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Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

article  9

CELEX:  02024L3019-20241212

Extended producer responsibility
1. Member States shall take measures to ensure that by 31 December 2028, producers who place any of the products listed in Annex III on the market have extended producer responsibility. Such measures shall ensure that those producers cover:
(a) at least 80 % of the full costs for complying with the requirements set out in Article 8, including the investment and operational costs for the quaternary treatment of urban wastewater to remove micropollutants resulting from the products they place on the market and from the residues of those products, and for the monitoring of micropollutants referred to in Article 21(1), point (a);
(b) the costs for gathering and verifying data on products placed on the market; and (c) other costs required to exercise their extended producer responsibility.
Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

article  9

CELEX:  02024L3019-20241212

2. Member States shall exempt producers from their extended producer responsibility under paragraph 1 where the producers can demonstrate any of the following:
(a) the quantity of the substances contained in the products they place on the Union market is below 1 tonne per year;
(b) the substances contained in the products they place on the market are rapidly biodegradable in wastewater or do not generate micropollutants in wastewater at the end of their life.
3. Member States shall ensure that the producers referred to in paragraph 1 exercise their extended producer responsibility collectively through an organisation that fulfils the minimum requirements set out in Article 10. Member States shall ensure that:
Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

article  9

CELEX:  02024L3019-20241212

(a) those producers are required to provide the producer responsibility organisations once a year with the following:
(i) the annual quantities of the substances contained in products listed in Annex III that they place on the market in the context of their professional activity;
(ii) information on the hazardousness of the substances contained in products referred to in point (i) in the urban wastewater and on their biodegradability at the end of their life;
(iii) when relevant, a list of products exempted in accordance with paragraph 2;
(b) those producers are required to contribute financially to the producer responsibility organisations in order to cover the costs arising from their extended producer responsibility;
(c) each producer’s contribution, as referred to in point (b), is determined on the basis of the quantities and hazardousness in the urban wastewater of the substances contained in the products that are placed on the market;
Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

article  9

CELEX:  02024L3019-20241212

(d) producer responsibility organisations are subject to annual independent audits of their financial management, including their capacity to cover the costs referred to in paragraph 1, the quality and adequacy of the information collected under point (a) and the adequacy of the contributions collected under point (b);
(e) the measures necessary to inform consumers about waste prevention measures, take-back and collection systems, and the impact of inappropriate means of waste disposal of the products listed in Annex III, as well as their mis- and over-use, on the collection, treatment and discharge of urban wastewater are taken.
Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

article  9

CELEX:  02024L3019-20241212

4. Member States shall ensure that:
(a) the roles and responsibilities of all relevant actors involved, including the producers referred to in paragraph 1, producer responsibility organisations, private or public operators of urban wastewater treatment plants and local competent authorities, are clearly defined;
(b) urban wastewater management objectives are established in order to comply with the requirements and deadlines set under Article 8(1), (4) and (5) and any other quantitative or qualitative objectives that are considered relevant for the implementation of the extended producer responsibility;
(c) a reporting system is in place to gather data on the products referred to in paragraph 1 placed on the market by the producers and data on the quaternary treatment of urban wastewater, as well as other data relevant for the purposes of point (b) of this paragraph;
(d) competent authorities communicate and exchange the necessary data with other relevant competent authorities on a regular basis in order to fulfil the requirements of this Article and of Article 10.
Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

article  9

CELEX:  02024L3019-20241212

5. The Commission is empowered to adopt implementing acts to establish detailed criteria on the uniform application of the condition laid down in paragraph 2, point (b), to specific categories of product and their biodegradability or hazardousness. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2) no later than 31 December 2027.