NIS2 for Waste water
New in NIS2 — waste water was not in NIS1 at all. Most operators are starting from zero, and the essential-part test is the first thing to settle in writing.
Which entities are covered
Undertakings collecting, disposing of or treating urban, domestic or industrial waste water, where that activity is an essential part of their general activity.
Sub-sectors named in the annex
- Collection, disposal and treatment of urban, domestic and industrial waste water
Scope traps specific to this sector
Trap 1
Industrial operators that treat their own waste water can fall in scope if the activity is an essential part of their general activity.
Trap 2
Often bundled with drinking water in the same municipal entity, which can produce two scope determinations for one organisation.
What else applies to you
The CER directive; the Urban Waste Water Treatment Directive.
NIS2 rarely arrives alone. Where another EU act covers the same ground and is at least equivalent in effect, article 4 disapplies the corresponding NIS2 provisions — but only those, and only where that test is met.