1976L0160 — EN — 05.06.2003 — 003.001 — 1
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►B COUNCILDIRECTIVE
of8December 1975
concerningthequalityofbathingwater
(76/160/EEC)
(OJ L 31, 5.2.1976, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive of 23 December 1991 (91/692/EEC) L 377 48 31.12.1991
►M2Council Regulation (EC) No 807/2003 of 14 April 2003 L 122 36 16.5.2003
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A3Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of8December 1975
concerningthequalityofbathingwater
(76/160/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles100 and 235 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and Social
Committee (2),
Whereas, in order to protect the environment and public health, it is
necessary to reduce the pollution of bathing water and to protect such
water against further deterioration;
Whereas surveillance of bathing water is necessary in order to attain,
within the framework of the operation of the common market, theCommunity'sobjectivesasregardsthe improvement of living condi-tions, the harmonious development of economic activities throughoutthe Community and continuousand balanced expans ion;
Whereas there exist in this area certain laws, regulations or administra-
tive provisions in Member States which directly affect the functioning
of the common market; whereas, however, not all the powers needed toact in thisway have been provided for in the Treaty;
Whereasthe programme of action of the European Communitieson the
environment (
3) providesthat quality objectivesare to be jointly drawn
up fixing the variousrequirementswhich an environment mus t meetinter alia the definition of parametersfor water, including bathing
water;
Whereas, in order to attain these quality objectives, the Member States
must lay down limit values corresponding to certain parameters;whereas bathing water must be made to conform to these values within10 yearsfollowing the notification of thisDirective;
Whereasit s hould be provided that bathing water will, under certain
conditions, be deemed to conform to the relevant parametric valueseven if a certain percentage of samples taken during the bathing season
doesnot comply with the limitss pecified in the Annex;
Whereas, to achieve a certain degree of flexibility in the application of
thisDirective, the Member Statesmus t have the power to provide forderogations; whereas such derogations must not, however, disregardrequirements essential for the protection of public health;
Whereas technical progress necessitates rapid adaptation of the tech-
nical requirementslaid down in the Annex; whereas , in order to
facilitate the introduction of the measures required for this purpose, a
procedure should be provided for whereby close cooperation would beestablished between the Member States and the Commission within aCommittee on Adaptation to Technical Progress;
Whereaspublic interes t in the environment and in the improvement of
its quality is increasing; whereas the public should therefore receiveobjective information on the quality of bathing water,1976L0160 — EN — 05.06.2003 — 003.001 — 2
(1) OJ No C 128, 9. 6. 1975, p. 13.
(2) OJ No C 286, 15. 12. 1975, p. 5.
(3) OJ No C 112, 20. 12. 1973, p. 3.
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HAS ADOPTED THIS DIRECTIVE:
Article 1
1. ThisDirective concernsthe quality of bathing water, with the
exception of water intended for therapeutic purposes and water usedin swimming pools.
2. For the purposes of this Directive:
(a) ‘bathing water’ means all running or still fresh waters or parts
thereof and sea water, in which:
— bathing isexplicitly authorized by the competent authoritiesof
each member (SIC! Member) State, or
— bathing isnot prohibited and istraditionally practis ed by a large
number of bathers;
(b) ‘bathing area’ meansany place where bathing water isfound;
(c) ‘bathing season’ means the period during which a large number of
batherscan be expected, in the light of local cus tom, and any localrules which may exist concerning bathing and weather conditions.
Article 2
The physical, chemical and microbiological parameters applicable to
bathing water are indicated in the Annex which formsan integral part
of thisDirective.
Article 3
1. Member States shall set, for all bathing areas or for each indivi-
dual bathing area, the valuesapplicable to bathing water for the
parametersgiven in the Annex.
In the case of the parameters for which no values are given in the
Annex, Member Statesmay decide not to fix any valuespurs uant tothe first subparagraph, until such time as figures have been determined.
2. The values set pursuant to paragraph 1 may not be less stringent
than those given in column I of the Annex.
3. Where valuesappear in column G of the Annex, whether or not
there isa corres ponding value in column I of the Annex, Member
States shall endeavour, subject to Article 7, to observe them as guide-
lines.
Article 4
1. Member States shall take all necessary measures to ensure that,
within 10 yearsfollowing the notification of thisDirective, the quality
of bathing water conformsto the limit valuess et in accordance with
Article 3.
2. Member States shall ensure that, in bathing areas specially
equipped for bathing to be created by the competent authoritiesof theMember Statesafter the notification of thisDirective, the ‘I values ’
laid down in the Annex are observed from the time when bathing is
first permitted. However, for bathing areas created during the two yearsfollowing the notification of thisDirective, thes e valuesneed not beobserved until the end of that period.
3. In exceptional circumstances Member States may grant deroga-
tionsin res pect of the 10-year time limit laid down in paragraph 1.Justifications for any such derogations based on plans for the manage-ment of water within the area concerned must be communicated to theCommission as soon as possible and not later than six years followingthe notification of this Directive. The Commission shall examine these
justifications in detail and, where necessary, make appropriate propo-
sals concerning them to the Council.
4. Asregardss ea water in the vicinity of frontiersand water
crossing frontiers which affect the quality of the bathing water ofanother Member State, the consequences for the common quality objec-1976L0160 — EN — 05.06.2003 — 003.001 — 3
▼B
tives for bathing areas so affected shall be determined in collaboration
by the riparian Member Statesconcerned.
The Commission may participate in these deliberations.
Article 5
1. For the purposes of Article 4, bathing water shall be deemed to
conform to the relevant parameters:
if samples of that water, taken at the same sampling point and at the
intervals specified in the Annex, show that it conforms to the para-metric valuesfor the quality of the water concerned, in the cas e of:
— 95 % of the samples for parameters corresponding to those speci-
fied in column I of the Annex;
— 90 % of the samples in all other cases with the exception of the
‘total coliform’ and ‘faecal coliform’ parameterswhere the percen-tage may be 80 %
and if, in the case of the 5, 10 or 20 % of the samples which do not
comply:
— the water doesnot deviate from the parametric valuesin ques tion
by more than 50 %, except for microbiological parameters, pH anddissolved oxygen;
— consecutive water samples taken at statistically suitable intervals do
not deviate from the relevant parametric values.
2. Deviationsfrom the valuesreferred to in Article 3 s hall not be
taken into consideration in the calculation of the percentage referredto in paragraph 1 when they are the result of floods, other natural disas-
tersor abnormal weather conditions .
Article 6
1. The competent authoritiesin the Member Statess hall carry out
sampling operations, the minimum frequency of which is laid down in
the Annex.
2. Sampless hould be taken at placeswhere the daily average
density of bathers is highest. Samples should preferably be taken
30 cm below the surface of the water except for mineral oil samples
which shall be taken at surface level. Sampling should begin twoweeks before the start of the bathing season.
3. Local investigation of the conditions prevailing upstream in the
case of fresh running water, and of the ambient conditions in the case
of fresh still water and sea water should be carried out scrupulouslyand repeated periodically in order to obtain geographical and topogra-phical data and to determine the volume and nature of all polluting andpotentially polluting discharges and their effects according to thedistance from the bathing area.
4. Should inspection by a competent authority or sampling opera-
tions reveal that there is a discharge or a probable discharge ofsubstances likely to lower the quality of the bathing water, additionalsampling must take place. Such additional sampling must also take
place if there are any other grounds for suspecting that there is a
decrease in water quality.
5. Reference methodsof analys isfor the parametersconcerned are
set out in the Annex. Laboratories which employ other methods must
ensure that the results obtained are equivalent or comparable to those
specified in the Annex.
Article 7
1. Implementation of the measures taken pursuant to this Directive
may under no circumstances lead either directly or indirectly to dete-
rioration of the current quality of bathing water.
2. Member Statesmay at any time fix more s tringent valuesfor
bathing water than those laid down in this Directive.1976L0160 — EN — 05.06.2003 — 003.001 — 4
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Article 8
ThisDirective may be waived:
(a) in the case of certain parameters marked (0) in the Annex, because
of exceptional weather or geographical conditions;
(b) when bathing water undergoesnatural enrichment in certain
substances causing a deviation from the values prescribed in theAnnex.
Natural enrichment meansthe proces swhereby, without human inter-
vention, a given body of water receivesfrom the s oil certainsubstances contained therein.
In no case may the exceptions provided for in this Article disregard the
requirements essential for public health protection.
Where a Member State waives the provisions of this Directive, it shall
forthwith notify the Commission thereof, stating its reasons and the
periodsanticipated.
Article 9
Such amendments as are necessary for adapting this Directive to tech-
nical progress shall relate to:
— the methodsof analys is
— the G and I parameter valuess et out in the Annex.
They shall be adopted in accordance with the procedure laid down in
Article 11.
Article 10
1. A Committee on Adaptation to Technical Progress (hereinafter
called ‘the committee’) is hereby set up. It shall consist of representa-tivesof the Member Statesand be chaired by a repres entative of theCommission.
Article 11
1. The Commission shall be assisted by the Committee on Adapta-
tion to Technical Progress.
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (1) shall apply.
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 12
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directivewithin two yearsof itsnotification. They s hall forthwith inform theCommission thereof.
2. Member States will communicate to the Commission the texts of
the main provisions of national law which they adopt in the fieldcovered by thisDirective.
Article 13
Every year, and for the first time by 31 December 1993, the Member
States shall send to the Commission a report on the implementation of1976L0160 — EN — 05.06.2003 — 003.001 — 5
(1) OJ L 184, 17.7.1999, p. 23.▼M2
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▼M1
▼M1
thisDirective in the current year. The report s hall be drawn up on the
basis of a questionnaire or outline drafted by the Commission in accor-dance with the procedure laid down in Article 6 of Directive 91/692/
EEC (
1) The questionnaire or outline shall be sent to the Member States
six months before the start of the period covered by the report. Thereport shall be made to the Commission before the end of the year inquestion. The Commission shall publish a Community report on theimplementation of the Directive within four monthsof receiving the
reportsfrom the Member States .
Article 14
This Directive is addressed to the Member States.1976L0160 — EN — 05.06.2003 — 003.001 — 6
(1) OJ No L 377, 31. 12. 1991, p. 48.▼B
ANNEX
QUALITYREQUIREMENTSFORBATHINGWATER
ParametersG IMinimum
sampling
frequencMethod of analysis and inspection
Microbiological:
1 Total coliforms/100 ml 500 10 000 Fortnightly
(1)Fermentation in multiple tubes. Subculturing of
the positive tubes on a confirmation medium.
Count according to MPN (most probable
number) or membrane filtration and culture on
an appropriate medium such as Tergitol lactose
agar, endo agar, 0,4 % Teepol broth, subcul-
turing and identification of the suspect colo-
nies.
In the case of 1 and 2, the incubation tempera-
ture isvariable according to whether total or
faecal coliformsare being inves tigated.2 Faecal coliforms/100 ml 100 2 000 Fortnightly
(1)
3 Faecal streptococci /100 ml 100 — (2) Litsky method. Count according to MPN (most
probable number) or filtration on membrane.
Culture on an appropriate medium.
Fermentation in multiple tubes. Subculturing of
the positive tubes on a confirmation medium.
Count according to MPN (most probable
number) or membrane filtration and culture on
an appropriate medium such as Tergitol lactose
agar, endo agar, 0,4 % Teepol broth, subcul-
turing and identification of the suspect colo-
nies.
4 Salomonella /1 l — 0 (2) Concentration by membrane filtration. Inocula-
tion on a standard medium. Enrichment —subculturing on isolating agar — identification.
5 Entero viruses PFU/10 l — 0 (2) Concentrating by filtration, flocculation or
centrifuging and confirmation.
Physico-chemical:
6 pH — 6 to 9 (0) (2) Electrometry with calibration at pH 7 and 9▼B1976L0160 — EN — 05.06.2003 — 003.001 — 7
ParametersG IMinimum
sampling
frequencMethod of analysis and inspection
7 Colour — No abnormal
change in
colour
(0)Fortnightly
(1)Visual inspection or photometry with standards
on the Pt.Co scale.
— — (2)
8 Mineral oilsmg/l — No film
visible on the
surface of the
water and no
odourFortnightly
(1)Visual and olfactory inspection or extraction
using an adequate volume and weighing the
dry residue.
0,3 — (2)
9 Surface-active
substances
reacting with
methylene bluemg/l
(lauryl-sulfate)— No lasting
foamFortnightly
(1)Visual inspection or absorption spectrophoto-
metry with methylene blue.
± 0,3 — (2)
10 Phenols
(phenol indices)mg/l
C5H5OH— No specific
odourFortnightly
(1)Verification of the absence of specific odour
due to phenol or absorption spectrophotometry
4-aminoantipyrine (4 AAP) method.± 0,005 ± 0,005 (2)
11 Transparency m 2 1 (0) Fortnightly
(1)Secchi'sdis c.
12 Dissolved oxygen % saturation O280 to 120 — 2 Winkler'smethod or electrometric method
(oxygen meter).
13 Tarry residues and floating
materialss uch aswood,
plastic articles, bottles,
containers of glass, plastic,
rubber or any other
substance. waste or splinters.Asence Fortnightly
(1)Visual inspection.
14 Ammonia mg/l NH4(3) Absorption spectrophotometry, Nessler's
method, or indophenol blue method.▼B1976L0160 — EN — 05.06.2003 — 003.001 — 8
ParametersG IMinimum
sampling
frequencMethod of analysis and inspection
15 Nitrogen Kjeldahl mg/l N (3) Kjeldahl method.
Othersubstancesregarded
asindicationsofpollution
16 Pesticides
(parathlon, HCH, diedrin)mg/l (2) Extraction with appropriate solvents and chro-
matographic determination
17 Heavy metals such as:/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Atomic absorption possibly preceded by
extraction— arsenic mg/l As (2)
— cadmiuim Cd
— chrome VI Cr VI
— lead Pb
— mercury Hg
18 Cyanides mg/l Cn (2) Absorption spectrophotometry using a specific
reagent
19 Nitratesand mg/l NO
3(3) Absorption spectrophotometry using a specific
reagent Phosphates PO4
G = guide
I = mandatory.
(0) Provision exists for exceeding the limits in the event of exceptional geographical or meteorological conditions.(1) When a sampling taken in previous years produced results which are appreciably better than those in this Annex and when no new factor likely to lower the quality of the
water hasappeared, the competent authoritiesmay reduce the s ampling frequency by factor of 2.
(2) Concentration to be checked by the competent authorities when an inspection in the bathing area shows that the substance may be present or that the q uality of the water
hasdeteriorated.
(3) These parameters must be checked by the competent authorities when there is a tendency towards the eutrophication of the water.▼B1976L0160 — EN — 05.06.2003 — 003.001 — 9