2001/720/EC: Commission Decision of 8 October 2001 granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast (notified under document number C(2001) 2657)
Date: 2001-10-08
Institutions: European Commission
Subjects: Portugal, bathing water, derogation from EU law, urban area, wastewater, water treatment

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 8 October 2001

granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the
Estoril coast

(notified under document number C(2001) 2657)

(Only the Portuguese text is authentic)

(2001/720/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 91/271/EEC of 21 May
1991 concerning urban waste water treatment (1), as amended
by Commission Directive 98/15/EC (2), and in particular,
Article 8(5) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 8(5) of Directive 91/271/EEC provides a conces-
sion whereby, in exceptional circumstances, discharges
into less sensitive areas of waste water from agglomera-
tions exceeding 150 000 population equivalents may
nonetheless be subject to the less stringent requirements
set out in Article 6(2).

In such circumstances, Member States are required to
submit beforehand the relevant documentation to the
Commission, showing that the discharges receive at least
primary treatment and that they will not affect the envir-
onment.

Portugal has identified its coastal waters, except those of
the Algarve region, as a ‘less sensitive area’ under Article
6 of Directive 91/271/EEC.

On 16 June 1999 Portugal sent a request
to the
Commission under Article 8(5) of Directive 91/271/EEC,
concerning the discharge of waste waters into the
Atlantic Ocean near the Tagus estuary, from the agglom-
eration of the Estoril coast, which accounts for 720 000
population equivalents.

(5)

(6)

(7)

(8)

(9)

At the request of the Commission, Portugal sent the
Commission additional
information on the matter, by
letters dated 25 November 1999 and 15 February 2000.

The hydrodynamic conditions of the western coast of
Portugal, which result from the wind conditions, tides,
currents and dispersion, are some of the most favourable
of European coastal waters for the dilution and disper-
sion of waste water. Moreover, the point of discharge is
situated outside the outer limit of the Tagus estuary.
Consequently, the criteria for less sensitive areas are
applicable to the point of discharge.

The point of discharge is far away from the bathing
areas of the Estoril coast.

The documentation transmitted by Portugal demon-
strates that the discharge will not have any impact on
the dissolved oxygen rate, the trophic status, the trans-
parency and the benthic community of the receiving
waters.

the
The bathing waters along the agglomeration of
Estoril coast have not,
for years, complied with the
requirements of Council Directive 76/160/EEC of 8
December 1975 concerning the quality of bathing
water (3), as last amended by the Act of Accession of
Austria, Finland and Sweden,
inasmuch as the micro-
biological concentrations in those waters exceed the
standards specified in that Directive.

(10)

Since 1995, seven of the twelve bathing areas of the
agglomeration of the Estoril coast, namely the beaches
of Carcavelos, Parede, Rainha, Cresmina, S. Pedro de
Estoril, Tamariz and Torre, have not complied with the
mandatory bacteriological values of Directive 76/
160/EEC.

(1) OJ L 135, 30.5.1991, p. 40.
(2) OJ L 67, 7.3.1998, p. 29.

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

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(11)

The Commission considers that, even if the deficiencies
of collecting systems appear to be the major source of
this microbiological pollution, the waste water discharge
in question can reach bathing areas and therefore contri-
bute to the microbiological pollution of
those areas
unless waste waters are treated appropriately before
discharge.

(12) Microbiological removal treatment, prior to discharge
into the sea, is necessary to prevent the risk of pollution
of bathing waters.

(13)

In order to be efficient, microbiological removal treat-
ment needs low levels of suspended solids and reduced
concentration of organic matter in waste waters.

(14) After consultation of the Committee set up pursuant to
Article 18 of Directive 91/271/EEC and discussion with
the Commission, Portugal sent additional documentation
on 21 December 2000, proposing microbiological
removal treatment after advanced primary treatment and
before discharge into the sea during the bathing season.

(15)

(16)

The Commission considers that, on the basis of the
information and assurances provided by Portugal and
because of
the exceptional circumstances concerning
dilution and dispersion of the receiving waters, the treat-
ment proposed by Portugal will be able to protect the
adjacent bathing areas from microbiological contamina-
tion.

The Commission, having examined the documentation
submitted by Portugal in support of the request for a
derogation, concludes that the request corresponds to
the
the circumstances envisaged by Article 8(5) of
Directive:
the
that
the documentation demonstrates
discharge from the Estoril coast agglomeration would,
after the proposed treatment, not adversely affect the
environment, and that more advanced treatment would
not produce any environmental benefits.

(17)

The measures provided for in this Decision are in
accordance with the opinion of the Committee set up
under Article 18 of Directive 91/271/EEC,

HAS ADOPTED THIS DECISION:

Article 1

to be permitted to provide,

The request by Portugal of 16 June 1999 under Article 8(5) of
Directive 91/271/EEC,
for the
agglomeration of the Estoril coast, less stringent waste water
treatment than that prescribed in Article 4 of that Directive is
accepted under the conditions set out in Articles 2 to 6 of this
Decision.

of the Estoril coast shall, prior to discharge into the sea, be at
least subject to advanced primary treatment and to a disinfec-
tion system in accordance with the requirements set out in
heading 1 of the Annex of this Decision.

Article 3

Outside the bathing season, the urban waste water from the
agglomeration of the Estoril coast shall, prior to discharge, be
at least subject to primary treatments defined by Article 2(7) of
Directive 91/271/EEC.

Article 4

The competent Portuguese authority or appropriate body shall
monitor the discharge in accordance with the provisions set
out in heading 2 of the Annex to this Decision.

Article 5

Acting in accordance with Article 15(3) of Directive 91/
271/EEC, Portugal shall monitor and carry out other relevant
studies to verify that the discharge does not adversely affect the
environment.

In particular, at least twice a month during the bathing season,
samples shall be taken in at least two well-defined points of the
receiving waters, one point being located above the eastern
diffuser of the discharge and the other one at 200 metres to the
west of the western diffuser. At each of these two points, one
sample shall be taken at surface level and another at middle
depth: of these samples, 80 % shall contain not more than 100
analysis being
faecal
performed by a laboratory having a system of analytical quality
control as specified in heading 2 of the Annex to this Decision.

coliforms per 100 millilitres,

the

Article 6

shall provide

the Commission with a

By 30 April of each year, commencing on 30 April 2002,
report
Portugal
containing the results of the monitoring carried out during the
previous calendar year, according to the provisions of Articles
4 and 5, as well as the results of the monitoring for the same
year of the bathing waters situated in the area of the Estoril
coast agglomeration, according to the provisions of Directive
76/160/EEC.

The report shall also include explanations of any failure to
meet the requirements of this Decision or those of Directive
76/160/EEC.

Article 2

Article 7

During the bathing season, defined by Portugal
the
purposes of Directive 76/160/EEC as running from 1 June to
30 September, the urban waste water from the agglomeration

for

During the year 2006, the Commission shall re-evaluate the
situation and shall,
if necessary, submit a proposal to the
Committee set up under Article 18 of Directive 91/271/EEC,
no later than 31 December 2006.

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This Decision is addressed to the Portuguese Republic.

Article 8

Done at Brussels, 8 October 2001.

For the Commission

Margot WALLSTRÖM

Member of the Commission

ANNEX

1. Requirements for the discharge from the Estoril urban waste water treatment plant during the bathing season

(Article 2)

Parameter

Concentration

Minimum percentage
of reduction (1)

Reference method of measurement

Faecal coliforms/100 ml

2 000
(geometric mean)

Biochemical oxygen demand (BOD 5 at
20 °C) without nitrification (2)

Total suspended solids

40 mg/l

—

50

—

Reference method of Directive
76/160/EEC

Reference method of Directive
91/271/EEC

Reference method of Directive
91/271/EEC

(1) Reduction in relation to the load of the influent.
(2) The parameter can be replaced by another parameter: total organic carbon (TOC) or total oxygen demand (TOD) if a relationship can

be established between BOD 5 and the substitute parameter.

2. Reference methods for monitoring and evaluation of results (Articles 4 and 5)

— In order to monitor compliance with the requirements for biochemical oxygen demand, BOD 5, and total
suspended solids, flow-proportional or time-based, 24-hours samples shall be collected, at least weekly, at the same
well defined point in the outlet and in the inlet of the treatment plant.

— The results will be evaluated according to the provisions of Annex I.D.4 to Directive 91/271/EEC.

— In order to monitor compliance with the requirement for faecal coliforms, samples shall be collected at least
weekly during the bathing season, during daytime maximum flow, at the same defined point in the outlet of the
treatment plant.

— The treated waste water shall be assumed to conform to this parameter if the geometric mean of the parametric

values obtained during the bathing season does not exceed 2 000/100 ml.

— The analysis shall be carried out by laboratories which have a system of analytical quality control that is subject to
regular monitoring by a person who is not under the control of the laboratory and who is approved by the
competent authority for that purpose.