Commission Delegated Regulation (EU) 2024/1765 of 11 March 2024 supplementing Regulation (EU) 2020/741 of the European Parliament and of the Council with regard to technical specifications of the key elements of risk management

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (1), and in particular Article 5(5), second subparagraph, thereof,

Whereas:

(1) Regulation (EU) 2020/741 sets out the minimum requirements for safe water reuse for agricultural irrigation. Article 6 of that Regulation requires that production and supply of reclaimed water is subject to a permit, and that such permit is to be based on a risk management plan. Article 5(3) of that Regulation requires in turn for the water reuse risk management plans to be based on the elements of risk management set out in Annex II to that Regulation.

(2) Developing a water reuse risk management plan can be a complex exercise, requiring a multidisciplinary approach and the involvement of several actors in its preparation. For this reason, it is necessary to lay down technical specifications of the key elements of risk management set out in Annex II to Regulation (EU) 2020/741 to ensure that the water reuse risk management plans are robust, of high quality, and based on a systematic approach. The aim is to set out in more detail how the authors of the risk management plan and the risk assessors involved in its establishment should appropriately consider all the key elements through a structured and comprehensive analysis of the water reuse system. It should be possible to use existing risk assessment and management protocols to prepare a risk management plan, provided that the technical specifications set out in this Delegated Regulation are respected.

(3) For the risk management plans to provide solid evidence to underpin the establishment of preventive measures and barriers and to ensure that irrigation with reclaimed water is safe for human and animal health and the environment, it should be supported by the most reliable scientific evidence available and other supporting sources, fully documented in the risk management plan.

(4) Water reuse systems in place in Member States may differ in their set up and may serve a large number of end-users. Moreover a single risk management plan may cover more than one water reuse system, in accordance with Regulation (EU) 2020/741. The technical specifications of the key elements of risk management should be sufficiently flexible to accommodate these differences, while providing a comprehensive overview of the system and sufficient information to make it possible to identify all potential risks involved,

HAS ADOPTED THIS REGULATION:

Article 1

The technical specifications of the key elements of risk management laid out in Annex II to Regulation (EU) 2020/741 are set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 March 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 177, 5.6.2020, p. 32, ELI: http://data.europa.eu/eli/reg/2020/741/oj.