In France, legislation is evolving to facilitate the reuse of wastewater
As the One Water Summit takes place on December 3 on the sidelines of COP16 on desertification in Riyadh, the issue of water governance is becoming increasingly prominent in the context of the fight against climate change. Although it has been promoted for some fifteen years, the large-scale reuse of treated wastewater has long been hindered by overly strict regulations. Recent regulatory changes in France, which expand its uses and relax the rules governing them, offer hope for a broader implementation of the practice.
Julie Mendret, University of Montpellier and Thomas Harmand, Aix-Marseille University (AMU)
On December 3, the One Water Summit will be held on the sidelines of the COP16 conference on desertification in Riyadh. It must be said that the issue of water governance is becoming increasingly relevant in the context of the fight against climate change. The reuse of treated wastewater (known as “REUT”), for example, involves collecting and treating water from domestic, industrial, or agricultural sources to repurpose it for various non-potable uses rather than discharging it into the environment, as is usually the case.
This practice aims to conserve drinking water resources by replacing water drawn from aquifers or waterways with treated water. In France, it is increasingly being considered as a solution to water shortages and recurring droughts.
The current regulatory framework is, however, frequently cited as an obstacle to its development. Although regulation is necessary to ensure the safety of this method, the current regulations impose numerous practical constraints that are slowing down the widespread adoption of REUT.
However, the legal framework governing the reuse of non-conventional water has expanded significantly over the past year and a half, with no fewer than eight new regulations published between August 2023 and September 2024. These regulations aim to simplify the implementation of non-conventional water reuse and establish a framework for all possible uses.
A sweeping reform of the regulatory framework
Until recently, the regulatory framework governing REUT in France was based on a decree issued in 2010 and amended in 2014.
In 2020, the European institutions addressed this issue by enacting Regulation (EU) 2020/741 of the European Parliament and of the Council of May 25, 2020, on minimum requirements for water reuse. This regulation is directly applicable within the territory of EU Member States and becomes an integral part of French law upon its entry into force, which was set for June 26, 2023.
It establishes minimum quality and monitoring requirements for treated wastewater (TW) intended for reuse in agriculture, notably by adopting a "multi-barrier" approach, which is a method that enables better risk management.
In addition, the regulation left it up to Member States to adopt supplementary provisions. Following the adoption of this regulation, a decree dated March 10, 2022, was published in France: it expands the possibilities for reusing EUTs to include all uses other than those related to food, hygiene, or leisure.
1,000 projects by 2027
The French government’s Water Plan, announced in 2023, highlights the reuse of treated wastewater (REUT) as a key measure for addressing water management challenges.
This ambitious plan aims to develop 1,000 water reuse projects by 2027 and to reach a rate of 10% of treated wastewater by 2030, up from less than 1% today. The government hopes to increase the volume of wastewater reused for non-potable purposes—such as agricultural irrigation, urban cleaning, and firefighting—tenfold.
This initiative is part of a broader strategy for the sustainable and resilient management of water resources, which is essential in light of the impacts of climate change. The stated goal is very clear : we must expand the use of non-conventional water sources.
Still too much drinking water being used to clean the streets
The decree of March 10, 2022, mentioned above, was repealed by the decree of August 29, 2023, concerning the uses and conditions for the use of rainwater and treated wastewater, which simplified the authorization procedure, notably through the establishment of a one-stop shop.
Examples include traditional uses such as agricultural irrigation and watering green spaces, as well as urban applications such as street cleaning, pipe flushing, and firefighting. In France, many cities clean their streets with drinking water!
This decree of August 2023 was supplemented by two orders, published on December 14 and 18, 2023, respectively, setting forth the conditions for the production and use of treated wastewater for watering green spaces and irrigating crops.
The uses are strictly regulated, in particular by quality standards that must be met, in accordance with the provisions of the 2020 European regulation. The established quality standards are classified from A to D, from best to worst, and permitted uses depend on the quality of the available EUTs. For example, an A-grade EUT may be used to irrigate the edible parts of food crops that are consumed raw.
Relaxed rules to encourage participation
Finally, certain uses of EUTs have been authorized in food industry businesses under the recent decree of January 24, 2024, which sets forth various provisions regarding the safety of water intended for human consumption.
The latter was amended and supplemented by a decree and an order dated July 8, 2024. The permitted uses include the preparation, processing, and storage of all foodstuffs and goods intended for human consumption.
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The use of EUTs as an ingredient is not permitted; however, the use of “recycled water from raw materials” and “recycled process water” as ingredients is permitted. The aforementioned regulations define the conditions under which such water may be reused in food industry facilities.
These recent regulatory changes in France, particularly the 2023 decree, demonstrate a growing commitment to promoting wider adoption of REUT in France, despite the continued existence of restrictions designed to ensure public health and safety. Expanding this practice appears crucial to preserving drinking water resources, addressing climate challenges, and ensuring sustainable water management. By encouraging innovative projects and easing certain restrictions, France can become a leader in the responsible management of this vital resource.
Julie Mendret, Associate Professor, HDR, University of Montpellier and Thomas Harmand, PhD Candidate in Water Law, Aix-Marseille University (AMU)
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