*?<|1*j",Çf'tifW 
a -it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 17.11.1997 
COM(97) 585 final 
94/0006 (SYN) 
Amended Proposal for a 
COUNCIL DIRECTIVE 
on the quality of bathing water 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MF.MOR ANDTTM 
The Commission submits this amended Proposal for a Council Directive on the quality of 
bathing water, pursuant to Article 189 (a) paragraph 2 of the EC Treaty. The amended 
proposal takes account of a number of amendments adopted by the European Parliament at 
its December 1996 Plenary Session. 
In general the Commission cannot accept the amendments which are, in its opinion, 
unworkable, or which will make implementation unduly onerous. On the other hand the 
Commission can accept amendments. which improve the clarity of the text and which 
remove any possible areas of ambiguity or doubt. The Commission can also accept those 
amendments which improve still further thé transparency of the proposed Directive. 
The Commission's position on the amendments adopted by Parliament is as follows: 
Amendments 4, 9, 10, 11, 12, 14, 18, 21, 23, 24, 26, 28, 31, 33, 34, 35, 36, 37 and 40 are 
accepted either completely or in principle. These all improve the text, either by including 
sensible and logical additional requirements, or by removing possible areas of 
misinterpretation, or by improving transparency and the level of protection provided. 
Amendments 6,17,22(first part), 27,29 are accepted in part: the Commission proposes 
either some modification in the wording or a deletion of part of the text. 
On the other hand, amendments 1, 2, 3, 5, 6(partly), 7, 8, 13, 15, 16, 19, 20, 
22(second part), 25, 30,32, 38 and 39 are not accepted. 
Amendments 2, 3, 6(partly), 8 and 22d - requesting an orientation towards tourism and/or 
Tourism programmes - and amendments 1, 5 and 15 - requesting an extension from 
bathing water to recreational water - do not fall within the scope of the Proposal. 
Amendments 38 and 39 - inserting a pesticide and nitrates parameter (respectively) in 
Annex I, Table I - are dealt with by Directives 76/646/EEC, 91/414/EEC, 91/676/EEC 
and91/271/EEC. 
Amendments 13 and 30 - introducing a type I advisory committee- cannot be accepted 
because the Commission does not accept the need for altering the type of committee 
provided for in its proposal. 
Amendments 16 - excessively stringent definition of bathing zone -, 19 and 20 - deleting 
a transition period for new bathing zones - would endanger the implementation of the 
proposed Directive. 
Amendments 25 - requesting the establishment by each Member State of public 
information data base - and 32 - requesting a yearly financial report of the actions 
undertaken by Member States regarding the implementation of the Directive - are not 
consistent with the principle of Subsidiarity. 
Amendment 7 does not add anything to the Proposal. 
Amended Proposal for a 
COUNCIL DIRECTIVE 
on the quality of bathing water 
W 
Original Proposal Amended Proposal 
Recital 6 (amendment 4) 
Whereas the list of parameters to be measured should 
indicate in the most appropriate way the quality of bathing 
water and take account of advances in science and 
technology, whereas there is a need to require the 
verification of only those parameters which are 
indispensable for ensuring an adequate protection of 
human health; Whereas the parameters to be measured should indicate in the most 
appropriate way the quality of bathing water and take account of 
advances in science and technology; whereas there is a need to 
require the verification of only those parameters which are 
indispensable for ensuring an adequate protection of human health; 
Recital 10 (amendment 6 in part) 
Whereas to highlight situations where outstanding results 
are achieved it desirable to introduce a standard of 
"excellent quality" for bathing water; Whereas to highlight situations where outstanding results are 
achieved it desirable to introduce a standard of "good quality" for 
bathing water; 
Recital 11 (amendment 9) 
Whereas, in the case of bathing waters first falling within 
the scope of this Directive after 31 December 1995 as a 
result of an increased use by bathers, it is appropriate to 
allow a period of time for Member States to bring them up 
to the requisite quality; Whereas in the case of bathing waters first falling within the scope of 
this Directive after 31 December 1997. as a result of an increased use 
by bathers, it is appropriate to allow a period of time for Member 
States to bring them up to the requisite quality; 
Recital 12 (amendment 10) 
Whereas the public should be adequately informed about 
the quality of bathing waters and about any remedial 
action taken by the competent authorities; Whereas the public should be informed in a comprehensible and 
uniform way about the quality of bathing waters and about any 
remedial action taken by the competent authorities; 
Recital 13 (amendment 11) 
Whereas Member States should monitor the quality of 
bathing water with adequate frequency and analyse them 
by comparable methods; whereas this frequency can be 
reduced, under certain conditions, for bathing waters 
which have previously proved to be of excellent quality; Whereas Member States should monitor the quality of bathing 
water with adequate frequency and analyse them by comparable 
methods; whereas this frequency can be reduced, under certain 
conditions, for bathing waters which have previously proved to be 
of good quality; 
Recital 13 a (new) (amendment 12) 
Whereas if in the fttfure inspection forms part of the remit of the 
European Environment Agency, duties will he conferred on the 
Agency under this Directive: 
Recital 16 a (new) (amendment 14 - principle) 
Whereas this Directive will be closely coordinated with ihe. 
'Directive establishing a Framework for European Community Water 
Policy', as soon as this Framework Directive is adopted; whereas this 
coordination is needed because bathing waters and their associated 
Management Plans' required by this Framework. Directive; 
Article l(2Xc) (amendment î 7 in part) 
(c) "bathing season" means the period during which a (c) "bathing season" means the period during which p_gfipjfi 
large number of bathers can be expected, in the light of normally bathe, in the light of the geographical situation, local 
local custom, and any local rules which may exist custom, and weather conditions, 
concerning bathing and weather conditions 
Article l(2)(d) (aew) (amendment 18) 
t authority' means the authority, indicated by the 
State, emimwered to mforc£^|LflLBPjnc_BfJbe, oftUgrtJpng. 
arising. 
Article 5(1) (amendment 21) 
1. Bathing water shall be deemed to'comply with the 1. Bathfog water shall be deemed to comply with the requirements 
requirements of this Directive .if fer each parameter of this Directive when the number of samples fai 
exceed the mimber specified in Jjble 2 of AITOBLL 
the relevant value does not exceed the number 
specified in Table 2 of Annex I. 
Article 5(2) (amendment 22 in part) 
2. Bathing water shall be deemed to be of 'good quality' if: 
• the bathing water conforms to the requirements of this 
Directive in the manner specified in paragraph 1, and 
• the number of samples which fail to comply with the values 
in column G of Ti 
aumbeLi 
Assessment of whether bathing water is of good quality 
shall be on the basis of the results obtained in a bathing 
season. 
Article 5(3) (amendment 23) 
3. In assessing compliance with ihe values in columns G 3. In assessing compliance with the values in columns G and I in 
arid 1 in Table 1 of Annex I, temporary deviations which Table î of Annex I, temporary deviations which are the results of 
are the results of floods, other natural disasters or floods, other natural disasters or abnoi-mal weathei-conditions may be 
abnormal weather conditions may be disregarded. ïhs disregarded. IMJ^ffiffiis^.^^^ 
Commission shall be informed of those cases.in which S^hi^MS-Fi^^ 
^«"pmviriwihMbeanised. PMl^^lLfe^M^^Mlfe^ 
Article 5(4) (amendment 24) 
Member States shati ensure that ajaej£iaJeJn£mnaliQa 
on bathing water quality is prominently displayed at 
each bathing area. This shall include in particular: 4. Member States shall ensure that uniform and easily 
imk^îwâÉÛSL-JïïkBmsâ.Qlî on bathing water quality is 
prominently displayed at each bathing 2,o~e, This shr.Il include, m 
particular: 
1 OJ N° L158,23.6.1990, p.56. 
a statement of whether the bathing water 
complied with the requirements of the 
Directive in the previous bathing season; 
most recent information enabling the public 
to assess bathing water quality during the 
current bathing season; and 
information, including a timetable, on any 
remedial works in progress of planned. a statement of whether the bathing water complied 
with the requirements of the Directive in the previous 
bathing season; 
information on general safety aspects and on where 
assistance may b^ obtained if needed: 
most recent information enabling the public to assess 
bathing water quality during the current bathing 
season; 
information, including a timetable, on any remedial 
works in progress or planned. 
The provisions of this paragraph are without prejudice to 
the implementation of Council Directive 90/313/EEC' The provisions of this paragraph are without prejudice to the 
implementation of Council Directive 907313/EEC1 . 
Article 6 (1) (amendment 26) 
The competent authorities in the Member States shall 
sample and analyze and make visual and olfactory 
inspections of bathing waters during the period 
specified in paragraph (2) and at least as frequently as 
is specified in Table 1 of Annex L 1. The competent authorities in the Member States shall sample 
and analyse and make visual and olfactory inspections of bathing 
waters during the period specified in paragraph 2 and at least as 
frequently as is specified in Table 1 of Annex I and in 
accordance with a code of good practice for sampling and 
treatment of samples drafted bv the committee referred to in 
Article 10. 
Article 6(3) §2 (amendment 27 in part) 
They shall, in particular, identify all pollution sources, 
whether discharges, or contributions from diffuse sources, 
which might lead to salmonella reaching bathing areas, 
and shall take appropriate action to avoid pollution from 
such sources. They shall, in particular, identify all pollution sources, whether 
discharges, or contributions from diffuse sources, which might lead 
to salmonella reaching bathing areas, and shall take appropriate 
action to avoid pollution from such sources 
Commission of such actions.. 
Article 6(4) (amendment 28) 
4. The competent authority shall investigate any 
unexpected sudden deterioration in the quality of bathing 
water in order to identify the cause and must take 
immediate and appropriate action to restore the quality of 
water 4. Competent authorities shall investigate any unexpected sudden 
deterioration in the quality of bathing water in order to identify the 
cause and must take immediate action to restore the quality of the 
water and shall inform the Commission of such action 
Article 7(1) (amendment 29 in part) 
Where pollution constitutes a threat to public health 
Member States shall prohibit bathing at individual 
bathing areas. Such a threat shall be deemed to exist in 
a case of significant deviation from tke__y.alMS 
specified in column 1 in Table 1 of Annex I. taking 
local conditions into account-Where pollution constitutes a threat to public health. Member 
States shall prohibit bathing at individual bathing zones and shall 
take measures to inform the public accordingly through the 
appropriate channels. Such a threat shall be deemed to exist 
when the values specified in column I of Table 1 of Annex J are 
Article 11 §1 (amendment 31) 
Every year, and for the first time by 31 December I996T 
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 
questionnaire or outline drafted by the Commission in 
accordance with the procedure laid down in Article 6 of 
Directive 91/692/EEC. Every year, and for the first time by 31 December 1998. 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 questionnaire or outline drafted by the Commission in 
accordance with the procedure laid down in Article 6 of Directive 
91/692/EEC. Member states shall he required to enclose the 
reference data a 
Article 12 §1 (amendment 33) 
Directive 76/160/EEC is hereby repealed with effect from 
31 December 1995. without prejudice to the obligation of 
the Member States as the deadlines for transposition into 
national law and for application as shown in Annex II. Directive 76/160/EEC is hereby repealed with effect from li 
December 1997. without prejudice to the obligation of the Member 
States as to deadlines for transposition into national law and for 
application as shown in Annex il. 
Article 13 (1) §1 (amendment 34) 
Member States shall bring into force the laws , 
regulations and administrative provisions necessary to 
comply with this Directive no later than 31 December 
1995. They shall forthwith inform the Commission 
thereof. Member States shall bring into force laws, regulations and 
administrative provisions necessary to comply with this Directive 
no later than 31 December 1997. They shall forthwith inform the 
Commission thereof. 
Annex I - Table 1 
Quality requirements for Bathing Water 
Parameter 
1. Escherichia 
Coli/100 ml 
2. Faecal 
Streptococci / 
100 ml 
3. 
Enteroviruses 
4. 
Bacteriophages 
5. pH 
6. Colour 
7. Mineral Oils 
8. Surface 
Active 
substances 
reacting with 
methylene blue 
mg/1 
9. Phenols 2 G-value 
in original 
proposal 
100 
100 
___ 
< 0.3 G-value in 
Ipldfilâiï:-':-
MI HI 
ï::faliel<i*s>: 
<âÊÈiÈÊÊ$$ I-value in 
original 
proposal 
2000 
400 
0 
6 to 9 
no 
abnormal 
change 
no film 
visible on 
the surface 
of the water 
and no 
odour 
no lasting 
foam 
no specific 
odour lÙlil:! 
smlnliëp! 
WÊ^WÊ'^ Sampling 
frequency 
fortnightly 
fortnightly 
monthly 
fortnightly 
fortnightly 
forthnightly 
fortnightly 
fortnightly Method of analysis or inspection 1 
Incubation at 44°C 
Fermentation in multiple tubes 
Subculturing of the positive tubes on a 
confirmation medium. Count according 
MPN (most probable number) or 
membrane filtration and culture on an 
appropriate medium such as Tergitol 
lactose agar, endo agar, 0,4% Teepol 
broth, subculturing and identification of 
the suspect colonies. 
Litsky method with incubation at 37°C 
Count according MPN (most probable 
number) or filtration on membrane. 
Culture on an appropriate medium. 
Concentrating by filtration, flocculation 
or centrifugation and confirmation. 
Electrometry with calibration at pH 7 
and 9 
Visual inspection or photometry wiht 
standards on the Pt.Co scale 
Visual and olfactory inspection 
Visual inspection for the I value. 
Absorption photometry with methylene 
blue for the G value. 
Olfactory inspection 
1 At proposal nf the committee referred to in Article 10. reference will be made in the future . wherever 
possible, to CENmethods. famendment 35) 
2 When bathing water undergoes natural enrichment of this substance, in its unchlorinated form, 
Member States can, without prejudice to public health protection, waive the related provision of the 
Directive. In such cases, it shall forthwith inform the Commission thereof. 
Parameter 
10. 
Transparency 
11. Dissolved 
oxygen % 
saturation O2 
12. Tarry 
residues and 
floating 
materials such 
as wood, 
plastic articles, 
bottles, 
containers of 
glass, plastic, 
rubber or any 
other 
substance. 
Waste or 
splinters G-value 
in original 
proposal 
2m G-value in 
amended 
proposal I-value in 
original 
proposal 
lm1 
80-120 
Absence of 
sewage solids I-value in 
amended 
proposal 
Absence 
(amendment 
37) 
• Sampling 
frequency 
fortnightly 
fortnightly 
fortnightly Secchi's disc 
Winkler's method or electrometric 
method (oxygen meter) 
visual inspection 
Original Proposal Amended Proposal 
Annex I, table I, footnotes 1 and 2 (amendment 40) 
1. In case of abnormal peak value, Member 
States can within two working days retest this 
parameter. If following retesting a normal 
value is recorded, the peak value can be 
disregarded. However, the Commission shall 
be informed of the number of peak values 
disregarded for each bathing zone. 
2. Tins parameter must be measured once in 
the fortnight before the start of the bathing 
season, If during the two preceding bathing 
seasons the bathing water complied with the 
G-value for Escherichia Coli and the I-value 
for faecal streptococci, on the basis of Table 3 
and 2 respectively, and the bathing water does 
not receive discharges of chemically treated 
sewage, then the parameter needs only to be 
measured once more. This measurement 
should be made in the middle of the bathing 
season, deleted 
1 Where this value cannot be respected for geographical reasons it may be replaced by 'No abnormal 
decrease'. 

ISSN 0254-1475 
COM(97) 585 final 
DOCUMENTS 
EN 14 05 15 
Catalogue number : CB-CO-97-600-EN-C 
ISBN 92-78-27396-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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