The use of reclaimed water is a sustainable solution to address water scarcity. The regulatory framework for the production and use of reclaimed water has been adapted in several European countries, each with its own specific approach. Spain, Portugal, Andorra and France have implemented regulations that seek to ensure safety and efficiency in the reuse of treated water. The regulatory frameworks for each country are explained below:
SPAIN
In Spain, at the end of last year (22 October 2024), the Council of Ministers, at the proposal of the Ministry for Ecological Transition, gave the green light to Royal Decree 1085/2024, which approved the Regulation on water reuse and amended various royal decrees regulating its management.
Following the approval of European Regulation 2020/741 on the reuse of water for agricultural purposes and the amendment made in 2023 to the Consolidated Text of the Water Law, it was necessary to complete the regulations.
The main impact of the publication of RD 1085/2024 is to clarify the legal framework for water reuse, complementing the EU Regulation and ensuring that the water generated is safe for the established uses.
The final publication of RD 1085/2024 has generated widespread interest globally in the issues addressed in I-ReWater, creating positive synergies with our project. In our case, knowledge of the previous drafts of the RD during the development of our proposal has not had any impact on the work contemplated in the report approved by the Interreg Sudoe Programme.
PORTUGAL
In Portugal, Decree-Law No. 119/2019 of 21 August established the legal framework for the production of water for reuse obtained from the treatment of wastewater, as well as its use for non-potable purposes.
This law closed gaps in the quality criteria for water for reuse (REUSE) and established quality and control requirements, as well as the main tasks for managing the risks associated with its use.
This legislation was based on a ‘fitness for use’ approach, which aimed to adapt the quality of water for reuse to each application, establishing quality standards for irrigation, urban and industrial uses.
The decree was recently updated by Decree-Law No. 11/2023 of 10 February, which reformed and simplified the associated environmental regulations.
Its implementation is accompanied by a ‘Guide for the reuse of water for non-potable uses’, which is a complementary framework tool for the model for the management of the production and use of water for reuse for non-potable uses, [Agência Portuguesa do Ambiente, 2019]. It is also a useful reference to support the development of risk assessment and management for water reuse projects.
FRANCE
In France, European Regulation 2020/741 on the reuse of reclaimed water for agricultural purposes has led to several projects to amend existing national legislation since 2010.
The Water Plan presented on 30 March 2023 by the President of the Republic also confirmed support for changes in water uses, procedures and quality requirements to increase the use of non-conventional water.
In this vein, Decree No. 2023/835 of 29 August 2023 on the uses and conditions for the use of rainwater and reclaimed water was published. Among other provisions, it no longer imposed a mandatory five-year limit on projects. Specific orders for certain uses were then quickly published: the Order of 14 December 2023 on the conditions for the production and use of reclaimed water for the irrigation of green spaces, and the Order of 18 December 2023 on the conditions for the production and use of reclaimed water for crop irrigation.
An order is currently being prepared for urban uses (street cleaning, hydrocleaning, firefighting, etc.) and an order on the use of reclaimed water in the food sector was published on 8 July 2024.
ANDORRA
In the case of Andorra, the process of developing specific regulations to govern this new resource began in earnest in 2023 with its participation in the I-ReWater project, which aims to increase resilience in the context of climate change and, specifically, to evaluate the use of reclaimed water in agriculture at a technical level.
The Andorran government is currently working on a Water Law that will include a regulatory framework for the reuse of reclaimed water.
To date, the production and use of this new resource in the Principality of Andorra is not covered by current legislation, although it is an issue that has already been included in the government’s strategy to address an environmental problem and a need that affects the general population due to water scarcity.
