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Press Release 20.02.2026
Last Wednesday the Court of Justice of the European Union (CJEU) dismissed appeals brought by the pharmaceutical and cosmetics industries against the Extended Producer Responsibility (EPR) provisions of the revised Urban Wastewater Treatment Directive (UWWTD). Surfrider Foundation Europe hails this decision as a decisive victory for Europe’s waters, public health, and the integrity of EU institutions in the face of industrial lobbying.
Published in the EU Official Journal on December 12 2024, the recast UWWTD marked a major breakthrough for environmental protection, celebrated by civil society. For the first time, it introduced a new mandatory quaternary treatment phase, targeting the removal of the broadest spectrum possible of micropollutants from urban wastewater. Aligning with the polluter-pays principle enshrined in Article 191(2) TFEU, the revised Directive introduced new provisions on the establishment of an Extended Producer Responsibility scheme, an unprecedented initiative in the water sector. This scheme requires the pharmaceutical and cosmetic industries, found to be responsible for the majority of the micropollutants found in urban wastewater, to cover at least 80% of the costs related to this upgraded treatment phase.
For months, these two industries have called into question the EPR scheme and the Commission’s impact assessment. In March 2025, several European federations and companies initiated legal proceedings challenging the provisions on the financing of the quaternary treatment phase.
This week, the European Court of Justice eventually reach a positive conclusion. In its orders of February 18, the CJEU declared the appeals inadmissible, ruling that the applicants failed to demonstrate “individual concern.” As legal entities not specifically named or directly targeted by the Directive, their claims did not meet the criteria required to challenge the legislation.
Following the Commission’s updated study of the costs of the EPR scheme last December, this decision comes as yet another support to the Directive’s approach to tackle wastewater pollution. The recast UWWTD is a robust and ambitious legislation that should set the path towards better environmental and public health protection, ensuring that industries contribute fairly to the protection of healthy waters, the environment and public health. It also a strong signal that the EU should stand firm in protecting our aquatic ecosystems and and uphold environmental ambition.
Lucille Labayle, Water Quality and Health Policy Officer for Surfrider Foundation Europe:
« The Court’s ruling sends an unequivocal message: those who place products on the market that contribute to pollution must take responsibility for their impact on the environment and our health. It is a clear victory for healthy waters and the polluter pays principle. We now call EU institutions and national governments to stay the course and ensure swift transposition and implementation of the Directive ».
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