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Tuesday, 21 October 2003 - Strasbourg Final edition
Bathing water ***I
P5_TA(2003)0442A5-0335/2003
Resolution
 Consolidated text

European Parliament legislative resolution on the proposal for a European Parliament and Council directive concerning the quality of bathing water (COM(2002) 581 – C5-0508/2002 – 2002/0254(COD))

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 581)(1) ,

–   having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0508/2002),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0335/2003),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ C 45 E, 25.2.2003, p. 127.


Position of the European Parliament adopted at first reading on 21 October 2003 with a view to the adoption of European Parliament and Council Directive 2003/…./EC concerning the quality of bathing water
P5_TC1-COD(2002)0254

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1) ,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)  Building on the Commission's Communication on sustainable development(5) , the European Council has singled out objectives as general guidance for future development in priority areas such as natural resources and public health.

(2)  Water is a scarce natural resource which must be protected, defended and treated as such. Surface waters in particular are renewable resources with a limited capacity to recover from adverse impacts from human activities.

(3)  EU policy on the environment shall aim at a high level of protection of human health , and contribute to attaining the objectives of preserving, protecting and improving the quality of the environment .

(4)  European bathing water policy's continued importance is evident each bathing season as it protects the public from accidental and chronic pollution discharged in or near European bathing areas and the overall quality of bathing waters has improved considerably since Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water(6) came into force. That Directive reflects, however, the state of knowledge and experience of the early seventies. Patterns of recreational water use have changed as has the state of scientific and technical knowledge.

(5)  In December 2000 the Commission adopted a Communication to the European Parliament and the Council on Developing a new bathing water policy(7) and initiated a large-scale consultation of all interested and involved parties. The main outcomes of this consultation were a general support for developing a new Directive based on the latest scientific evidence and giving particular attention to wider public participation.

(6)  Decision No 1600/2002/EC (8) of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme contains a commitment to bring forward a proposal for a revision of Directive 76/160/EEC.

(7)  This Directive should use scientific evidence in implementing the most reliable indicator parameters for predicting bacteriological and physico-chemical health risks and achieve a high level of protection. Analysis of cost benefit should also be examined to ensure that the costs involved in implementing this procedure can be justified.

(8)  In order to increase efficiency and wise use of resources this Directive needs to be closely co-ordinated with other Community legislation concerning water such as Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action the field of water policy(9) , Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment(10) and Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(11) .

(9)  Appropriate information on planned measures and progress on implementation should be disseminated to the community of stakeholders. New technology that allows the public to be informed in an efficient and comparable way on bathing waters across the Community should be applied.

(10)  This Directive should take into account new types of water recreation, which have gained in popularity due to social changes and to new types of sporting materials and equipment.

(11)  For the purpose of monitoring, harmonised methods and practises of analysis need to be applied. Observation and quality assessment over an extended period is necessary in order to get a realistic bathing water classification. Monitoring actions and frequency should , in their turn be related to the bathing water's history and classification, putting emphasis on bathing waters where risks may occur. Conformity should be a matter of appropriate management measures and quality assurance, not merely of measuring and calculation. In parallel, particular attention shall be attached to adherence to quality standards and coherent transition from Directive 76/160/EEC.

(12)  To protect and inform the public timely on exceptional events like floods or infrastructure breakdowns, appropriate emergency plans should be developed, including early warning systems.

(13)  The UN/ECE Convention on Access to Information, Public Participation in Decision Making (the Aarhus Convention(12) ), relates "environmental information" to human health and safety and "social economical factors" to environmental decision making. This Directive should be in accordance with the Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(13) .

(14)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(14) .

(15)  Since the objectives of the proposed action, which aims at reaching throughout the Community good bathing water quality and a high level of protection, cannot be sufficiently achieved by the Member States, without common standards and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(16)  Directive 76/160/EEC should be repealed accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The purpose of this Directive is to preserve, protect and improve the quality of the environment in order to protect human health against chemical and microbiological contamination during bathing activities or other recreational water uses. This Directive therefore lays down health standards and provisions for the monitoring, classification and management of bathing water quality and for informing the public thereof.

It shall, with particular emphasis on environment and health, complement and support objectives, measures and the setting of common chemical quality standards as laid down in Directive 2000/60/EC.

Article 2

Scope

This Directive shall cover all bathing water, with the exception of:

   1) waters used for therapeutic purposes;
   2) waters used in swimming pools and spa pools;
   3) confined waters subject to treatment;
   4) waters in confined surface waters, artificially created and separated from natural waters like groundwater, surface waters, or coastal water;
   5) waters used for other recreational activities undertaken more than 100 metres from the shore at low tide, or conducted outside the bathing season, provided that such waters are not at particular risk of pollution from urban waste water or other sources of pollution.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

  (1) "Bathing water": all running or still inland surface waters, transitional waters and coastal waters (or parts thereof) where:
   a) bathing is not prohibited and is traditionally practised by a large number of bathers during the bathing season , or
   b) other recreational activities are traditionally practised, provided that such waters are at particular risk of pollution from urban waste water or other sources of pollution, or
   ( c ) public bodies or commercial interests actively promote bathing.
   (2) "Bathing season": the period during which bathers can be expected, in the light of local customs and local rules, taking into account climate and topological conditions.
  (3) "Management measures": the following measures that are undertaken on bathing water:
   a) establishing and maintaining a bathing water profile;
   b) establishing a monitoring calendar;
   c) monitoring the bathing water;
   d) assessing bathing water quality;
   e) classifying the bathing water;
   f) assessing risks related to sources of pollution;
   g) setting up emergency plans and surveillance systems;
   h) giving factual information on bathing water quality to the public;
   i) performing actions to prevent human exposure to pollution;
   j) performing actions to reduce the risk of pollution and contamination.
   (4) "Other recreational activities": those activities, where devices are used to move across the water, involving a meaningful risk of swallowing water, such as surfing, windsurfing and kayaking.
   (5) "Surface waters", "transitional waters" and "coastal water" have the same meaning as under Directive 2000/60/EC.
   (6) "Emergency condition": an exceptional condition, impacting on water quality, and which is not the result of ordinary weather conditions like rainfall or changes in the river flow that happen at regular intervals of less than five years.
   (7) "Set of water quality data": the collection of data obtained as a result of monitoring.
   (8) "Bathing water quality assessment": the process of evaluating bathing water quality, following the calculation method defined in Annex I and II.

Article 4

Quality status

1.  Member States shall ensure that all bathing waters respect a "Good Quality" status, based on values of microbiological parameters which are not less stringent than those set out for parameters 1 and 2 in column C of Annex I, and which are based on assessment and calculation by the method set out in Annex II.

2.  Member States shall by measures they consider necessary, promote the achievement of quality standards which conform to those set out in column B "excellent quality" of Annex I, and based on assessment and calculation by the method given in Annex II.

Article 5

List of bathing waters

1.  Not later than ... (15) , Member States shall establish a list of all bathing waters in their territory and the corresponding length of the bathing season.

2.  The list shall be reviewed and updated annually to take into account:

   a) newly identified bathing waters;
   b) waters that have been removed from the list since they no longer fulfil the requirements for being identified as bathing waters

3.  Member States shall notify the Commission and the public of the list mentioned in paragraph 1 each year, before the start of the bathing season. At the same time Member States shall notify the Commission and the public of any changes to the list including the reasons for removing waters from the list.

The reasons for removing waters from the list may include changes in customs, changes in the constitution and use of bathing areas, or changes in the topographical conditions of the bathing site.

Article 6

Bathing water profile

1.  Member States shall ensure that a bathing water profile is established for each bathing water in accordance with Annex III. The first bathing water profile shall be established not later than ... (16) . Until that date, the measures laid down in Directive 76/160/EEC shall apply.

2.  The bathing water profile shall be reviewed in accordance with Annex III (f) or when significant construction works or changes in the infrastructure have been carried out at or in the vicinity of the bathing water, which are likely to have an influence on the water quality classification.

Article 7

Monitoring

1.  Member States shall ensure that the parameters set out in column A of Annex I are monitored in accordance with Annex IV.

2.  A monitoring calendar for each bathing water shall be established and be made public in accordance with Article 17(3)(b) before the start of each bathing season and for the first time … (17) *

3.  Monitoring shall, in principle, be carried out within four days of the date specified in the calendar.

4.  Members States may start monitoring the parameters in Annex I during the first full bathing season following the entry into force of this Directive, and may use the results for building up the sets of water quality data, referred to in Article 8. As soon as Member States start monitoring under this Directive, they may cease monitoring of parameters in the Annex to Directive 76/160/EEC .

5 .  During emergency conditions, the monitoring calendar referred to in paragraph 2 may be suspended. It shall be resumed as soon as practical after the end of the emergency condition.

6 .  Member States shall report the suspension of the monitoring calendar to the Commission at the first available opportunity. The report shall outline the circumstances of the emergency condition and, if it is weather related, the calculated return interval of any rainfall or extreme flows which have led to the adverse water quality.

Article 8

Bathing water quality assessment

1.  On the basis of the monitoring of parameters 1 and 2 in column A of Annex I Members States shall establish sets of water quality data.

2.  A bathing water quality assessment shall be established on the basis of water quality data sets obtained during the preceding three bathing seasons and in accordance with the procedure set out in Annex II.

3.  The first bathing water quality assessment shall be established …(18)

4.  The assessment shall be repeated every year at the end of the bathing season, taking into account the data collected for that bathing season, as well as of the data for the bathing seasons of the two previous years.

5.  When significant construction works or changes in the infrastructure have been carried out at or in the vicinity of the bathing water, which are likely to have an influence on the water quality classification, new bathing water quality data have to be gathered and an assessment is to be made without taking into account the bathing water quality data collected before completion of this infrastructure.

Article 9

Classification of bathing water quality

As a result of the yearly assessment of the sets of water quality data, Member States shall classify the water quality of bathing water as "poor", "good" or "excellent", in accordance with the criteria set out in Annex II. The first classification shall take place, at the latest, by …*

Article 10

Studies and analysis following classification

1.  Bathing waters classified as "poor" shall be subjected to a thorough study and analysis of all the sources and circumstances likely to cause or contribute to its pollution or contamination. These studies and analyses shall be repeated periodically, but not less frequently than once a year. The studies and analysis are aimed at updating the bathing water profile set out in Article 6 and Annex III, and at understanding the risks as a basis for targeted management measures as defined in Article 3, point 3 , points (f) to (j).

2.  Bathing waters classified as "good" shall be subjected to a bi-annual analysis of all the sources and circumstances likely to cause or contribute to its pollution or contamination. This analysis is aimed at updating the bathing water profile set out in Article 6 and Annex III, and at understanding the risks as a base of targeted, preventive management measures.

3.  Bathing waters classified as "excellent" shall be subjected to a tri-annual analysis of the bathing water profile in order to have a better understanding of all potential sources and risks of pollution and contamination and to take appropriate measures against them.

4.  The studies and analysis mentioned in paragraphs 1, 2 and 3 shall make best use of the data obtained from monitoring and assessments done pursuant to Directive 2000/60/EC, and shall contain at least an assessment of:

   a) the conditions prevailing up-stream in the case of inland running water, and
   b) the ambient conditions, including conditions prevailing in the catchment area in the case of inland still water and coastal water.

Article 11

Harmonised standards for treatment of samples

Member States shall ensure that harmonised standards are used for the handling, analysis, storage and transport of samples as specified in column D of Annex I and in Annex V, in order to reduce the risks of contamination of samples.

The Commission may adopt guidelines for harmonised standards for the handling, analysis, storage and transport of samples under the procedure referred to in Article 22(2) .

Article 12

Emergency plans

1.  Members States shall establish emergency plans for events such as floods, accidents or infrastructure breakdowns which may have an adverse impact on bathing water quality. Such plans shall identify potential causes and risks of impacts, establish surveillance and/or early warning systems and provide guidance on prevention or mitigation of damage.

2.  Member States shall ensure that comprehensive national and/or local surveillance and early-warning systems are established, improved or maintained which will:

   a) identify incidents of pollution or significant risks of such incidents which may have an adverse effect on bathing water quality, including those resulting from extreme weather conditions;
   b) give prompt and clear notification to the relevant public authorities of such incidents or threats;
   c) in the event of any imminent risk to public health, disseminate to those members of the public who may be affected all the relevant information that is held by a public authority and which could help the public to prevent or mitigate harm;
   d) make recommendations to the relevant public authorities and, where appropriate, to the public about preventive and remedial actions;
   e) ensure that, in the event of an emergency condition, temporary signs are posted in prominent locations at the bathing water.

3.  Member States shall ensure that the relevant public authorities have the necessary capacity to respond to such incidents or risks in accordance with the relevant emergency plan.

4.  Surveillance and early-warning systems, emergency plans and response capacities in relation to incidents and threats to bathing water quality may be combined with those in relation to other matters.

Article 13

Conformity

1.  Bathing water shall be considered to conform with this Directive if:

   a) at the end of the bathing season, the bathing water is classified at least as "good",
   b) the parameters set out in column A of Annex I have been monitored in accordance with Annex IV, and
   c) the water status objectives are achieved in accordance with the criteria, classification and deadlines laid down in Directive 2000/60/EC.

2.  Bathing water classified as "poor" shall nevertheless be considered to conform temporarily with the provisions of this Directive, if the following conditions are met:

   a) management measures, including bathing bans, have been undertaken during the bathing season, to prevent human exposure to pollution/contamination and to reduce or eliminate the risk of pollution/contamination, and
   b) the causes and reasons for non-conformity are identified, and
   c) measures to prevent, reduce or eliminate the pollution/contamination are implemented and are expected to produce positive results within three years, and
   d) the public is alerted by a clear and simple warning sign and is also informed of the causes of the pollution/contamination and all measures undertaken.

If bathing water has still not reached the classification "good" within three years, it shall be considered as not being in conformity with this Directive.

Article 14

Conformity and control of transitory contamination

1.  Member States may decide to apply the provisions of this Article to bathing water affected by transitory contamination.

2.  If bathing water is affected by transitory contamination, the cause of which is known and the duration of which can be predicted, the bathing water shall be given the classification it would be given but for the transitory contamination, provided that appropriate measures are taken during the bathing season to notify the public whenever transitory contamination affecting the bathing water is expected or occurring and that, during any period of transitory contamination, bathing is prohibited or advised against.

3.  Such bathing water shall be considered to conform with this Directive, if:

   a) it is classified as "poor" only because it is affected by transitory contamination,
   b) the Member State is undertaking the measures set out in paragraph 4, and
   c) the measures are leading to progress in the understanding or control of the transitory contamination.

4.  The measures referred to in paragraph 3 are:

   a) measures to understand the cause of transitory contamination or improve predictability,
   b) remedial measures, unless they would infringe other Community legislation, be disproportionate or be infeasible,
   c) measures to inform the public about the current understanding of the cause and predictability of the transitory contamination, and the management and remedial measures being undertaken, and
   d) appropriate measures during the bathing season to notify the public that the water may be subject to transitory contamination and to periods when bathing is prohibited or advised against.

5.  In determining whether it is disproportionate to implement remedial measures for transitory contamination, the following shall be taken into account:

   a) the nature, likely frequency and duration of the transitory contamination;
   b) the cost, technical feasibility and environmental impact of such measures;
   c) any guidance developed in accordance with the procedure under Article 22(2); and
   d) any other relevant factors.

6.  Member States shall ensure that the bathing water profile for any bathing water affected by transitory contamination includes the following information:

   a) details of the transitory contamination to the extent allowed by current understanding, including its anticipated cause, frequency, nature and scope;
   b) details of any measures being undertaken to understand the cause or improve the predictability of transitory contamination,
   c) details of any remedial measures being undertaken, and
   d) any reasons why it would infringe other Community legislation, be disproportionate or infeasible to eliminate the sources of transitory contamination, including factors taken into account to evaluate the proportionality of eliminating any remaining sources of transitory contamination.

7.  The measures taken by Member States to notify the public about transitory contamination under this Article shall be at least as extensive as the requirements under Article 17.

Article 15

Assessment of phytoplankton blooms and macro-algae proliferation and of physico-chemical parameters

1.  For bathing waters which have been revealed physically sensitive to specific toxic phytoplankton blooms or to macro-algae proliferation, analytical measurement shall be undertaken to establish the status of the bathing water in relation to the microbiological parameter 3 in column A of Annex I. For this parameter, positive results obtained on the tests, specified in column D of Annex I, shall be addressed in terms of investigation and remediation where appropriate, involving public participation as set out in Article 16 .

2.  Visual inspection and analytical measurement, conform to the tests specified in column D of Annex I, shall be undertaken to establish the status of the bathing water in relation to the physico-chemical parameters 4 to 6 of Annex I. For these parameters, test results deviating from specifications given in column C of Annex I, shall be addressed in terms of investigation and remediation where appropriate, involving public participation as set out in article 16 .

Article 16

Public participation

Member States shall ensure that all interested parties, including those at local level, are consulted and allowed to participate in establishing, reviewing and updating the list of bathing waters, bathing water profile and the management measures. Member States shall inform the Commission and the public of the way(s) in which this is organised.

Article 17

Information to the public

1.  Member States shall, in the immediate vicinity of each bathing water, promptly make available and actively disseminate, the following information concerning the bathing water:

   a) a non-technical summary of the bathing water profile and the bathing water classification over the last 3 years, including the status of the bathing water according to Directive 2000/60/EC. It shall display prominently a Commission-approved symbol to advise users of the current status of bathing water quality;
   b) an assessment as to whether the monitoring data are relevant for other recreational activities, including an overview of the discharge of urban waste water surrounding the bathing area;
   c) in the event of a bathing area being removed from the list of bathing waters a notice advising the public of such a removal and giving the reasons for it, shall be put up in the immediate vicinity of the water during the bathing season of the year that the removal takes place and the following year. Such notice shall include warning signs at the beach and shall also indicate to the public the nearest available bathing water.

2.  In the event of an emergency condition, public authorities must work together with all interested parties to ensure that the public is informed of any potential hazards clearly and coherently via temporary signs posted at the bathing site.

3 .  Member States shall use appropriate media and technologies, including the Internet, to actively and promptly disseminate the information, including at least English and French translations thereof, concerning bathing water referred to in paragraph 1 and also the following information:

   a) the bathing water's profile and the bathing water´s classification, including information in relation to other recreational activities. Results of water inspections shall be available on the Internet within a week,
   b) the monitoring calendar,
   c) a history of incidents, requiring management measures, in particular of targeted, preventive management measures, undertaken in order to preserve or improve bathing water quality, to protect waters against deterioration, and measures which have been undertaken during the bathing season, to prevent human exposure to pollution/contamination and to reduce or eliminate the risk of pollution/contamination.

4 .  Information referred to in paragraphs 1 and 3 shall be made available for the first time on ... (19) . The Commission shall, after hearing the Member States, relevant tourist and consumer organisations and other interested parties, within two years develop a simple standardised system of symbols - e.g. smiling faces - which can be used in different matters by Member States, regional or local authorities, the tourist industry etc. as one among other information tools designed to provide information to the public. The system must be available on an EU website.

5 .  Member States shall encourage the active involvement of all interested parties in the public information process, and in the involvement of the public in issues related to good bathing water quality.

Article 18

Reports

1.  For each bathing water, Member States shall provide the Commission annually, by 31 December at the latest and for the first time within three years following the date laid down in Article 24(1) , with the results of the monitoring data, together with an indication as to whether those data are relevant for other recreational activities in waters adjacent to the sampling points. Member States shall provide the Commission the bathing water assessment annually by 31 December at the latest, for the first time three years following the date laid down in Article 24(1) .

2.  When monitoring of data has started under this Directive, annual reporting to the Commission in accordance with paragraph 1 shall continue to be done under Directive 76/160/EEC until a set of water quality data for three years has been made available and a first assessment can be made under this Directive.

During that three year period parameter 1 of the Annex to Directive 76/160/EEC shall not be taken into account in the annual report and for reporting purposes, as well as parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be assumed to be equivalent to parameters 2 and 1 of column A in Annex I to this Directive.

3.  The Commission shall publish an annual report on bathing water quality in the Community, including bathing water classifications, conformity with this Directive, and significant management measures undertaken. The Commission shall publish this report four months after receiving the reports from Member States. When establishing the report the Commission shall, wherever possible, make best use of data collection, assessment and presentation systems under related Community legislation, in particular Directive 2000/60/EC.

Guidance on the use of such systems may be developed in accordance with the procedure referred to in Article 22(2) .

4.  Member States and the Commission shall provide information to the public where possible based upon geo-referenced technology, and presented in a harmonised way and through harmonised formats, as set out in Article 17 .

Article 19

Co-operation on transboundary waters

Wherever Member States share river basins, involving transboundary impacts on bathing water quality, they shall co-operate as appropriate in implementing this Directive.

Article 20

Review

The Commission shall review this Directive not later than ... (20) , with particular regard to the parameters for bathing water quality, and shall present if necessary appropriate legislative proposals in accordance with Article 251 of the Treaty.

Article 21

Technical adaptations to the Directive

1.  The methods of analysis for the parameters set out in Annex I shall be adapted to scientific and technical progress in accordance with the procedure referred to in Article 22(2) .

2.  On the basis of scientific results obtained on virus detection, the list of parameters in Annex I shall be expanded to include parameters on virus detection , in accordance with the procedure referred to in Article 22(2) .

3.  The Commission may in accordance with the procedure referred to in a rticle 22(2) , adopt technical guidelines on selected issues of implementation relating to bathing water management strategy, information and reporting strategy and approach.

Article 22

Committee

1.  The Commission shall be assisted by a committee .

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

Article 23

Repeal

1.  Directive 76/160/EEC is repealed … (21) . Subject to paragraph 2, this repeal shall be without prejudice to the obligations of the Member States concerning the time-limits for transposition and application set out in the repealed Directive.

2.  As soon as a Member State has taken all necessary legal, administrative and practical measures to comply with this Directive, this Directive will be applicable, replacing Directive 76/160/EEC.

3.  References to Directive 76/160/EEC shall be construed as references to this Directive.

Article 24

Implementation

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(22) * at the latest . They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member Sates shall determine how such reference is to be made.

2.  Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in order to implement this Directive.

Article 25

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Article 26

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

Parameters for Bathing Water Quality

 

A

B

C

D

 

Microbiological Parameters

Excellent Quality

Good Quality

Reference Methods of Analysis

1

Intestinal Enterococci (I.E.) in cfu/100 ml

100(23)

2001

ISO 7899-

2

Escherischia coli

(E.C.) in cfu/100 ml

2501

5001

ISO 9308-1

3

Phytoplankton blooms or macro-algae proliferation(24)

Negative result on tests

Negative result on tests

Microscopic monitoring(25) , toxicity tests(26) , visual inspection.

 

Physico-chemical Parameters

Excellent Quality

Good Quality

Methods of Inpection

4

Mineral oils

-

No film visible on the surface of the water and no odour

Visual and olfactory inspection

5

Tarry residues and floating materials such as wood, plastic, glass, rubber or any other waste substance.

-

Absence

Visual inspection

6

pH(27)

-

6 to 9

No unexplainable variations

Electrometry with calibration on pH 7 and pH 9

The 95 percentile value is calculated as defined as follows(28) .

Based upon 95 percentile evaluation of the log10 normal probability density function of microbiological data acquired from one bathing water; the 95 percentile value is derived as follows:

   i) take the log10 value of all bacterial enumerations in the data sequence to be evaluated,
   ii) calculate the arithmetic mean of the log10 values (μ),
   iii) calculate the standard deviation of the log10 values (σ).

The upper 95 percentile point of the data probability density function is derived from the following equation:

95 percentile = antilog ((μ)+(1.65 x σ))

ANNEX II

Bathing Water Assessment and Classification

Bathing waters whose 95 percentile values of microbiological enumerations, based on the bathing water quality data sets gathered during the 3 previous calendar years" period, are worse(29) than the "Good Quality" value of microbiological parameters 1 or 2 stated in Annex I (column C) are classified as of "Poor Quality".

Bathing waters whose 95 percentile values of microbiological enumerations, based on the bathing water quality data gathered during the 3 previous calendar years" period, are equal to or better than the "Good Quality" value of microbiological parameters 1 and 2 stated in Annex I (column C) are classified as of "Good Quality".

Member States may classify bathing waters as of "Excellent Quality" if

   their 95 percentile values on microbiological enumerations, based on the data gathered during the 3 previous calendar years" period, are equal to or better(30) than the "Excellent Quality" value of microbiological parameters 1 and 2 stated in Annex I (column A) and,
   the length of the bathing season and management measures reflect other recreational activities practised.

ANNEX III

The Bathing Water Profile

With reference to Article 6, such a bathing water profile consists of:

   a) a description of the physical, geographical and hydrological characteristics of the bathing water;
   b) a description of the physical, geographical and hydrological characteristics of the bathing water in accordance with Directive 2000/60/EC;
   c) c ) an identification – quantitative and qualitative - of all potential sources of pollution;
   d) an assessment of their potential to pollute bathing water, thus impairing the health of bathers, as well as an assessment of the environmental quality of the bathing water in accordance with Directive 2000/60/EC . These assessments should be made, in terms of time - accidental or chronic risk potential - and in terms of the nature and volume of all polluting and potentially polluting discharges and their effects assessed in terms of distance from the bathing water;
   e) e ) a description of the monitoring points;
   f) f ) an assessment whether this monitoring provides as well representative information for other recreational activities practised with a similar risk of swallowing water as bathing (e.g. windsurfing, kayaking).

Elements (a), (b) and (c) should also be provided on a detailed map. Other relevant information may be attached or included as deemed appropriate.

The bathing water profile will be updated following the attached schedule

Bathing Water Classification

Excellent

Good

Poor

Bathing water profile update

Every 3 years

Every 2 years

To be determined in relation to the nature and severity of the risk but not less frequently than once a year, at the start of the bathing season.

Aspects to be assessed

Update of (a), (b) , (c) and (f)

Update of (a), (b) , (c) and (d)

Update of (a), (b) , (c) and (d)

ANNEX IV

Bathing Water Monitoring Frequency

The frequency for routine monitoring is set to 2 analysed samples per month, where a month is a four week period, with each started week considered as whole. As a function of the bathing water classification, the monitoring frequency is:

Bathing Water Classification

Excellent

(samples per month)

Good

(samples per month)

Poor

(samples per month)

During 1 period of 3 years

0.5

1

2

During 2 consecutive periods of 3 years

0.25

0.5

2

One extra sample is to be taken one week before the start of the bathing season. Taking into account this extra sample, in no circumstance there should be less than two samples taken and analysed per bathing season.

ANNEX V

Standards for Handling of Samples

1.  Samples should be taken following the guidelines hereafter

The sampling point is on the location where on a bathing water, on average throughout the bathing season, most bathers will be found, provided that the bathing water identified may be regarded as uniform on the basis of factors such as hydrological and topographical conditions, monitoring data and the sources of contamination and pollution. If this is not the case, more sampling points must be created on the basis of the bathing-water profile.

2.  Sterilisation of the sample bottles

Sterilisation in autoclave for at least 15 minutes at 121°C

Or dry sterilisation at 160°C - 170°C for minimum 1 hour

Or use irradiated sample containers directly from manufacturer

3.  Sampling

The volume of the sampling bottle/container depends on the quantity of water needed for each parameter to be tested. The minimum content is generally 250 ml.

Sample containers must be of transparent and non-coloured material (glass, polyethene or polypropylene)

In order to prevent accidental contamination of the sample, the sampler should employ an aseptic technique to maintain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile "chirurgical" gloves or by means tongs or sample pole) if this is done properly.

The sample should be clearly identified in indelible ink on the sample and on the sampling form

4.  Storage and transport of the samples before analysis

The water sample should at all stages of the transport be protected from exposure to light, in particular direct sunlight.

The sample should be conserved at a temperature of around 4°C, in a cool box or refrigerator until arrival at the laboratory. If the transport to the laboratory is likely to take more than 4 hours, then transport in a refrigerator is required .

The time between the sampling and the analysis should be kept as short as possible. It is recommended to analyse the samples on the same working day. If this is not possible for practical reasons, then the samples must be processed within maximum 24 hours, provided that the samples are stored in the dark and at 4°C. In the event of delay between sampling and analysis, the concentration of bacteria measured shall be adjusted by the known formulae of T-90 decay to give the concentration of bacteria at the time of sampling.

(1) OJ C 45 E, 25.2.2003, p. 127.
(2) OJ C 220, 16.9.2003, p. 39.
(3) OJ C 244, 10.10.2003, p. 31.
(4) Position of the European Parliament of 21 October 2003.
(5) COM(2001) 264.
(6) OJ L 31, 5.2.1976, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(7) COM(2000)860 final.
(8) OJ L 242, 10.9.2002, p. 1.
(9) OJ L 327, 22.12.2000, p. 1. Directive amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p.1).
(10) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Commission Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29).
(11) OJ L 375, 31.12.1991, p. 1.
(12) UNITED NATIONS, ECONOMIC COMMISSION FOR EUROPE, Fourth Ministerial Conference, "Environment for Europe", Aarhus, Denmark, 23-25 June 1998, ECE/CEP/43.
(13) OJ L 41, 14.2.2003, p. 26.
(14) OJ L 184, 17.7.1999, p. 23.
(15)* Two years after the entry into force of this Directive.
(16)* Five years after the entry into force of this Directive.
(17)** Two years after the entry into force of this Directive .
(18)* Five years after the entry into force of this directive.
(19)* Five years after the entry into force of this Directive.
(20)* Fifteen years after the entry into force of this Directive.
(21)* Five years after the entry into force of this directive.
(22)** Two years after the entry into force of this directive.
(23) Based upon 95 percentile evaluation.
(24) Only for sites which have been revealed physically sensitive to specific toxic blooms (eg dinophysis, alexandrium, blue algae).
(25) determination and counting of cells.
(26) mouse test, skin test or by direct toxin dosage in plankton cells or water.
(27) Only for fresh waters.
(28) Bartram, J and Rees, G (Eds) Monitoring Bathing Waters. E and F N Spon, London.
(29) Meaning: "higher concentration values expressed in cfu/100 ml"
(30) Meaning: "lower concentration values expressed in cfu/100 ml"

Last updated: 25 May 2004Legal notice