76/160 - - - I
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tents
COUNCIL DIRECTIVE
of 8 December 1975
concerning the quality of bathing water
(76/160/EEC)
(OJ No L 31, 5. 2. 1976, p. 1.)
Amending act
Official Journal
No page date
Council Directive of 23 December 1991 (91/692/EEC) L 377 48 31. 12. 1991
76/160 - - - I
ICOUNCIL DIRECTIVE
of 8 December 1975
concerning the quality of bathing water
(76/160/EEC)
THE COUNCIL OF THE EUROPEAN COMMU-
NITIES,
Having regard to the T reaty establishing the European
Economic Community, and in particular Articles 100 and
235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parlia-
ment(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 deteriora-
tion;
Whereas surveillance of bathing water is necessary in order
to attain, within the framework of the operation of the
common market, the Community’s objectives as regards
the improvement of living conditions, the harmonious de-
velopment of economic activities throughout the Commun-
ity and continuous and balanced expansion;
Whereas there exist in this area certain laws, regulations or
administrative provisions in Member States which directly
affect the functioning of the common market; whereas,
however, not all the powers needed to act in this way have
been provided for in the T reaty;
Whereas the programme of action of the European
Communities on the environment(3)provides that quality
objectives are to be jointly drawn up fixing the various re-
quirements which an environment must meet inter alia the
definition of parameters for 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 within 10 years following
the notification of this Directive;
Whereas it should be provided that bathing water will,
under certain conditions, be deemed to conform to the rel-
evant parametric values even if a certain percentage of
samples taken during the bathing season does not comply
with the limits specified in the Annex;
Whereas, to achieve a certain degree of flexibility in the
application of this Directive, the Member States must have
the power to provide for derogations; whereas such der-
ogations must not, however, disregard requirements essen-
tial for the protection of public health;
Whereas technical progress necessitates rapid adaptation of
the technical requirements laid down in the Annex; where-
as, in order to facilitate the introduction of the measures
required for this purpose, a procedure should be provided
for whereby close cooperation would be established be-
(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.
76/160 - - - I
IItween the Member States and the Commission within a
Committee on Adaptation to T echnical Progress;
Whereas public interest in the environment and in the im-
provement of its quality is increasing; whereas the public
should therefore receive objective information on the qual-
ity of bathing water,
HAS ADOPTED THIS DIRECTIVE:
76/160 - - - I
1Article 1
1. This Directive concerns the quality of bathing water,
with the exception of water intended for therapeutic pur-
poses and water used in 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 is explicitly authorized by the competent
authorities of each member (SIC! Member)
State, or
— bathing is not prohibited and is traditionally
practised by a large number of bathers;
(b) ‘bathing area’ means any place where bathing water is
found;
(c) ‘bathing season’ means the period during which a
large number of bathers can be expected, in the light
of local custom, and any local rules which may existconcerning bathing and weather conditions.
Article 2
The physical, chemical and microbiological parameters ap-
plicable to bathing water are indicated in the Annex which
forms an integral part of this Directive.
Article 3
1. Member States shall set, for all bathing areas or for
each individual bathing area, the values applicable to bath-
ing water for the parameters given in the Annex.
In the case of the parameters for which no values are
given in the Annex, Member States may decide not to fix
any values pursuant to the 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 values appear in column G of the Annex,
whether or not there is a corresponding value in column I
of the Annex, Member States shall endeavour, subject to
Article 7, to observe them as guidelines.
Article 4
1. Member States shall take all necessary measures to
ensure that, within 10 years following the notification of
this Directive, the quality of bathing water conforms to the
limit values set in accordance with Article 3.76/160/EEC
76/160 - - - I
22. Member States shall ensure that, in bathing areas
specially equipped for bathing to be created by the com-
petent authorities of the Member States after the notifica-
tion of this Directive, 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 years
following the notification of this Directive, these values
need not be observed until the end of that period.
3. In exceptional circumstances Member States may
grant derogations in respect of the 10- - -year time limit laid
down in paragraph 1. Justifications for any such deroga-
tions based on plans for the management of water within
the area concerned must be communicated to the Commis-
sion as soon as possible and not later than six years follow-
ing the notification of this Directive. The Commission shall
examine these justifications in detail and, where necessary,
make appropriate proposals concerning them to the Coun-cil.
4. As regards sea water in the vicinity of frontiers and
water crossing frontiers which affect the quality of the
bathing water of another Member State, the consequences
for the common quality objectives for bathing areas so af-
fected shall be determined in collaboration by the riparian
Member States concerned.
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 parametric values for the quality of the
water concerned, in the case of:
— 95 % of the samples for parameters correspon-
ding to those specified in column I of the Annex;
— 90 % of the samples in all other cases with the
exception of the ‘total coliform’ and ‘faecal coli-
form’ parameters where the percentage may be
80 %
and if, in the case of the 5, 10 or 20 % of the samples
which do not comply:
— the water does not deviate from the parametric
values in question by more than 50 %, except for
microbiological parameters, pH and dissolved
oxygen;
— consecutive water samples taken at statistically
suitable intervals do not deviate from the rel-evant parametric values.76/160/EEC
76/160 - - - I
32. Deviations from the values referred to in Article 3
shall not be taken into consideration in the calculation of
the percentage referred to in paragraph 1 when they are
the result of floods, other natural disasters or abnormal
weather conditions.
Article 6
1. The competent authorities in the Member States shall
carry out sampling operations, the minimum frequency of
w h i c hi sl a i dd o w ni nt h eA n n e x .
2. Samples should be taken at places where the daily
average density of bathers is highest. Samples should pre-
ferably be taken 30 cm below the surface of the water ex-
cept for mineral oil samples which shall be taken at sur-
face level. Sampling should begin two weeks before the
start of the bathing season.
3. Local investigation of the conditions prevailing up-
stream in the case of fresh running water, and of the ambi-ent conditions in the case of fresh still water and sea water
should be carried out scrupulously and repeated period-
ically in order to obtain geographical and topographical
data and to determine the volume and nature of all pollut-
ing and potentially polluting discharges and their effects
according to the distance from the bathing area.
4. Should inspection by a competent authority or sampl-
ing operations reveal that there is a discharge or a prob-
able discharge of substances likely to lower the quality of
the bathing water, additional sampling 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 methods of analysis for the parameters
concerned are set out in the Annex. Laboratories which
employ other methods must ensure that the results ob-
tained 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 di-
rectly or indirectly to deterioration of the current quality
of bathing water.
2. Member States may at any time fix more stringent
values for bathing water than those laid down in this Di-
rective.
Article 8
This Directive may be waived:
(a) in the case of certain parameters marked (0) in the
Annex, because of exceptional weather or geographi-
cal conditions;
(b) when bathing water undergoes natural enrichment in
certain substances causing a deviation from the values
prescribed in the Annex.76/160/EEC
76/160 - - - I
4Natural enrichment means the process whereby, without
human intervention, a given body of water receives from
the soil certain substances 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 Direc-
tive, it shall forthwith notify the Commission thereof, stat-
ing its reasons and the periods anticipated.
Article 9
Such amendments as are necessary for adapting this Direc-
tive to technical progress shall relate to:
— the methods of analysis
— the G and I parameter values set 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 T echnical Progress
(hereinafter called ‘the committee’) is hereby set up. It
shall consist of representatives of the Member States and
be chaired by a representative of the Commission.
2. The committee shall draw up its own rules of pro-
cedure.
Article 11
1. Where the procedure laid down in this Article is to
be followed, matters shall be referred to the committee by
the chairman, either on his own initiative or at the request
of the representative of a Member State.
2. The representative of the Commission shall submit to
the committee a draft of the measures to be adopted. The
committee shall deliver its opinion on the draft within a
time limit set by the chairman having regard to the
urgency of the matter. Opinions shall be adopted by a
majority of 54 votes, the votes of the Member States being
weighted as provided in Article 148 (2) of the T reaty. The
chairman shall not vote.
(3) (a) The Commission shall adopt the measures envis-
aged where they are in accordance with the
opinion of the committee.
(b) Where the measures envisaged are not in accord-
ance with the opinion of the committee, or if no
opinion is adopted, the Commission shall without
delay propose to the Council the measures to be
adopted. The Council shall act by a qualified
majority.
(c) If, within three months of the proposal being
submitted to it, the Council has not acted, the
proposed measures shall be adopted by the Com-
mission.76/160/EEC
Act of adhesion 185I
76/160 - - - I
5Article 12
1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive within two years of its notification.
They shall forthwith inform the Commission thereof.
2. Member States will communicate to the Commission
the texts of the main provisions of national law which they
adopt in the field covered by this Directive.
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 of this Directive in the current
year. The report shall be drawn up on the basis of a ques-
tionnaire or outline drafted by the Commission in accor-
dance with the procedure laid down in Article 6 of Direc-
tive 91/692/EEC(4)The questionnaire or outline shall be
sent to the Member States six months before the start ofthe period covered by the report. The report shall be
made to the Commission before the end of the year in
question. The Commission shall publish a Community re-
port on the implementation of the Directive within four
months of receiving the reports from the Member States.
Article 14
This Directive is addressed to the Member States.
(4)OJ No L 377, 31. 12. 1991, p. 48.76/160/EEC
91/692/EEC
76/160/EEC
76/160 - - - I
6ANNEX
QUALITY REQUIREMENTS FOR BATHING WATER
Parameters G IMinimum
samplingfre-Method o fanalysis and inspec-Parame ters G I samp lingfre-
quencMethodofanalysisandinspec
tion
Microbiological:
1 T otal coliforms /100 ml 500 10 000 Fortnightly
(1)Fermentation in multiple tu bes.
Subculturing of the positive tu-bes on a confirmation medium.
Count according to MPN
( bbl b)2Faecal coliforms /100 ml 100 2 000 Fortnightly
(1)g
(most probable number) or
membrane filtration and cultu-
re on an appropriate mediumsuch as T ergitol lactose agar,
endo agar, 0,4 % T eepol broth,
subculturing and identification
of the suspect colonies.
I nt h ec a s eo f1a n d2 ,t h ei n -
cubation temperature is varia-
ble according to whether total
or faecal coliforms are beinginvestigated.
3Faecal streptococci /100 ml 100 — (2) Litsky method. Count accor-ding to MPN (most probablenumber) or filtration on mem-
brane. Culture on an appro-
priate medium.
Fermentation in multiple tubes.
Subculturing of the positive tu-
bes on a confirmation medium.
Count according to MPN
(most probable number) or
membrane filtration and cultu-re on an appropriate medium
such as T ergitol lactose agar,
endo agar, 0,4 % T eepol broth,subculturing and identification
of the suspect colonies.
4Salomonella /1 l — 0 (2) Concentration by membrane
filtration. Inoculation on astandard medium. Enrichment
— subculturing on isolating
agar — identification.
5Entero viruses PFU/10 l — 0 (2) Concentrating by filtration,flocculation or centrifuging andconfirmation.
Physico-chemical :
6pH — 6t o9( 0 ) (2) Electrometry with calibration
at pH 7 and 976/160/EEC
76/160 - - - I
7Method of analysis and inspec-
tionMinimum
sampling fre-
quencI G ParametersMethod of analysis and inspec-
tionMinimum
sampling fre-
quencI G Parameters
7Colour —
—No abnor-
mal change
in colour
(0)
—Fortnightly
(1)
(2)Visual inspection or photome-
try with standards on the Pt.Coscale.
8Mineral oils mg/l —
±0,3No film
visible on
the surface
of the wa-
ter and no
odour
—Fortnightly
(1)
(2)Visual and olfactory inspection
or extraction using an adequatevolume and weighing the dry
residue.
9Surface-active
substancesreacting with
methylene bluemg/l
(lauryl-
sulfate)—
±0,3No lasting
foam
—Fortnightly
(1)
(2)Visual inspection or absorption
spectrophotometry with methy-lene blue.
10Phenols
(phenol indices)mg/l
C5H5OH—
±0,005No specific
odour
±0,005Fortnightly
(1)
(2)Verification of the absence of
specific odour due to phenolor absorption spectrophotome-
try 4-aminoantipyrine (4 AAP)
method.
11T ransparency m 2 1( 0 ) Fortnightly
(1)Secchi’s disc.
12Dissolved oxygen
% saturation O 280 to
120--- 2 Winkler’s method or electro-metric method (oxygen meter).
13T arry residues andfloating materialssuch as wood, plastic
articles, bottles, con-
tainers of glass, plas-
t i c ,r u b b e ro ra n y
other substance.Waste or splinters.Asence Fortnightly
(1)Visual inspection.
14Ammonia mg/l NH 4 (3) Absorption spectrophotometry,Nessler’s method, or indophe-nol blue method.76/160/EEC
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8Method of analysis and inspec-
tionMinimum
sampling fre-
quencI G ParametersMethod of analysis and inspec-
tionMinimum
sampling fre-
quencI G Parameters
15 Nitrogen Kjeldahl mg/l N (3) Kjeldahl method.
Other substances re-
garded as indicationsof pollution
16 Pesticides
(parathion, HCH,
diedrin)mg/l (2) Extraction with appropriatesolvents and chromatographicdetermination
17Heavy metals such as:
—a r s e n i c
—c a d m i u i m— chrome VI
—l e a d
—m e r c u r ymg/l As
Cd
Cr VI
Pb
Hg(2)
Atomic absorption possibly
preceded by extraction
18Cyanides mg/l Cn (2) Absorption spectrophotometryusing a specific reagent
19Nitrates andPhosphates mg/l NO 3
PO4(3) Absorption spectrophotometryusing a specific reagent
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 has appeared, the
competent authorities may reduce the sampling 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 quality of the water has deteriorated.
(3) These parameters must be checked by the competent authorities
when there is a tendency towards the eutrophication of the water.76/160/EEC