WRITTEN QUESTION E-1792/99

by Winfried Menrad (PPE-DE) to the Commission

(11 October 1999)

Subject: Surveillance of bathing water pursuant to Directive 76/160/EEC

Various local authorities in my region have drawn my attention to problems with the surveillance of bathing water in accordance with Directive 76/160/EEC(1).

The criticisms centre on the current assessment system, based solely on samples, about twenty of which may have to be taken.

Can the Commission answer the following:

1. Can we expect any EU legislation to replace the current assessment system by a procedure for determining a quality profile to reflect the quality of bathing water over long periods?

2. When can we expect amendment of Directive 76/160/EEC, and what form will it take?

(1) OJ L 31, 5.2.1976, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(17 November 1999)

The annual reporting obligations under Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water imply that a quality assessment of Member States' bathing waters is made per bathing season.

This quality assessment follows from a control of water samples against the parametric values set out in the annex of the Directive and according to a statistical calculation set out in Article 5. 95 % of the samples should comply for a bathing area to comply with the Directive. Therefore only when 20 samples are taken during a bathing season, may one sample fail without causing the bathing area to fail.

However, in practice, on average about 10 water samples are taken per bathing area. All water samples should therefore comply for a bathing area to be in compliance. One accidental failing sample, for example due to heavy rainfall without a long-lasting risk for public health, could cause a bathing area to be failing. This would not really reflect the real overall water quality, in particular if all other samples taken that bathing season respect the parametric values and good water quality has been observed during previous bathing seasons.

It seems therefore more appropriate to look at a longer time period for example three or five years than just one bathing season, to give a more accurate quality assessment based on a trend calculation. Such a trend assessment allows a better appreciation of improving, or decreasing water quality and to advise Member States on a way forward. A suggestion in that sense has been made for the revision of the current Directive.

Following Council discussions (summer 1999) on the Commission's initial proposal of 16 February 1994(1) (amended proposal adopted by the Commission on 17 December 1997(2)) the latter has started a further revision process of Directive 76/160/EEC. This process involves consecutive consultations Member States, non governmental organisations, consumers, tourism sector and close involvement of the Parliament. The Commission intends to put forward a new proposal in the second half of 2000. However, if the consultations indicate that more time is needed to draft a proposal for a workable and effective directive, then the Commission will adapt its calendar without hesitation.

(1) OJ C 112, 22.4.1994.

(2) OJ C 6, 10.1.1998.