Justice of the European Union for failing to comply with the Urban Wastewater Directive
Today, the European Commission decided to refer Spain to the Court of Justice of the European Union for failing to fully comply with the collection, treatment and monitoring obligations set in the Urban Waste Water Treatment Directive (Council Directive 91/271/EEC).
Untreated wastewater can put human health at risk and pollutes lakes, rivers, soil and coastal waters and groundwater. The Directive protects both water quality and human health by requiring that Member States collect and treat their urban wastewater for all agglomerations of 2,000 people or more before it is discharged into the environment. Member States should also ensure that discharges from urban wastewater treatment plants remain compliant over time with the Directive's requirements. Correct implementation of the Urban Wastewater Treatment Directive thus contributes to water resilience across the EU.
In 15 agglomerations, Spain still needs to ensure that they benefit from wastewater collection systems and that, where the use of individual or other appropriate systems is justified, they achieve the same level of environmental protection of a collecting system.
In 39 agglomerations, Spain is still failing to ensure secondary treatment of the entire agglomerations' pollution load and/or fails to meet the treatment requirements for the discharges into normal areas after treatment.
In 8 agglomerations, Spain fails to ensure tertiary treatment of the entire agglomerations' pollution load and/or fails to meet the treatment requirements for the discharges into sensitive areas after treatment.
Finally, in 52 agglomerations, Spain fails to ensure that discharges from treatment plants are monitored to verify compliance.
The Commission sent a letter of formal notice to Spain in October 2017 and a reasoned opinion in November 2019. The Commission considers that efforts made by the Spanish authorities have, to date, been insufficient and is therefore referring Spain to the Court of Justice of the European Union.
Background
Under the Urban Wastewater Treatment Directive, Member States must have collecting systems in place for all agglomerations with at least 2,000 inhabitants. Where the establishment of a collecting system is not justified, notably because it would entail excessive costs, individual or other appropriate systems can be used instead, provided they achieve the same level of environmental protection.
Member States must also ensure that discharges from urban wastewater treatment plants serving agglomerations with at least 2,000 inhabitants comply with at least the secondary treatment level (which involves treating organic matter in urban wastewater) before being released in the environment. In case of large agglomerations (population of 10,000 and more) that discharge into a zone sensitive to eutrophication, more stringent (tertiary) treatment is required. This includes the removal of nitrates or phosphorus, which act as fertilisers.
For more information
Infringement decisions database and infringements map and graphs
Infringement procedure Spain (INFR(2017)2100)