Opinion on the proposal for a Council Directive concerning the quality of bathing water (95/C 210/07)

On 14 June 1994 the Council of Ministers decided to consult the Committee of the Regions on the above-mentioned proposal.

At its 4th plenary session (meeting of 28 September 1994), the Committee of the Regions adopted the following Opinion (Rapporteur-General: Mr J. Vairinhos) by a majority.

1. General comments

1.1. The proposal seeks to amend Directive 76/160/EEC in the light of the successive adaptations to which this Directive has been subject and the scientific and technical progress made in the meantime, with a view to protecting public health and the environment.

1.2. The objectives advocated initially have not changed. All that has happened is that the Directive's operation has been simplified by only applying parameters which are strictly necessary in the light of current knowledge.

1.3. It is recognized that there are links between the quality of bathing water and the development of tourism in the European Union with a view to greater economic and social cohesion throughout the Community.

1.4. The COR is pleased to see that the principle of subsidiarity laid down in the Treaty on European Union is to be strengthened by involving regional and local authorities in the adoption of measures pursuant to the Directive's proposed objectives.

1.5. It thinks, however, that in each Member State it will be necessary to clarify the administrative and legal setup which will have responsibilities to bear in this area, so as to increase the Directive's effectiveness.

1.6. The COR points out that the different levels of intervention must be properly interlinked and complementary. Above all, environment and urban policies, which are heavily to blame for the swift degradation of coastal ecosystems when incorrectly applied, must be in tune with one another.

1.7. It recognizes the need and the importance of making all citizens aware of environmental issues. Information campaigns must be stepped up, especially among younger people, so as to bring about changes in mentality and behaviour.

1.8. The COR recognizes the importance of integrated planning and management instruments for the development of coastal areas, so as to avoid overbuilding, bad planning and any other improper activity which might threaten the natural balance of the environment and increase the sources of pollution.

1.9. The COR notes the positive contribution which the original Directive 76/160/EEC has made to improving the quality of bathing water, and the considerable impact it has had on protecting bathers' health and the state of the environment in general.

1.10. The COR is interested to note that the quality criteria and standards for waters used for recreational purposes are to be simplified without this jeopardizing the objectives. This simplification is justified by the significant increase in scientific knowledge in the fields of microbiology and analytical techniques.

1.11. The COR gives its general approval to the broad thrust of the document under consideration and issues a favourable Opinion, though it would also make a number of recommendations aimed at improving the application and effectiveness of the Directive.

2. Specific comments

2.1. The proposal was drawn up in accordance with Article 130r of the Treaty establishing the European Community, for the purpose of protecting and improving the quality of bathing water and helping to protect bathers' health. On this basis, the Commission will have to ensure the existence of strict machinery for monitoring pollutants. The COR would draw the Commission's attention to the fact that the new principle of different quality grades of bathing water which are to be subject to different checks could distort competition between the Community's regions.

2.2. Member States are to be free to adopt the measures they see fit, in the light of each region's distinctive features. The only obligation they will have to fulfil is that they meet the objectives that have been set. Despite this, the COR calls on the Commission to adopt an interdisciplinary approach and consider concerted measures for tackling the various matters which may affect living and environmental conditions in bathing areas.

2.3. The idea of providing comparable information on bathing water quality is innovative and entirely commendable. It will allow bathers to make an informed choice when deciding where to bathe. Nonetheless, it is recommended that documentation be drawn up for alerting bathers to the problems and allowing them to use bathing areas properly.

2.4. The COR suggests that the deadlines for the transposition of the Directive's provisions into national legislation be extended so as to fit in with other Directives already in force in this field.

2.5. The proposal achieves its aim of simplifying matters by omitting the analytical parameters which are not thought to provide any extra information or to be relevant for bathing purposes. At the same time bathers are to be provided with precise information.

2.6. The preference for faecal contamination indicators, which are responsible for a variety of diseases, raises the question of which parameters are to be monitored and how representative these are. In this respect faecal streptococci and E.coli are regarded as reliable indicators of faecal contamination. They can be analyzed efficiently, with the results being obtained quickly and cheaply, and can thus be regarded as an initial basis for monitoring bathing water quality.

2.7. However, this is not a way of checking for the presence of enteric viruses in bathing water. Hence the question of how these viruses can best be monitored.

The COR is seriously concerned about the Commission's proposal that regular tests for enteroviruses should be obligatory. Local and regional authorities will find it difficult to adhere to this because of the cost and the administrative work involved.

The COR therefore asks the Commission to examine the possibility of being more flexible about these tests. The Commission should consider whether it is feasible to make provision for other less costly tests.

The indicator 'bacteriophages' is proposed as an alternative. This indicator is easier to analyze, the results are obtained quickly and the tests are less costly.

2.8. Finally, the COR proposes that the circumstances under which bathing is to be prohibited should be precisely defined in Article 7. The Committee of the Regions rejects the classification of bathing water into two categories. This goes beyond the proposed Directive's purpose of protecting bathers. The proposed Directive lays down limit values. If water fails to comply with these values, it is no longer suitable for bathing, but if it does comply, bathers need not fear for their health. Any further classification would give rise to differing interpretations and data manipulation which do not serve the protection of health.

Done at Brussels, 28 September 1994.

The Chairman

of the Committee of the Regions

Jacques BLANC