On June 26, 2023, the Water Reuse Regulation (EU) No 2020/741, for the reuse of waste water in agriculture, has entered into force. However, its concrete application in Member States is still problematic, although the scarcity of agricultural water represents an increasingly serious threat. An in-depth look.
1) Water Reuse Regulation (EU) No 2020/741
Water Reuse Regulation (EU) No 2020/741, as we have seen, establishes uniform requirements for the reuse of waste water in agriculture (refined water), subject to treatment in accordance with Urban Waste Water Treatment Directive (UWWTD) 91/271/EEC. (1) The objective of the WRR is to limit the pressure exerted on the water resources of the European Union (EU) in terms of quantity and food safety, having regard to the levels of contamination from chemical substances of different nature (i.e. pesticides, nitrates). (1)
Member States are responsible for carrying out an accurate risk assessment which must consider the chemical-physical-microbiological aspects of the water to classify it into four categories (A,B,C,D) – in relation to which intended uses, qualitative requirements are defined , minimum monitoring frequencies and validation parameters – i.e. establishing the incompatibility of their reuse in agriculture.
2) Reuse of wastewater in agriculture
The reuse of waste water treated is permitted in agriculture – for specific types of crops, in compliance with other EU regulations – as well as for industrial, civil and environmental uses.
Uses in agriculture are regulated with specific regard to the different types of crops:
– intended for human consumption in the raw or unprocessed state
– processed, i.e. intended for human consumption after a transformation process (cooking or industrial processing)
– non-food, i.e. not intended for human consumption (eg pastures and fodder, fibre, ornamental, seed, energy and turf crops).
3) European Commission, the guidelines
The European Commission published the guidelines for the implementation of the Water Reuse Regulation, pursuant to art. 11.5. (2) In extreme summary:
– the competent authorities designated by the Member States are responsible for verifying and monitoring the application of the regulation by the responsible bodies and entities, issuing permits and imposing sanctions, where applicable, on the basis of the provisions that each Member State must adopt
– Member States must implement water reuse awareness campaigns and establish contact points for cooperation with other Member States
– the document illustrates technical aspects relating to the elements to be taken into consideration for risk assessment and management, the classes of reclaimed water and the crops where they can be used for irrigation, the validation controls
– In the Annex there are some examples of dangers that can arise from the use of refined water. Their potential impacts on soils, freshwater resources and crops during irrigation, with particular regard to chemicals present in treated waters (e.g. nitrogen, phosphorus, salinity, chloride, sodium)
– the Annex also includes some examples of methods for risk assessment, preventive measures and barriers, as well as emergency management methods and protocols.
4) Risk management, technical specifications
Delegated Regulation (EU) No 2024/1765 reports the technical specifications on the main elements of risk management, defined in Annex II to Water Reuse Regulation (3). With the aim of establishing uniform conditions for defining risk management plans necessary for the issuing of the permits required for the production and supply of refined water intended for irrigation purposes in agriculture.
Wide margins of flexibility, in the application of the technical specifications, are foreseen in relation to the variety of possible scenarios developed by the Member States and the high number of end users of water reuse systems. Also having regard to the possibility that individual risk management plans may include multiple reuse systems.
The technical specifications include 23 elements that Member States must consider when drafting the risk management plan (i.e. reclaimed water production process, storage, distribution, irrigation techniques, intended uses, crop categories), with the support of the Commission guidelines (see above, paragraph 3).
5) WRR, application in Member States
The decisions of the member States not practicing – or limiting – the reuse of water can be justified by particular geographical and climatic conditions, pressures on water resources and their state, environmental and economic costs associated with reuse.
In some cases, for example, the wide availability of fresh water and low water needs could justify the decision not to invest in wastewater reuse.
5.1) Data and initiatives
WISE-Freshwater is the Commission’s web portal that allows you to compare data and statistics, at EU and Member State level, on the implementation of policies and regulations for water reuse. With access to maps and the results of expert assessments on situations in individual territories. (4)
#WaterWiseEU is the campaign to raise awareness among EU citizens on the causes of the continuous stress to which water bodies are subjected. You can understand why water cycles have been disrupted and learn about steps being taken to reduce losses and underlying issues. (5)
5.2) Water management, the disaster in Italy
Water management in Italy has serious problems, highlighted on the national #WaterWiseEU campaign page:
– at least 11% of waste water is not treated in accordance with EU legislation
– over 40% of public water is wasted due to leaks in water systems
– national consumption is higher than the national average of the Member States (+ 25%).
Italy has already undergone four infringement procedures and three convictions of the Court of Justice of the European Union, as we have seen, for serious failures to implement Directive 91/271/EEC on waste water treatment. (6)
The Lombardy region, meanwhile, has developed technical guidelines on water reuse and technologies that can be used in agriculture, as part of the Interreg AQUARES project. (7)
6) WRR, the challenges to face
SuWaNu Europe – a recent study funded in the Horizon 2020 program – assessed:
– the opportunities offered by Water Reuse Regulation for players in the water treatment supply chain and suppliers of the related technologies
– the existing barriers to correctly implement the regulation with respect to the circular economy objectives. (8)
A substantial criticality lies in the regulatory complexity, since the preservation and treatment of water are still governed by directives – such as the UWWTD and the WFD (Waste Framework Directive 2000/60/EC) – implemented with non-uniformity in the various Member States.
6.1) Unresolved problems
Countries with water scarcity tend to identify obstacles in the costs of water treatment and reuse, rather than in possible consumer resistance. Those with great willingness instead focus on social and governance issues to promote cooperation between farmers and food supply chains.
Researchers therefore suggest strengthening cooperation between stakeholders by promoting the economic and social benefits associated with the reuse of refined wastewater in agriculture. We must therefore not neglect communication to citizens and consumers, in addition to the fundamental technological and technical aspects.
7) Urban Waste Water Treatment Directive, proposed revision
The proposed revision of Urban Waste Water Treatment Directive (UWWTD), after three decades and repeated modifications, was presented in 2022 by the European Commission to the Parliament (which has already adopted a resolution on the matter) and the Council. (9)
The document introduces new rules on the reuse of water and urban and non-domestic wastewater discharges, so that the competent authorities or authorized bodies can adopt the necessary measures or revoke authorizations, in case of non-compliance (i.e. failure to reduce and prevent the sources of pollution in wastewater).
Exceptions for the tertiary treatment of urban wastewater intended for agricultural production, provisions have been made for the cases in which:
– the nutrient content in the reused fraction does not exceed the demand of the crops concerned;
– there are no risks to human health and the environment, especially in terms of pathogenic microorganisms and water eutrophication;
– the treatment plant has sufficient capacity to treat or store urban wastewater, avoiding discharges into unsuitable containers.
The new directive aspires to encourage the development of a market for nutrients from wastewater and sludge, encouraging their recovery and reuse in agriculture. With attention, in the case of sludge, to the presence of microplastics whose monitoring is assigned to the competent authorities or authorized bodies of the Member States.
8) Provisional conclusions
Evaluation and review of the Water Reuse Regulation are expected by 26 June 2028, within five years of its theoretical application. Member States must carry out appropriate evaluations and studies, through research and pilot projects, with the aim of identifying and implementing best practices and technologies.
Wastewater treatment and their reuse in agriculture, after verifying that they present qualitative parameters compliant with the requirements established for the various types of reference crops, is essential for the protection of water resources intended for other uses, (in primis) drinking water.
Dario Dongo and Andrea Adelmo Della Penna
Footnotes
(1) Dario Dongo, Ylenia Patti Giammello. Agricultural waters and food safety, reg. EU 2020/741. The ABC. GIFT (Great Italian Food Trade).
(2) Communication from the Commission. Guidance to support the application of Regulation (EU) 2020/741 on minimum requirements for water reuse (2022/C 298/01) https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52022XC0805(01)
(3) Commission Delegated Regulation (EU) 2024/1765 of 11 March 2024 supplementing Regulation (EU) 2020/741 of the European Parliament and of the Council as regards the technical specifications of the main elements of risk management http://data.europa.eu/eli/reg_del/2024/1765/oj
(4) See https://water.europa.eu/freshwater
(5) See https://environment.ec.europa.eu/topics/water/water-wise-eu_en
(6) Irrigation reuse was regulated by the decree of 2 May 2006, pursuant to art. 99, paragraph 1 of the legislative decree. lgs. n. 152/2006. However, due to the lack of the preventive and necessary control by the Court of Auditors within the expected timeframe, it was considered not legally productive of effect and ineffective, keeping the provision of decree no. valid. 183/2005. V. https://www.gazzettaufficiale.it/eli/id/2006/06/26/06A05944/sg
(7) AQUARES A1.3 – Water reuse technology application guide. https://projects2014-2020.interregeurope.eu/fileadmin/user_upload/tx_tevprojects/library/file_1602654845.pdf
(8) Berbel G. et al. (2023). Challenges for Circular Economy under the EU 2020/741 Wastewater Reuse Regulation. Global Challenges 7(7):2200232, https://doi.org/10.1002/gch2.202200232
(9) Urban wastewater treatment. European Parliament legislative resolution of 10 April 2024 on the proposal for a directive of the European Parliament and of the Council on urban waste water treatment (recast) (COM(2022)0541 – C9-0363/2022 – 2022/0345(COD)). https://www.europarl.europa.eu/doceo/document/TA-9-2024-0222_IT.pdf
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Food Technologies and Biotechnologies, qualified food technologist, he follows the research and development area. With particular regard to European research projects (in Horizon 2020, PRIMA) where the FARE division of WIISE Srl, a benefit company, participates.
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