Amended proposal for a Council Directive on the quality of bathing water
Date: 1997-11-17
Institutions: European Commission
Subjects: bathing water, health policy, quality of life, quality of the environment, water pollution

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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 
those  parameters  which  are 
verification  of  only 
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 
large  number  of  bathers  can  be  expected,  in  the  light  of 
local  custom,  and  any  local  rules  which  may  exist 
concerning bathing and weather conditions 

(c)  "bathing  season"  means  the  period  during  which  p_gfipjfi 
normally  bathe,  in  the  light  of  the  geographical  situation,  local 
custom, 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 
requirements  of  this  Directive .if  fer  each  parameter 

1.  Bathfog water shall be deemed to comply with the requirements 

of this Directive when the number of samples  fai 

the  relevant  value  does  not  exceed  the  number 
specified  in Table 2 of Annex I. 

exceed the mimber specified in Jjble 2 of AITOBLL 

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 the values in columns G and I in 
3. 
In assessing compliance with ihe values in columns G 
Table  î  of  Annex  I,  temporary  deviations  which  are  the  results  of 
arid  1 in Table  1 of  Annex  I, temporary  deviations which 
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.  ï hs 
Commission  shall  be  informed  of  those  cases.in  which 
^«"pmviriwihMbeanised. 

disregarded.  I M J ^ f f i f f i i s ^ . ^ ^^ 
S^hi^MS-Fi^^ 
P M l ^ ^ l L f e ^ M ^ ^ M l f e^ 

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; 

a  statement  of  whether  the  bathing  water  complied 
with the requirements of the Directive in the previous 
season; 
bathing 

information  on  general  safety  aspects  and  on  where 
needed: 
assistance  may 

obtained 

b^ 

if 

most  recent  information  enabling  the public 
to  assess  bathing  water  quality  during  the 
current bathing season; and 

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  of  planned. 

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 
of  Annex  L 
is 

in  Table 

specified 

1 

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 
sources. 
such 

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) 

The  competent  authority  shall 

4. 
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. 

li 
Directive  76/160/EEC  is  hereby  repealed  with  effect  from 
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 

G-value 
in original 
proposal 

G-value in 

Ipldfilâiï:-':-

I-value in 
original 
proposal 

Sampling 
frequency 

Method of analysis or  inspection  1 

1.  Escherichia 
Coli/100 ml 

100 

2000 

fortnightly 

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. 

2. 
Streptococci 
100 ml 

Faecal 
/ 

100 

400 

MI  HI 
ï::faliel<i*s>: 
<âÊÈiÈÊÊ$$ 

lÙlil:! 

fortnightly 

Litsky method with incubation at 37°C 

smlnliëp! 

Count  according  MPN  (most  probable 
number)  or  filtration  on  membrane. 
Culture on an appropriate medium. 

3. 
Enteroviruses 

___ 

0 

monthly 

Concentrating  by  filtration,  flocculation 
or centrifugation  and  confirmation. 

4. 
Bacteriophages 

5. pH 

6.  Colour 

7.  Mineral Oils 

<  0.3 

Surface 

8. 
Active 
substances 
reacting  with 
methylene  blue 
mg/1 

9.  Phenols  2 

6 to 9 

fortnightly 

Electrometry  with  calibration  at  pH  7 
and 9 

no 
abnormal 
change 

film 
no 
visible 
on 
the  surface 
of the water 
and 
no 
odour 

lasting 

no 
foam 

no  specific 
odour 

fortnightly 

Visual  inspection  or  photometry  wiht 
standards on the Pt.Co scale 

forthnightly 

Visual and olfactory  inspection 

fortnightly 

Visual inspection for the I value. 

WÊ^WÊ'^ 

Absorption  photometry  with  methylene 
blue for the G value. 

fortnightly 

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 

G-value 
in original 
proposal 

G-value 
amended 
proposal 

in 

in 

I-value 
original 
proposal 

in 

I-value 
amended 
proposal 

Sampling 
frequency 

10. 
Transparency 

2m 

11.  Dissolved 
oxygen 
% 
saturation O2 

l m1 

80-120 

fortnightly 

Secchi's disc 

fortnightly 

Winkler's  method  or  electrometric 
method (oxygen meter) 

Absence  of 
sewage solids 

Absence 
(amendment 
37) 

fortnightly 

visual  inspection 

Tarry 
and 

12. 
residues 
floating 
materials  such 
as 
wood, 
plastic  articles, 
bottles, 
of 
containers 
glass, 
plastic, 
rubber  or  any 
other 
substance. 
Waste 
splinters 

or 

• 

Original Proposal 

Amended  Proposal 

Annex I, table I, footnotes  1 and 2 (amendment 40) 

deleted 

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, 

1  Where this value cannot be respected  for geographical  reasons it may be replaced by 'No abnormal 

decrease'. 

ISSN 0254-1475 

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