DIRECTIVE 2006/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 February 2006

concerning the management of bathing water quality and repealing Directive 76/160/EEC

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), in the light of the joint text

approved by the Conciliation Committee on 8 December

2005,

Whereas:

(1) Building on the Commission's Communication on

sustainable development, 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, the quality of which

should be protected, defended, managed and treated as

such. Surface waters in particular are renewable resources

with a limited capacity to recover from adverse impacts

from human activities.

(3) Community policy on the environment should aim at a

high level of protection, and contribute to pursuing the

objectives of preserving, protecting and improving the

quality of the environment and of protecting human

health.

(4) In December 2000, the Commission adopted a Communication to the European Parliament and the Council

on the development of a new bathing water policy and

initiated a large‐scale consultation of all interested and

involved parties. The main outcome of this consultation

was general support for the development of a new

Directive based on the latest scientific evidence and

paying particular attention to wider public participation.

(5) Decision No 1600/2002/EC of the European Parliament

and of the Council of 22 July 2002 laying down the Sixth

Community Environment Action Programme (5) contains a commitment to ensuring a high level of

protection of bathing water, including by revising

Council Directive 76/160/EEC of 8 December 1975

concerning the quality of bathing water (6).

(6) Pursuant to the Treaty, in preparing policy on the

environment the Community is, inter alia, to take account

of available scientific and technical data. This Directive

should use scientific evidence in implementing the most

reliable indicator parameters for predicting microbiological health risk and to achieve a high level of protection.

Further epidemiological studies should be undertaken

urgently concerning the health risks associated with

bathing, particularly in fresh water.

(7) In order to increase efficiency and wise use of resources,

this Directive needs to be closely coordinated with other

Community legislation on water, such as Council

Directives 91/271/EEC of 21 May 1991 concerning

urban waste-water treatment (7), 91/676/EEC of

12 December 1991 concerning the protection of waters

against pollution caused by nitrates from agricultural

sources (8) and Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000

establishing a framework for Community action in the

field of water policy (9).

4.3.2006 EN Official Journal of the European Union L 64/37

(

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) Opinion of the European Parliament of 21 October 2003 (OJ

C 82 E, 1.4.2004, p. 115). Council Common Position of

20 December 2004 (OJ C 111 E, 11.5.2005, p. 1) and Position

of the European Parliament of 10 May 2005 (not yet published

in the Official Journal). European Parliament Legislative

Resolution of 18 January 2006 (not yet published in the

Official Journal) and Council Decision of 20 December 2005.

(

5) OJ L 242, 10.9.2002, p. 1.

(

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) OJ L 135, 30.5.1991, p. 40. Directive as last amended by

Regulation (EC) No 1882/2003 of the European Parliament and

of the Council (OJ L 284, 31.10.2003, p. 1).

(

8) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation

(EC) No 1882/2003.

(

9) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision

No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).
(8) Appropriate information on planned measures and

progress on implementation should be disseminated to

stakeholders. The public should receive appropriate and

timely information on the results of the monitoring of

bathing water quality and risk management measures

in order to prevent health hazards, especially in the

context of predictable short-term pollution or abnormal

situations. New technology that allows the public to be

informed in an efficient and comparable way on bathing

waters across the Community should be applied.

(9) For the purpose of monitoring, harmonised methods and

practices of analysis need to be applied. Observation and

quality assessment over an extended period are necessary

in order to achieve a realistic bathing water classification.

(10) Compliance should be a matter of appropriate management measures and quality assurance, not merely of

measuring and calculation. A system of bathing water

profiles is therefore appropriate to provide a better

understanding of risks as a basis for management

measures. In parallel, particular attention should be

attached to adherence to quality standards and coherent

transition from Directive 76/160/EEC.

(11) On 17 February 2005 the Community ratified the

UNECE Convention on Access to Information, Public

Participation in Decision-Making and Access to Justice in

Environmental Matters (the Århus Convention). It is

therefore appropriate for this Directive to include

provisions on public access to information and to

provide for public participation in its implementation

to supplement Directive 2003/4/EC of the European

Parliament and of the Council of 28 January 2003 on

public access to environmental information (1) and

Directive 2003/35/EC of the European Parliament and

of the Council of 26 May 2003 providing for public

participation in respect of the drawing up of certain

plans and programmes relating to the environment (2).

(12) Since the objectives of this Directive, namely the

attainment by the Member States, on the basis of

common standards, of a good bathing water quality and

a high level of protection throughout the Community,

cannot be sufficiently achieved by the Member States and

can 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.

(13) 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 (3).

(14) The continued importance of a Community bathing

water policy is evident each bathing season as it protects

the public from accidental and chronic pollution

discharged in or near Community bathing areas. The

overall quality of bathing waters has improved considerably since Directive 76/160/EEC came into force.

However, that Directive reflects the state of knowledge

and experience of the early 1970. Patterns of bathing

water use have since changed, as has the state of scientific

and technical knowledge. Therefore, that Directive should

be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose and scope

1. This Directive lays down provisions for:

(a) the monitoring and classification of bathing water

quality;

(b) the management of bathing water quality; and

(c) the provision of information to the public on bathing

water quality.

2. The purpose of this Directive is to preserve, protect and

improve the quality of the environment and to protect human

health by complementing Directive 2000/60/EC.

3. This Directive shall apply to any element of surface water

where the competent authority expects a large number of

people to bathe and has not imposed a permanent bathing

prohibition, or issued permanent advice against bathing

(hereinafter bathing water). It shall not apply to:

(a) swimming pools and spa pools;

(b) confined waters subject to treatment or used for

therapeutic purposes;

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(

1) OJ L 41, 14.2.2003, p. 26.

(

2) OJ L 156, 25.6.2003, p. 17. (3) OJ L 184, 17.7.1999, p. 23.
(c) artificially created confined waters separated from surface

water and groundwater.

Article 2

Definitions

For the purposes of this Directive, the following definitions

shall apply:

1. the terms ‘surface water’, ‘groundwater’, ‘inland water’,

‘transitional waters’, ‘coastal water’ and ‘river basin’ have

the same meaning as in Directive 2000/60/EC;

2. ‘competent authority’ means the authority or authorities

that a Member State has designated to ensure compliance

with the requirements of this Directive or any other

authority or body to which that role has been delegated;

3. ‘permanent’ means, in relation to a bathing prohibition

or advice against bathing, lasting for at least one whole

bathing season;

4. ‘large number’ means, in relation to bathers, a number

that the competent authority considers to be large having

regard, in particular, to past trends or to any infrastructure or facilities provided, or other measures taken,

to promote bathing;

5. ‘pollution’ means the presence of microbiological contamination or other organisms or waste affecting bathing

water quality and presenting a risk to bathers' health as

referred to in Articles 8 and 9 and Annex I, column A;

6. ‘bathing season’ means the period during which large

numbers of bathers can be expected.

7. ‘management measures’ means the following measures

undertaken with respect to bathing water:

(a) establishing and maintaining a bathing water

profile;

(b) establishing a monitoring calendar;

(c) monitoring bathing water;

(d) assessing bathing water quality;

(e) classifying bathing water;

(f) identifying and assessing causes of pollution that

might affect bathing waters and impair bathers'

health;

(g) giving information to the public;

(h) taking action to prevent bathers' exposure to

pollution;

(i) taking action to reduce the risk of pollution;

8. ‘short-term pollution’ means microbiological contamination as referred to in Annex I, column A, that has clearly

identifiable causes, is not normally expected to affect

bathing water quality for more than approximately 72

hours after the bathing water quality is first affected and

for which the competent authority has established

procedures to predict and deal with as set out in

Annex II;

9. ‘abnormal situation’ means an event or combination of

events impacting on bathing water quality at the location

concerned and not expected to occur on average more

than once every four years;

10. ‘set of bathing water quality data’ means data obtained in

accordance with Article 3;

11. ‘bathing water quality assessment’ means the process of

evaluating bathing water quality, using the assessment

method defined in Annex II;

12. ‘cyanobacterial proliferation’ means an accumulation of

cyanobacteria in the form of a bloom, mat or scum;

13. the term ‘public concerned’ has the same meaning as in

Council Directive 85/337/EEC of 27 June 1985 on the

assessment of the effects of certain public and private

projects on the environment (1).

CHAPTER II

QUALITY AND MANAGEMENT OF BATHING WATER

Article 3

Monitoring

1. Member States shall annually identify all bathing waters

and define the length of the bathing season. They shall do so

for the first time before the start of the first bathing season

after 24 March 2008.

2. Member States shall ensure that monitoring of the

parameters set out in Annex I, column A, takes place in

accordance with Annex IV.

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(

1) OJ L 175, 5.7.1985, p. 40. Directive as last amended by

Directive 2003/35/EC of the European Parliament and of the

Council (OJ L 156, 25.6.2003, p. 17).
3. The monitoring point shall be the location within the

bathing water where:

(a) most bathers are expected; or

(b) the greatest risk of pollution is expected, according to the

bathing water profile.

4. A monitoring calendar for each bathing water shall be

established before the start of each bathing season and for the

first time before the start of the third full bathing season after

the entry into force of this Directive. Monitoring shall take

place no later than four days after the date specified in the

monitoring calendar.

5. Member States may introduce monitoring of the parameters set out in Annex I, column A, during the first full

bathing season following the entry into force of this Directive.

In that case, monitoring shall take place with the frequency

specified in Annex IV. The results of such monitoring may be

used to build up the sets of bathing water quality data referred

to in Article 4. As soon as Member States introduce

monitoring under this Directive, monitoring of the parameters

set out in the Annex to Directive 76/160/EEC may cease.

6. Samples taken during short-term pollution may be

disregarded. They shall be replaced by samples taken in

accordance with Annex IV.

7. During abnormal situations, the monitoring calendar

referred to in paragraph 4 may be suspended. It shall be

resumed as soon as possible after the end of the abnormal

situation. New samples shall be taken as soon as possible after

the end of the abnormal situation to replace samples that are

missing due to the abnormal situation.

8. Member States shall report any suspension of the

monitoring calendar to the Commission, giving the reasons

for the suspension. They shall provide such reports on the

occasion of the next annual report provided for in Article 13

at the latest.

9. Member States shall ensure that the analysis of bathing

water quality takes place in accordance with the reference

methods specified in Annex I and the rules set out in Annex V.

However, Member States may permit the use of other methods

or rules if they can demonstrate that the results obtained are

equivalent to those obtained using the methods specified in

Annex I and the rules set out in Annex V. Member States that

permit the use of such equivalent methods or rules shall

provide the Commission with all relevant information about

the methods or rules used and their equivalence.

Article 4

Bathing water quality assessment

1. Member States shall ensure that sets of bathing water

quality data are compiled through the monitoring of the

parameters set out in Annex I, column A.

2. Bathing water quality assessments shall be carried out:

(a) in relation to each bathing water;

(b) after the end of each bathing season;

(c) on the basis of the set of bathing water quality data

compiled in relation to that bathing season and the three

preceding bathing seasons; and

(d) in accordance with the procedure set out in Annex II.

However, a Member State may decide to carry out bathing

water quality assessments on the basis of the set of bathing

water quality data compiled in relation to the preceding three

bathing seasons only. If it so decides, it shall notify the

Commission beforehand. It shall also notify the Commission if

it subsequently decides to revert to carrying out assessments

on the basis of four bathing seasons. Member States may not

change the applicable assessment period more than once

every five years.

3. Sets of bathing water data used to carry out bathing water

quality assessments shall always comprise at least 16 samples

or, in the special circumstances referred to in Annex IV,

paragraph 2, 12 samples.

4. However, provided that either:

— the requirement of paragraph 3 is satisfied, or

— the set of bathing water data used to carry out the

assessment comprises at least eight samples, in the case

of bathing waters with a bathing season not exceeding

eight weeks,

a bathing water quality assessment may be carried out on the

basis of a set of bathing water quality data relating to fewer

than four bathing seasons if:

(a) the bathing water is newly identified;

(b) any changes have occurred that are likely to affect the

classification of the bathing water in accordance with

Article 5, in which case the assessment shall be carried

out on the basis of a set of bathing water quality data

consisting solely of the results for samples collected since

the changes occurred; or

(c) the bathing water had already been assessed in

accordance with Directive 76/160/EEC, in which case

equivalent data gathered under that Directive shall be

used and, for this purpose, parameters 2 and 3 of the

Annex to Directive 76/160/EEC shall be deemed to be

equivalent to parameters 2 and 1 of column A of Annex I

to this Directive.

L 64/40 EN Official Journal of the European Union 4.3.2006
5. Member States may subdivide or group together existing

bathing waters in the light of bathing water quality

assessments. They may group existing bathing waters together

only if these waters:

(a) are contiguous;

(b) received similar assessments for the preceding four years

in accordance with paragraphs 2, 3 and 4(c); and

(c) have bathing water profiles all of which identify common

risk factors or the absence thereof.

Article 5

Classification and quality status of bathing waters

1. As a result of the bathing water quality assessment carried

out in accordance with Article 4, Member States shall, in

accordance with the criteria set out in Annex II,

classify bathing water as:

(a) ‘poor’;

(b) ‘sufficient’;

(c) ‘good’; or

(d) ‘excellent’.

2. The first classification according to the requirements of

this Directive shall be completed by the end of the 2015

bathing season.

3. Member States shall ensure that, by the end of the 2015

bathing season, all bathing waters are at least ‘sufficient’. They

shall take such realistic and proportionate measures as they

consider appropriate with a view to increasing the number of

bathing waters classified as ‘excellent’ or ‘good’.

4. However, notwithstanding the general requirement of

paragraph 3, bathing waters may temporarily be classified as

‘poor’ and still remain in compliance with this Directive. In

such cases, Member States shall ensure that the following

conditions are satisfied:

(a) in respect of each bathing water classified as ‘poor’,

the following measures shall be taken with effect from

the bathing season that follows its classification:

(i) adequate management measures, including a bathing prohibition or advice against bathing, with a

view to preventing bathers' exposure to pollution;

(ii) identification of the causes and reasons for the

failure to achieve ‘sufficient’ quality status;

(iii) adequate measures to prevent, reduce or eliminate

the causes of pollution; and

(iv) in accordance with Article 12, alerting the public by

a clear and simple warning sign and informing

them of the causes of the pollution and measures

taken, on the basis of the bathing water profile.

(b) If a bathing water is classified as ‘poor’ for five

consecutive years, a permanent bathing prohibition or

permanent advice against bathing shall be introduced.

However, a Member State may introduce a permanent

bathing prohibition or permanent advice against bathing

before the end of the five‐year period if it considers that

the achievement of ‘sufficient’ quality would be infeasible

or disproportionately expensive.

Article 6

Bathing water profiles

1. Member States shall ensure that bathing water profiles are

established in accordance with Annex III. Each bathing water

profile may cover a single bathing water or more than one

contiguous bathing waters. Bathing water profiles shall be

established for the first time by 24 March 2011.

2. Bathing water profiles shall be reviewed and updated as

provided for in Annex III.

3. When establishing, reviewing and updating bathing water

profiles, adequate use shall be made of data obtained from

monitoring and assessments carried out pursuant to Directive 2000/60/EC that are relevant for this Directive.

Article 7

Management measures in exceptional circumstances

Member States shall ensure that timely and adequate

management measures are taken when they are aware of

unexpected situations that have, or could reasonably be

expected to have, an adverse impact on bathing water quality

and on bathers' health. Such measures shall include information to the public and, if necessary, a temporary bathing

prohibition.

Article 8

Cyanobacterial risks

1. When the bathing water profile indicates a potential for

cyanobacterial proliferation, appropriate monitoring shall be

carried out to enable timely identification of health risks.

2. When cyanobacterial proliferation occurs and a health

risk has been identified or presumed, adequate management

measures shall be taken immediately to prevent exposure,

including information to the public.

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Article 9

Other parameters

1. When the bathing water profile indicates a tendency for

proliferation of macro-algae and/or marine phytoplankton,

investigations shall be undertaken to determine their acceptability and health risks and adequate management measures

shall be taken, including information to the public.

2. Bathing waters shall be inspected visually for pollution

such as tarry residues, glass, plastic, rubber or any other waste.

When such pollution is found, adequate management

measures shall be taken, including, if necessary, information

to the public.

Article 10

Cooperation on transboundary waters

Wherever a river basin gives rise to transboundary impacts on

bathing water quality, the Member States involved shall

cooperate as appropriate in implementing this Directive,

including through the appropriate exchange of information

and joint action to control those impacts.

CHAPTER III

EXCHANGE OF INFORMATION

Article 11

Public participation

Member States shall encourage public participation in the

implementation of this Directive and shall ensure the

provision of opportunities for the public concerned:

— to find out how to participate, and

— to formulate suggestions, remarks or complaints.

This shall relate, in particular, to the establishment, review and

updating of lists of bathing waters in accordance with

Article 3(1). Competent authorities shall take due account of

any information obtained.

Article 12

Information to the public

1. Member States shall ensure that the following information

is actively disseminated and promptly made available during

the bathing season in an easily accessible place in the near

vicinity of each bathing water:

(a) the current bathing water classification and any bathing

prohibition or advice against bathing referred to in this

Article by means of a clear and simple sign or symbol;

(b) a general description of the bathing water, in nontechnical language, based on the bathing water profile

established in accordance with Annex III;

(c) in the case of bathing waters subject to short-term

pollution:

— notification that the bathing water is subject to

short-term pollution,

— an indication of the number of days on which

bathing was prohibited or advised against during

the preceding bathing season because of such

pollution, and

— a warning whenever such pollution is predicted or

present,

(d) information on the nature and expected duration of

abnormal situations during such events;

(e) whenever bathing is prohibited or advised against, a

notice advising the public and giving reasons;

(f) whenever a permanent bathing prohibition or permanent advice against bathing is introduced, the fact that

the area concerned is no longer a bathing water and the

reasons for its declassification; and

(g) an indication of sources of more complete information

in accordance with paragraph 2.

2. Member States shall use appropriate media and technologies, including the Internet, to disseminate actively and

promptly the information concerning bathing waters referred

to in paragraph 1 and also the following information in

several languages, when appropriate:

(a) a list of bathing waters;

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(b) the classification of each bathing water over the last three

years and its bathing water profile, including the results

of monitoring carried out in accordance with this

Directive since the last classification;

(c) in the case of bathing waters classified as being ‘poor’,

information on the causes of pollution and measures

taken with a view to preventing bathers' exposure to

pollution and to tackle its causes as referred to in

Article 5(4); and

(d) in the case of bathing waters subject to short-term

pollution, general information on:

— conditions likely to lead to short-term pollution,

— the likelihood of such pollution and its likely

duration,

— the causes of the pollution and measures taken with

a view to preventing bathers' exposure to pollution

and to tackle its causes.

The list referred to in point (a) shall be available each year

before the start of the bathing season. The results of the

monitoring referred to in point (b) shall be made available on

the Internet upon completion of the analysis.

3. The information referred to in paragraphs 1 and 2 shall

be disseminated as soon as it is available and with effect from

the start of the fifth bathing season after 24 March 2008.

4. Member States and the Commission shall, wherever

possible, provide information to the public using georeferenced technology and present it in a clear and coherent

manner, in particular through the use of signs and symbols.

Article 13

Reports

1. Member States shall provide the Commission with the

results of the monitoring and with the bathing water quality

assessment for each bathing water, as well as with a

description of significant management measures taken.

Member States shall provide this information annually by

31 December in relation to the preceding bathing season.

They shall begin providing it once the first bathing water

quality assessment has been carried out in accordance with

Article 4.

2. Member States shall notify the Commission annually

before the start of the bathing season of all waters identified as

bathing waters, including the reason for any change compared

to the preceding year. They shall do so for the first time before

the start of the first bathing season after 24 March 2008.

3. When monitoring of bathing water has started under this

Directive, annual reporting to the Commission in accordance

with paragraph 1 shall continue to take place pursuant to

Directive 76/160/EEC until a first assessment can be made

under this Directive. During that period, parameter 1 of the

Annex to Directive 76/160/EEC shall not be taken into

account in the annual report, and 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 of Annex I to

this Directive.

4. The Commission shall publish an annual summary 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 by 30 April every year, including

via the Internet. 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.

CHAPTER IV

FINAL PROVISIONS

Article 14

Report and review

1. The Commission shall, by 2008, submit a report to the

European Parliament and to the Council. The report shall have

particular regard to:

(a) the results of an appropriate European epidemiological

study conducted by the Commission in collaboration

with Member States;

(b) other scientific, analytical and epidemiological developments relevant to the parameters for bathing water

quality, including in relation to viruses; and

(c) World Health Organisation recommendations.

2. Member States shall, by the end of 2014, submit written

observations to the Commission on that report including on

the need for any further research or assessments which may be

required to assist the Commission in its review of this

Directive under paragraph 3.

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3. In the light of the report, the Member States' written

observations and an extended impact assessment and bearing

in mind experience gained from implementing this Directive,

the Commission shall, no later than 2020, review this

Directive with particular regard to the parameters for bathing

water quality, including whether it would be appropriate to

phase out the ‘sufficient’ classification or modify the

applicable standards, and shall present if necessary appropriate

legislative proposals in accordance with Article 251 of the

Treaty.

Article 15

Technical adaptations and implementing measures

1. It shall be decided in accordance with the procedure

referred to in Article 16(2):

(a) to specify the EN/ISO standard on the equivalence of

microbiological methods for the purposes of Article 3(9);

(b) to lay down detailed rules for the implementation of

Articles 8(1), 12(1)(a) and 12(4);

(c) to adapt the methods of analysis for the parameters set

out in Annex I in the light of scientific and technical

progress;

(d) to adapt Annex V in the light of scientific and technical

progress;

(e) to lay down guidelines for a common method for the

assessment of single samples.

2. The Commission shall present a draft of the measures to

be taken in accordance with paragraph 1(b) with respect to

Article 12(1)(a) by 24 March 2010. Before doing so, it shall

consult representatives of Member States, regional and local

authorities, relevant tourist and consumer organisations and

other interested parties. After the adoption of relevant rules, it

shall publicise them via the Internet.

Article 16

Committee procedure

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 17

Repeal

1. Directive 76/160/EEC is hereby repealed with effect from

31 December 2014. Subject to paragraph 2, this repeal shall be

without prejudice to Member States' obligations 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 the repealed Directive 76/160/EEC shall be

construed as being made to this Directive.

Article 18

Implementation

1. Member States shall bring into force the laws, regulations

and administrative provisions necessary to comply with this

Directive by 24 March 2008. They shall forthwith inform the

Commission thereof.

When Member States adopt these measures, they shall contain

a reference to this Directive or shall be accompanied by such a

reference on the occasion of their official publication. The

methods of making such reference shall be laid down by

Member States.

2. Member States shall communicate to the Commission the

texts of the main provisions of national law that they adopt in

the field covered by this Directive.

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Article 19

Entry into force

This Directive shall enter into force on the 20th day following

its publication in the Official Journal of the European Union.

Article 20

Addressees

This Directive is addressed to Member States.

Done at Strasbourg, 15 February 2006.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

H. WINKLER

4.3.2006 EN Official Journal of the European Union L 64/45
ANNEX I

For inland waters

A BCD E

Parameter Excellent

quality Good quality Sufficient Reference methods

of analysis

1 Intestinal enterococci (cfu/100 ml) 200 (*) 400 (*) 330 (**) ISO 7899-1 or

ISO 7899-2

2 Escherichia coli (cfu/100 ml) 500 (*) 1 000 (*) 900 (**) ISO 9308-3 or

ISO 9308-1

(*) Based upon a 95‐percentile evaluation. See Annex II.

(**) Based upon a 90‐percentile evaluation. See Annex II.

For coastal waters and transitional waters

A BCD E

Parameter Excellent

quality Good quality Sufficient Reference methods

of analysis

1 Intestinal enterococci (cfu/100 ml) 100 (*) 200 (*) 185 (**) ISO 7899-1 or

ISO 7899-2

2 Escherichia coli (cfu/100 ml) 250 (*) 500 (*) 500 (**) ISO 9308-3 or

ISO 9308-1

(*) Based upon a 95‐percentile evaluation. See Annex II.

(**) Based upon a 90‐percentile evaluation. See Annex II.

L 64/46 EN Official Journal of the European Union 4.3.2006
ANNEX II

Bathing water assessment and classification

1. Poor quality

Bathing waters are to be classified as ‘poor’ if, in the set of bathing water quality data for the last assessment

period (a

), the percentile values (b) for microbiological enumerations are worse (c) than the ‘sufficient’ values set

out in Annex I, column D.

2. Sufficient quality

Bathing waters are to be classified as ‘sufficient’:

1. if, in the set of bathing water quality data for the last assessment period, the percentile values for

microbiological enumerations are equal to or better (d

) than the ‘sufficient’ values set out in Annex I,

column D; and

2. if the bathing water is subject to short-term pollution, on condition that:

(i) adequate management measures are being taken, including surveillance, early warning systems and

monitoring, with a view to preventing bathers' exposure by means of a warning or, where necessary,

a bathing prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of

pollution; and

(iii) the number of samples disregarded in accordance with Article 3(6) because of short‐term pollution

during the last assessment period represented no more than 15 % of the total number of samples

provided for in the monitoring calendars established for that period, or no more than one sample

per bathing season, whichever is the greater.

3. Good quality

Bathing waters are to be classified as ‘good’:

1. if, in the set of bathing water quality data for the last assessment period, the percentile values for

microbiological enumerations are equal to or better (d

) than the ‘good quality’ values set out in Annex I,

column C; and

2. if the bathing water is subject to short-term pollution, on condition that:

(i) adequate management measures are being taken, including surveillance, early warning systems and

monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary,

a bathing prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of

pollution; and

(iii) the number of samples disregarded in accordance with Article 3(6) because of short‐term pollution

during the last assessment period represented no more than 15 % of the total number of samples

provided for in the monitoring calendars established for that period, or no more than one sample

per bathing season, whichever is the greater.

4.3.2006 EN Official Journal of the European Union L 64/47
4. Excellent quality

Bathing waters are to be classified as ‘excellent’:

1. if, in the set of bathing water quality data for the last assessment period, the percentile values for

microbiological enumerations are equal to or better than the ‘excellent quality’ values set out in Annex I,

column B; and

2. if the bathing water is subject to short-term pollution, on condition that:

(i) adequate management measures are being taken, including surveillance, early warning systems and

monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary,

a bathing prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of

pollution; and

(iii) the number of samples disregarded in accordance with Article 3(6) because of short‐term pollution

during the last assessment period represented no more than 15 % of the total number of samples

provided for in the monitoring calendars established for that period, or no more than one sample

per bathing season, whichever is the greater.

NOTES

(

a

) ‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified in Article

4(2) or (4).

(

b

) Based upon percentile evaluation of the log10 normal probability density function of microbiological data

acquired from the particular bathing water, the percentile value is derived as follows:

(i) Take the log10 value of all bacterial enumerations in the data sequence to be evaluated. (If a zero value is

obtained, take the log10 value of the minimum detection limit of the analytical method used instead.)

(ii) Calculate the arithmetic mean of the log10 values (μ).

(iii) Calculate the standard deviation of the log10 values (σ).

The upper 90‐percentile point of the data probability density function is derived from the following equation:

upper 90‐percentile = antilog (μ + 1,282 σ).

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

upper 95‐percentile = antilog (μ + 1,65 σ).

(

c

) ‘Worse’ means with higher concentration values expressed in cfu/100 ml.

(

d

) ‘Better’ means with lower concentration values expressed in cfu/100 ml.

L 64/48 EN Official Journal of the European Union 4.3.2006
ANNEX III

The bathing water profile

1. The bathing water profile referred to in Article 6 is to consist of:

(a) a description of the physical, geographical and hydrological characteristics of the bathing water, and of

other surface waters in the catchment area of the bathing water concerned, that could be a source of

pollution, which are relevant to the purpose of this Directive and as provided for in Directive 2000/60/EC;

(b) an identification and assessment of causes of pollution that might affect bathing waters and impair

bathers' health;

(c) an assessment of the potential for proliferation of cyanobacteria;

(d) an assessment of the potential for proliferation of macro-algae and/or phytoplankton;

(e) if the assessment under point (b) shows that there is a risk of short-term pollution, the following

information:

— the anticipated nature, frequency and duration of expected short-term pollution,

— details of any remaining causes of pollution, including management measures taken and the time

schedule for their elimination,

— management measures taken during short-term pollution and the identity and contact details of

bodies responsible for taking such action,

(f) the location of the monitoring point.

2. In the case of bathing waters classified as ‘good’, ‘sufficient’ or ‘poor’, the bathing water profile is to be reviewed

regularly to assess whether any of the aspects listed in paragraph 1 have changed. If necessary, it is to be

updated. The frequency and scope of reviews is to be determined on the basis of the nature and severity of the

pollution. However, they are to comply with at least the provisions and to take place with at least the frequency

specified in the following table.

Bathing water classification ‘Good’ ‘Sufficient’ ‘Poor’

Reviews are to take place at least every four years three years two years

Aspects to be reviewed (points of paragraph 1)(a) to (f) (a) to (f) (a) to (f)

In the case of bathing waters previously classified as ‘excellent’, the bathing water profiles need be reviewed and,

if necessary, updated only if the classification changes to ‘good’, ‘sufficient’ or ‘poor’. The review is to cover all

aspects mentioned in paragraph 1.

3. In the event of significant construction works or significant changes in the infrastructure in or in the vicinity of

the bathing water, the bathing water profile is to be updated before the start of the next bathing season.

4. The information referred to in paragraph 1(a) and (b) is to be provided on a detailed map whenever practicable.

5. Other relevant information may be attached or included if the competent authority considers it appropriate.

4.3.2006 EN Official Journal of the European Union L 64/49
ANNEX IV

Bathing water monitoring

1. One sample is to be taken shortly before the start of each bathing season. Taking account of this extra sample

and subject to paragraph 2, no fewer than four samples are to be taken and analysed per bathing season.

2. However, only three samples need be taken and analysed per bathing season in the case of a bathing water that

either:

(a) has a bathing season not exceeding eight weeks; or

(b) is situated in a region subject to special geographical constraints.

3. Sampling dates are to be distributed throughout the bathing season, with the interval between sampling dates

never exceeding one month.

4. In the event of short-term pollution, one additional sample is to be taken to confirm that the incident has

ended. This sample is not to be part of the set of bathing water quality data. If necessary to replace a disregarded

sample, an additional sample is to be taken seven days after the end of the short-term pollution.

L 64/50 EN Official Journal of the European Union 4.3.2006
ANNEX V

Rules on the handling of samples for microbiological analyses

1. Sampling point

Where possible, samples are to be taken 30 centimetres below the water's surface and in water that is at least

one metre deep.

2. Sterilisation of sample bottles

Sample bottles are:

— to undergo sterilisation in an autoclave for at least 15 minutes at 121 oC, or

— to undergo dry sterilisation at between 160 oC and 170 oC for at least one hour, or

— to be irradiated sample containers obtained directly from manufacturer.

3. Sampling

The volume of the sampling bottle/container is to depend on the quantity of water needed for each parameter to

be tested. The minimum content is generally 250 ml.

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

In order to prevent accidental contamination of the sample, the sampler is to employ an aseptic technique to

maintain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile surgical

gloves or tongs or sample pole) if this is done properly.

The sample is to be clearly identified in indelible ink on the sample and on the sampling form.

4. Storage and transport of samples before analysis

Water samples are to be protected at all stages of transport from exposure to light, in particular direct sunlight.

The sample is to be conserved at a temperature of around 4 oC, in a cool box or refrigerator (depending on

climate) until arrival at the laboratory. If the transport to the laboratory is likely to take more than four hours,

then transport in a refrigerator is required.

The time between sampling and analysis is to be kept as short as possible. It is recommended that samples be

analysed on the same working day. If this is not possible for practical reasons, then the samples shall be

processed within no more than 24 hours. In the meantime, they shall be stored in the dark and at a temperature

of 4 oC±3 oC.

4.3.2006 EN Official Journal of the European Union L 64/51