In France, the law is changing to facilitate the reuse of wastewater

While the One Water Summit is being held this December 3 on the sidelines of COP16 on desertification in Riyadh, the question of water governance is increasingly being raised in the context of the fight against climate change. Although promoted for around fifteen years, the large-scale reuse of treated wastewater has long been hampered by overly strict rules. Recent regulatory developments in France, broadening its uses and relaxing their terms, give hope for a wider deployment of the practice.

This December 3, the One Water Summit is being held on the sidelines of COP16 on desertification in Riyadh. It must be said that the question of water governance arises more and more in the context of the fight against climate change. The reuse of treated wastewater (known as “REUT”), for example, which consists of recovering and to treat water from domestic, industrial or agricultural activities in order to revalorize it for various non-potable uses rather than releasing it into the environment as is usually the case.

This practice aims to preserve drinking water resources by replacing treated water with samples taken from groundwater or rivers. In France, it is increasingly seen as a solution to water shortages and recurring droughts.

The current regulatory framework is nevertheless regularly singled out as an obstacle to its development. Although supervision is necessary to guarantee the health safety of this method, the regulations present numerous application constraints which slow down the adoption of REUT on a large scale.

The legal framework surrounding the reuse of unconventional water has, however, greatly expanded over the past year and a half, with no less than eight new texts published between August 2023 and September 2024. These regulations aim to simplify the implementation implementation of the REUT and to define a framework for all possible uses.

A vast reform of the regulatory framework

Until recently, the regulatory framework for the REUT in France dates back to a decree promulgated in 2010 and amended in 2014.

In 2020, European authorities addressed this issue by promulgating Regulation (EU) 2020/741 of the Parliament and of the Council of May 25, 2020 relating to the minimum requirements applicable to the reuse of water. This regulation is directly applicable in the territory of EU member states, and becomes an integral part of French law from its entry into force, which was set for June 26, 2023.

It sets minimum requirements for the quality and monitoring of treated wastewater (EUT) intended to be reused for agricultural purposes, in particular by adopting a so-called “multi-barrier” approach which is a method allowing better risk management.

Furthermore, the regulation left it to the Member States to adopt additional provisions. After the adoption of this regulation, a decree dated March 10, 2022 was published in France: it expands the possibilities of reusing EUTs to all uses not related to food, hygiene or approval. .

1000 projects by 2027

The French government's Water Plan, announced in 2023, highlights the reuse of treated wastewater (REUT) as a flagship measure to face the challenges of water management.

This ambitious plan aims to develop 1,000 reuse projects by 2027 and to reach a rate of 10% of treated wastewater by 2030 compared to less than 1% currently. The government hopes to multiply tenfold the volume of wastewater reused for non-potable purposes, such as agricultural irrigation, urban cleaning and firefighting.

This initiative is part of a broader strategy for sustainable and resilient management of water resources, essential in the face of the impacts of climate change. The stated objective is very clear: we must develop the use of reuse of unconventional water.

Still too much drinking water to clean the streets

The decree of March 10, 2022 mentioned previously was repealed by the decree of August 29, 2023 relating to the uses and conditions of use of rainwater and treated wastewater, which made the authorization procedure simpler, in particular via the establishment of a one-stop shop.

Classic uses of agricultural irrigation and watering of green spaces are mentioned, but also urban uses such as cleaning roads, hydrocleaning networks or fighting fires. In France, many cities clean their streets with drinking water!

This decree of August 2023 was supplemented by two orders, published respectively on December 14 and 18, 2023, setting out the conditions for the production and use of treated wastewater for watering green spaces and irrigating crops.

Uses are strictly regulated, in particular by quality levels to be achieved, in line with the provisions of the 2020 European regulation. The established quality levels are classified from A to D, from the best to the worst, and the uses permits depend on the quality of the available EUTs. A quality A EUT can, for example, be used to irrigate the edible part of food crops consumed raw.

Relaxed rules to promote the practice

Finally, certain uses of EUTs have been authorized in companies in the food sector thanks to the recent decree of January 24, 2024 which proposes various provisions relating to the health safety of water intended for human consumption.

The latter was modified and supplemented by a decree and an order of July 8, 2024. The permitted uses concern the preparation, transformation and conservation of all foodstuffs and goods intended for human consumption.

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The use of EUT as an ingredient is not authorized, however the use of “recycled water from raw materials” and “recycled process water” as an ingredient is. The texts mentioned define the conditions under which this water can be reused in businesses in the food sector.

These recent regulatory developments in France, notably the 2023 decree, show an increased desire to promote wider adoption of REUT in France, despite the existence of restrictions to guarantee health safety. Developing this practice appears crucial to preserve drinking water resources, respond to climate challenges and ensure sustainable water management. By encouraging innovative projects and relaxing certain constraints, France can become a leader in the responsible management of this vital resource.