WRITTEN QUESTION E-1692/00

by Jonas Sjöstedt (GUE/NGL) to the Commission

(29 May 2000)

Subject: Sampling of bathing water in Swedish municipalities

Does the Commission plan to take any action against Swedish municipalities which do not comply with the requirement to report on bathing water samples within the deadline and do not take samples in the correct manner? Must Swedish municipalities report their bathing water samples in accordance with the directive, which is not considered to be geared to the Scandinavian climate?

Answer given by Mrs Wallström on behalf of the Commission

(9 October 2000)

The bathing water quality directive, Council Directive 76/160/EEC of 8 December 1975(1) obliges the Member States to sample and inspect the identified bathing water areas during the bathing season at minimum frequencies laid down in the Directive (in general every 14 days). The samples are then analysed in laboratories to determine the quantities of certain pollution indicators (parameters).

In calculating the quality level the Commission takes into account two microbiological parameters (total and faecal coliforms) and three physico-chemical parameters (mineral oils, surface active substances and phenol). These are parameters for which the Directive stipulates a minimum sampling frequency and mandatory values not to be exceeded.

The local authorities in Sweden have to report to the Swedish environment protection agency, which after verification reports the information to the Commission for the publication in the annual report. The Commission's annual report on bathing water quality is published pursuant to Article 13 of Directive 76/160/EEC modified by Article 3 of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment(2), which obliges Member States to inform the Commission of the laboratory results and the inspections.

The Member States have implemented Directive 91/692/EEC in national legislation. If the Directive is not complied with e.g. non-respect for the standards, or insufficient sampling or non-reporting of monitoring results the Commission will not hesitate to take proceedings under Article 226 (ex-Article 169) EC Treaty, should this prove necessary.

At the same time the Commission is aware of the fact that the bathing water directive of 1976 is outdated, both as regards the technical-scientific basis and the managerial approach. This is why the Commission already in 1994 submitted a proposal for a review. However, consecutive Council Presidencies did not discuss the proposal for several years, inter alia because one wanted to await the outcome of the political discussion on the water framework directive. Thus the 1994 proposal became itself outdated.

The Commission has started work leading to a new bathing water quality Directive. Following the final adoption of the water framework directive in September 2000, the Commission intends to develop the new bathing water quality directive, looking both at the latest technical and scientific facts and the managerial approach. Development of the Commission proposal should follow the same open process that proved so successful for the water framework directive, i.e. cooperation with all interested and involved parties (such as Member States, regional and local authorities, the scientific community, tourism, water users and, last but not least, consumer and environmental non-governmental organisations). The next step foreseen is a Commission communication on bathing water before the end of 2000, opening a broad consultation exercise. One of the key elements of this consultation will be a bathing water conference foreseen during the Swedish Presidency. Based on the findings of this consultation exercise, the Commission will come forward with a proposal to the Parliament and the Council for a new bathing water quality directive.

(1) OJ L 31, 5.2.1976.

(2) OJ L 377, 31.12.1991.