Common Position (EC) No 14/2005 of 20 December 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC
Date: 2004-12-20
Institutions: Council of the European Union
Subjects: bathing water, environmental monitoring, environmental protection, environmental standard, public health, quality of the environment, water analysis, water management

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 14/2005

adopted by the Council on 20 December 2004

with a view to adopting Directive 2003/…/EC of the European Parliament and of the Council of …
concerning the management of bathing water quality and repealing Directive 76/160/EEC

(2005/C 111 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

Building on the Commission's Communication on
sustainable development,
the European Council has
singled out objectives as general guidance for future
development in priority areas such as natural resources
and public health.

(2) Water is a scarce natural resource, the quality of which
should be protected, defended, managed and treated as
renewable
such. Surface waters
resources with a limited capacity to recover
from
adverse impacts from human activities.

in particular

are

(3)

Community policy on the environment should aim at a
high level of protection, and contribute to pursuing the

(1) OJ C 220, 16.9.2003, p. 39.
(2) OJ C 244, 10.10.2003, p. 31.
(3) Opinion of the European Parliament of 21 October 2003 (OJ C 82
E, 1.4.2004, p. 115). Council Common Position of 20 December
2004 and Position of
the European Parliament of … (not yet
published in the Official Journal).

(4)

(5)

(6)

objectives of preserving, protecting and improving the
quality of the environment and of protecting human
health.

In December 2000, the Commission adopted a Commu-
nication to the European Parliament and the Council on
the development of a new bathing water policy and
initiated a large-scale consultation of all interested and
involved parties. The main outcome of this consultation
was general support
for the development of a new
Directive based on the latest scientific evidence and
paying particular attention to wider public participation.

Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the
Sixth Community Environment Action Programme (4)
to ensuring a high level of
contains a commitment
protection of bathing water,
including by revising
Council Directive 76/160/EEC of 8 December 1975
concerning the quality of bathing water (5).

Pursuant to the Treaty, in preparing policy on the envir-
onment the Community is, inter alia, to take account of
available scientific and technical data. This Directive
should use scientific evidence in implementing the most
reliable indicator parameters for predicting microbiolo-
gical health risk and to achieve a high level of protec-
tion. Further epidemiological studies should be under-
taken urgently concerning the health risks associated
with bathing, particularly in fresh water.

(4) OJ L 242, 10.9.2002, p. 1.
(5) OJ L 31, 5.2.1976, p. 1. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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(7)

(8)

(9)

(10)

In order to increase efficiency and wise use of resources,
this Directive needs to be closely coordinated with other
Community legislation on water, such as Council Direc-
tives 91/271/EEC of 21 May 1991 concerning urban
waste-water treatment (1), 91/676/EEC of 12 December
1991 concerning the protection of waters against pollu-
tion caused by nitrates from agricultural sources (2) and
Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a frame-
work for Community action in the field of water
policy (3).

Appropriate information on planned measures and
progress on implementation should be disseminated to
stakeholders. The public should receive appropriate and
timely information on the results of the monitoring of
bathing water quality and risk management measures in
order to prevent health hazards, especially in the context
of predictable short-term pollution or abnormal situa-
tions. New technology that allows the public to be
informed in an efficient and comparable way on bathing
waters across the Community should be applied.

For the purpose of monitoring, harmonised methods
and practices of analysis need to be applied. Observation
and quality assessment over an extended period are
necessary in order to achieve a realistic bathing water
classification.

Compliance should be a matter of appropriate manage-
ment measures and quality assurance, not merely of
measuring and calculation. A system of bathing water
profiles is therefore appropriate to provide a better
understanding of
for management
risks as a basis
In parallel, particular attention should be
measures.
attached to adherence to quality standards and coherent
transition from Directive 76/160/EEC.

(11) On 25 June 1998 the Community signed the UN/ECE
Convention on Access to Information, Public Participa-
tion in Decision-Making and Access to Justice in Envir-
onmental Matters (the Århus Convention). Community
law should be properly aligned with that Convention
with a view to its ratification by the Community. It is
therefore appropriate for this Directive to include provi-
sions on public access to information and to provide for
public participation in its implementation.

(12)

Since the objectives of this Directive, namely the attain-
ment by the Member States, on the basis of common

(1) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation

(EC) No 1882/2003.

standards, of a good bathing water quality and a high
level of protection throughout the Community, cannot
be sufficiently achieved by the Member States and can
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty.
In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

(13)

(14)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (4).

from accidental

The continued importance of a Community bathing
water policy is evident each bathing season as it protects
the public
and chronic pollution
discharged in or near Community bathing areas. The
overall quality of bathing waters has improved consider-
ably since Directive 76/160/EEC came
into force.
However, that Directive reflects the state of knowledge
and experience of the early 1970s. Patterns of bathing
water use have since changed, as has the state of scien-
tific and technical knowledge. Therefore, that Directive
should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose and scope

1.

This Directive lays down provisions for:

(a) the monitoring and classification of bathing water quality;

(b) the management of bathing water quality; and

(c) the provision of information to the public on bathing water

quality.

2.
The purpose of this Directive is to preserve, protect and
improve the quality of the environment and to protect human
health by complementing Directive 2000/60/EC.

(3) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No

2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

(4) OJ L 184, 17.7.1999, p. 23.

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3.
This Directive shall apply to any element of surface water
where the competent authority expects a large number of
people to bathe and has not imposed a permanent prohibition
on, or issued permanent advice against, bathing (hereinafter
bathing water). It shall not apply to:

(a) swimming pools and spa pools;

(b) confined waters subject to treatment or used for therapeutic

purposes;

(c) artificially created confined waters separated from surface

water and groundwater.

Article 2

Definitions

For the purposes of this Directive, the following definitions
shall apply.

1. the terms ‘surface water’,

‘transitional waters’,
the same meaning as in Directive 2000/60/EC;

‘groundwater’,

‘inland water’,
‘coastal water’ and ‘river basin’ have

2.

3.

4.

5.

'competent authority' means the authority or authorities
that a Member State has designated to ensure compliance
with the requirements of
this Directive or any other
authority or body to which that role has been delegated;

‘permanent’ means,
advice against, bathing,
bathing season;

in relation to a prohibition on, or
least one whole

lasting for at

‘large number’ means, in relation to bathers, a number that
the competent authority considers to be large having
regard, in particular, to past trends or to any infrastructure
or facilities provided, or other measures taken, to promote
bathing;

‘pollution’ means the presence of microbiological contami-
nation or other organisms or waste affecting bathing water
quality and presenting a risk to bathers' health as referred
to in Articles 8 and 9 and Annex I, column A;

6.

‘bathing season’ means the period during which large
numbers of bathers can be expected;

7.

‘management measures’ means the following measures
undertaken with respect to bathing water:

(a) establishing and maintaining a bathing water profile;

(b) establishing a monitoring calendar;

(c) monitoring bathing water;

(d) assessing bathing water quality;

(e) classifying bathing water;

(f) identifying and assessing causes of pollution that might

affect bathing waters and impair bathers' health;

(g) giving information to the public;

(h) taking action to prevent bathers' exposure to pollution;

(i) taking action to reduce the risk of pollution;

8.

‘short-term pollution’ means microbiological contamina-
tion as referred to in Annex I, column A, that has clearly
identifiable causes,
is not normally expected to affect
bathing water quality for more than approximately 72
hours and for which the competent authority has estab-
lished procedures to predict and deal with as set out in
Annex II;

9.

‘abnormal situation’ means an event or combination of
events impacting on bathing water quality at the location
concerned and not expected to occur on average more
than once every four years;

10.

‘set of bathing water quality data’ means data obtained in
accordance with Article 3;

11.

‘bathing water quality assessment’ means the process of
evaluating bathing water quality, using the assessment
method defined in Annex II;

12.

‘cyanobacterial proliferation’ means an accumulation of
cyanobacteria in the form of a bloom, mat or scum;

13. the term ‘public concerned’ has the same meaning as in
Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment (1).

CHAPTER II

QUALITY AND MANAGEMENT OF BATHING WATER

Article 3

Monitoring

1. Member States shall annually identify all bathing waters
and define the length of the bathing season. They shall do so
for the first time before the start of the first bathing season
following the date referred to in Article 18(1).

2. Member States shall ensure that monitoring of the para-
meters set out in Annex I, column A, takes place in accordance
with Annex IV.

(1) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive
2003/35/EC of the European Parliament and of the Council (OJ L
156, 25.6.2003, p. 17).

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The monitoring point shall be the location within the

3.
bathing water where:

Article 4

(a) most bathers are expected; or

Bathing water quality assessment

(b) the greatest risk of pollution is expected, according to the

bathing water profile.

1. Member States shall ensure that sets of bathing water
quality data are compiled through the monitoring of the para-
meters set out in Annex I, column A.

A monitoring calendar for each bathing water shall be
4.
established before the start of each bathing season and for the
first time before the start of the third full bathing season after
the entry into force of this Directive. Monitoring shall take
place no later than four days after the date specified in the
monitoring calendar.

2.

Bathing water quality assessments shall be carried out:

(a) in relation to each bathing water;

(b) after the end of each bathing season;

5. Member States may introduce monitoring of the para-
meters set out in Annex I, column A, during the first full
bathing season following the entry into force of this Directive.
In that case, monitoring shall take place with the frequency
specified in Annex IV. The results of such monitoring may be
used to build up the sets of bathing water quality data referred
to in Article 4. As soon as Member States introduce monitoring
under this Directive, monitoring of the parameters set out in
the Annex to Directive 76/160/EEC may cease.

6.
Samples taken during short-term pollution may be disre-
garded. They shall be replaced by samples taken in accordance
with Annex IV.

During abnormal situations,

the monitoring calendar
7.
referred to in paragraph 4 may be suspended.
It shall be
resumed as soon as possible after the end of the abnormal
situation. New samples shall be taken as soon as possible after
the end of the abnormal situation to replace samples that are
missing due to the abnormal situation.

8. Member States shall report any suspension of the moni-
toring calendar to the Commission, giving the reasons for the
suspension. They shall provide such reports on the occasion of
the next annual report provided for in Article 13 at the latest.

9. Member States shall ensure that the analysis of bathing
water quality takes place in accordance with the reference
methods specified in Annex I and the rules set out in Annex V.
However, Member States may permit the use of other methods
or rules if they can demonstrate that the results obtained are
equivalent to those obtained using the methods specified in
Annex I and the rules set out in Annex V. Member States that
permit
the use of such equivalent methods or rules shall
provide the Commission with all relevant information about
the methods or rules used and their equivalence.

(c) on the basis of

the set of bathing water quality data
compiled in relation to that bathing season and the three
preceding bathing seasons; and

(d) in accordance with the procedure set out in Annex II.

However, a Member State may decide to carry out bathing
water quality assessments on the basis of the set of bathing
water quality data compiled in relation to the preceding three
bathing seasons only.
it shall notify the
Commission beforehand. It shall also notify the Commission if
it subsequently decides to revert to carrying out assessments on
the basis of four bathing seasons. Member States may not
change the applicable assessment period more than once every
five years.

it so decides,

If

3.
Sets of bathing water data used to carry out bathing
water quality assessments shall always comprise at least 16
samples or, in the special circumstances referred to in Annex IV,
paragraph 2, 12 samples.

4.

However, provided that either:

— the requirement of paragraph 3 is satisfied, or

— the set of bathing water data used to carry out the assess-
in the case of
ment comprises at
bathing waters with a bathing season not exceeding eight
weeks,

least eight samples,

a bathing water quality assessment may be carried out on the
basis of a set of bathing water quality data relating to fewer
than four bathing seasons if:

(a) the bathing water is newly identified;

(b) any changes have occurred that are likely to affect the clas-
sification of the bathing water in accordance with Article 5,
in which case the assessment shall be carried out on the
basis of a set of bathing water quality data consisting solely
of
the results for samples collected since the changes
occurred; or

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(c) the bathing water had already been assessed in accordance
with Directive 76/160/EEC, in which case equivalent data
gathered under that Directive shall be used and, for this
purpose, parameters 2 and 3 of the Annex to Directive
76/160/EEC shall be deemed to be equivalent
to para-
meters 2 and 1 of column A of Annex I to this Directive.

5. Member States may subdivide or group together existing
bathing waters in the light of bathing water quality assess-
ments. They may group existing bathing waters together only if
these waters:

(a) are contiguous;

(b) received similar assessments for the preceding four years in

accordance with paragraphs 2, 3 and 4(c); and

(c) have bathing water profiles all of which identify common

risk factors or the absence thereof.

(i) adequate management measures,

including a bathing
prohibition or advice against bathing, with a view to
preventing bathers' exposure to pollution; and

(ii) adequate management measures to prevent, reduce or

eliminate the causes of pollution.

(b) If a bathing water is classified as ‘poor’ for five consecutive
years, a permanent bathing prohibition or permanent
advice against bathing shall be introduced. However, a
Member State may introduce a permanent bathing prohibi-
tion or permanent advice against bathing before the end of
the five-year period if it considers that the achievement of
‘sufficient’ quality would be infeasible or disproportionately
expensive.

5. Whenever a permanent bathing prohibition or permanent
advice against bathing is
the public shall be
informed that the area concerned is no longer a bathing water,
with reasons being given for its declassification.

introduced,

Article 5

Classification and quality status of bathing waters

As a result of

1.
the bathing water quality assessment
carried out in accordance with Article 4, Member States shall,
in accordance with the criteria set out in Annex II, classify
bathing water as:

(a) ‘poor’;

(b) ‘sufficient’;

(c) ‘good’; or

(d) ‘excellent’.

Article 6

Bathing water profiles

1. Member States shall ensure that bathing water profiles are
established in accordance with Annex III. Each bathing water
profile may cover a single bathing water or more than one
contiguous bathing waters. Bathing water profiles shall be
established for the first time by … (*).

Bathing water profiles shall be reviewed and updated as

2.
provided for in Annex III.

The first classification according to the requirements of
2.
this Directive shall be completed by the end of the 2015
bathing season.

3. When establishing, reviewing and updating bathing water
profiles, adequate use shall be made of data obtained from
monitoring and assessments carried out pursuant to Directive
2000/60/EC that are relevant for this Directive.

3. Member States shall ensure that, by the end of the 2015
bathing season, all bathing waters are at least ‘sufficient’. They
shall take such realistic and proportionate measures as they
consider appropriate with a view to increasing the number of
bathing waters classified as ‘excellent’ or ‘good’.

4.
However, notwithstanding the general requirement of
paragraph 3, bathing waters may temporarily be classified as
‘poor’ and still remain in compliance with this Directive. The
reasons for the failure to achieve ‘sufficient’ quality status shall
have been identified. In such cases, Member States shall ensure
that the following conditions are satisfied:

(a) In respect of each bathing water classified as ‘poor’, the
following measures shall be taken with effect from the
bathing season that follows its classification:

Article 7

Management measures in exceptional circumstances

Member States shall ensure that timely and adequate manage-
ment measures are taken when they are aware of unexpected
situations that have, or could reasonably have, an adverse
impact on bathing water quality and on bathers' health. Such
measures shall include information to the public and, if neces-
sary, a temporary prohibition on bathing.

(*) Six years after the date of entry into force of this Directive.

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Article 8

Cyanobacterial risks

complaints. Competent authorities shall take due account of
any information obtained.

1. When the bathing water profile indicates a potential for
cyanobacterial proliferation, appropriate monitoring shall be
carried out to enable timely identification of health risks.

2. When cyanobacterial proliferation occurs and a health
risk has been identified or presumed, adequate management
measures shall be taken immediately to prevent exposure,
including information to the public.

Article 9

Other parameters

1. When the bathing water profile indicates a tendency for
proliferation of macro-algae and/or marine phytoplankton,
investigations shall be undertaken to determine their accept-
ability and health risks and adequate management measures
shall be taken, including information to the public.

Bathing waters shall be inspected visually for pollution
2.
such as tarry residues, glass, plastic, rubber or any other waste.
When such pollution is found, adequate management measures
shall be taken,
information to the
public.

if necessary,

including,

Article 10

Cooperation on transboundary waters

Wherever a river basin gives rise to transboundary impacts on
bathing water quality, the Member States involved shall coop-
erate as appropriate in implementing this Directive, including
through the appropriate exchange of information and joint
action to control those impacts.

CHAPTER III

Article 12

Information to the public

1. Member States shall ensure that the following information
is actively disseminated and promptly made available during
the bathing season in an easily accessible place in the near vici-
nity of each bathing water:

(a) the current bathing water classification;

(b) a general description of the bathing water, in non-technical
language, based on the bathing water profile established in
accordance with Annex III;

(c) in the case of bathing waters subject to short-term pollu-

tion:

— notification that the bathing water is subject to short-

term pollution,

— an indication of the number of days on which bathing
was prohibited or advised against during the preceding
bathing season because of such pollution, and

— a warning whenever such pollution is predicted or

present;

(d) information on the nature and expected duration of

abnormal situations during such events;

(e) whenever bathing is prohibited or advised against, a notice

advising the public and giving reasons; and

(f) an indication of sources of more complete information.

2. Member States shall use appropriate media and technolo-
gies, including the Internet, to actively and promptly dissemi-
nate the information concerning bathing waters referred to in
paragraph 1 and also the following information:

EXCHANGE OF INFORMATION

(a) a list of bathing waters;

Article 11

Public participation

(b) the classification of each bathing water over the last three
years and its bathing water profile, including the results of
monitoring carried out in accordance with this Directive
since the last classification;

Member States shall encourage public participation in the
implementation of this Directive by providing opportunities for
the public concerned to formulate suggestions, remarks or

(c) in the case of bathing waters classified as being ‘poor’,
information on the causes of pollution and measures taken
with a view to preventing bathers' exposure to pollution
and to tackle its causes as referred to in Article 5(4); and

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(d) in the case of bathing waters subject to short-term pollu-

tion, general information on:

Directive 76/160/EEC shall be assumed to be equivalent to
parameters 2 and 1 of column A of Annex I to this Directive.

— conditions likely to lead to short-term pollution,

— the likelihood of such pollution and its likely duration,

— the causes of the pollution and measures taken with a
view to preventing bathers' exposure to pollution and
to tackle its causes.

4.
The Commission shall publish an annual summary report
on bathing water quality in the Community, including bathing
water classifications, conformity with this Directive and signifi-
cant management measures undertaken. The Commission shall
publish this report by 30 April every year, including via the
Internet. When establishing the report the Commission shall,
wherever possible, make best use of data collection, assessment
and presentation systems under related Community legislation,
in particular Directive 2000/60/EC.

The list referred to in point (a) shall be available each year
before the start of the bathing season. The results of moni-
toring shall be made available within a week.

3.
The information referred to in paragraphs 1 and 2 shall
be disseminated as soon as it is available and with effect from
the start of the fifth bathing season following the date referred
to in Article 18(1).

4. Member States and the Commission shall, wherever
possible, provide information to the public using geo-refer-
enced technology and present
in a clear and coherent
manner, in particular through the use of signs and symbols.

it

Article 13

Reports

1. Member States shall provide the Commission with the
results of the monitoring and with the bathing water quality
assessment for each bathing water, as well as with a description
of significant management measures taken. Member States shall
provide this information annually by 31 December in relation
to the preceding bathing season. They shall begin providing it
once the first bathing water quality assessment has been carried
out in accordance with Article 4.

2. Member States shall notify the Commission annually
before the start of the bathing season of all waters identified as
bathing waters, including the reason for any change compared
to the preceding year. They shall do so for the first time before
the start of the first bathing season following the date referred
to in Article 18(1).

3. When monitoring of bathing water has started under this
Directive, annual reporting to the Commission in accordance
with paragraph 1 shall continue to take place pursuant to
Directive 76/160/EEC until a first assessment can be made
under this Directive. During that period, parameter 1 of the
Annex to Directive 76/160/EEC shall not be taken into account
in the annual report, and parameters 2 and 3 of the Annex to

CHAPTER IV

FINAL PROVISIONS

Article 14

Report and review

1.
The Commission shall, by 2018, submit a report to the
European Parliament and to the Council reviewing the imple-
mentation of this Directive.

2.

The report shall have particular regard to:

(a) the results of an appropriate European epidemiological
study conducted by the Commission in collaboration with
Member States;

(b) other scientific, analytical and epidemiological develop-
ments relevant to the parameters for bathing water quality;
and

(c) World Health Organisation recommendations.

In the light of that report, and of an extended impact
if appropriate, accompany

3.
assessment, the Commission may,
its report with proposals for amendment of this Directive.

Article 15

Technical adaptations and implementing measures

It may be decided in accordance with the procedure referred to
in Article 16(2):

(a) to specify the EN/ISO standard on the equivalence of
microbiological methods for the purposes of Article 3(9);

(b) to lay down detailed rules for the implementation of Arti-

cles 8(1) and 12(4);

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(c) to adapt the methods of analysis for the parameters set out
in Annex I in the light of scientific and technical progress;

(d) to adapt Annex V in the light of scientific and technical

progress;

(e) to lay down guidelines for a common method for the

assessment of single samples.

Article 16

Committee procedure

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 18

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (*). They shall forthwith inform the Commis-
sion thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
texts of the main provisions of national law that they adopt in
the field covered by this Directive.

Article 19

Entry into force

Article 17

Repeal

This Directive shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

Directive 76/160/EEC is hereby repealed with effect from
1.
31 December 2014. Subject to paragraph 2, this repeal shall be
without prejudice to Member States' obligations concerning the
time limits for transposition and application set out in the
repealed Directive.

2.
As soon as a Member State has taken all necessary legal,
administrative and practical measures to comply with this
Directive,
this Directive will be applicable, replacing Direc-
tive 76/160/EEC.

Article 20

Addressees

This Directive is addressed to Member States.

Done at Brussels,

References to the repealed Directive 76/160/EEC shall be

3.
construed as being made to this Directive.

For the European Parliament

The President

For the Council

The President

(*) Three years after the date of entry into force of this Directive.

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FOR INLAND WATERS

ANNEX I

A

B

C

D

E

Parameter

Excellent quality

Good quality

Sufficient

Intestinal enterococci (cfu/100 mL)

200 (*)

400 (*)

360 (**)

Escherichia coli (cfu/100 mL)

500 (*)

1000 (*)

900 (**)

1

2

Reference methods of
analysis

ISO 7899-1 or
ISO 7899-2

ISO 9308-3 or
ISO 9308-1

(*) Based upon a 95-percentile evaluation. See Annex II.
(**) Based upon a 90-percentile evaluation. See Annex II.

FOR COASTAL WATERS AND TRANSITIONAL WATERS

A

B

C

D

E

Parameter

Excellent quality

Good quality

Sufficient

Intestinal enterococci (cfu/100 mL)

100 (*)

200 (*)

200 (**)

Escherichia coli (cfu/100 mL)

250 (*)

500 (*)

500 (**)

1

2

Reference methods of
analysis

ISO 7899-1 or
ISO 7899-2

ISO 9308-3 or
ISO 9308-1

(*) Based upon a 95-percentile evaluation. See Annex II.
(**) Based upon a 90-percentile evaluation. See Annex II.

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ANNEX II

BATHING WATER ASSESSMENT AND CLASSIFICATION

1. POOR QUALITY

Bathing waters are to be classified as ‘poor’ if, in the set of bathing water quality data for the last assessment
period (1), the percentile values (2) for microbiological enumerations are worse (3) than the ‘sufficient’ values set out in
Annex I, column D.

2. SUFFICIENT QUALITY

Bathing waters are to be classified as ‘sufficient’:

1.

if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological
enumerations are equal to or better (4) than the ‘sufficient’ values set out in Annex I, column D; and

2.

if the bathing water is subject to short-term pollution, on condition that:

(i) adequate management measures are being taken, including surveillance, early warning systems and moni-
toring, with a view to preventing bathers' exposure by means of a warning or, where necessary, a bathing
prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and

(iii) the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during
the last assessment period represented no more than 15 % of the total number of samples provided for in the
monitoring calendars established for that period, or no more than one sample per bathing season, whichever
is the greater.

3. GOOD QUALITY

Bathing waters are to be classified as ‘good’:

1.

if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological
enumerations are equal to or better (4) than the ‘good quality’ values set out in Annex I, column C; and

2.

if the bathing water is subject to short-term pollution, on condition that:

(i) adequate management measures are being taken, including surveillance, early warning systems and moni-
toring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing
prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and

(iii) the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during
the last assessment period represented no more than 15 % of the total number of samples provided for in the
monitoring calendars established for that period, or no more than one sample per bathing season, whichever
is the greater.

4. EXCELLENT QUALITY

Bathing waters are to be classified as ‘excellent’:

1.

if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological
enumerations are equal to or better than the 'excellent quality' values set out in Annex I, column B; and

(1) ‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified in Article 4(2) or (4).
(2) Based upon percentile evaluation of the log10 normal probability density function of microbiological data acquired from the particular

bathing water, the percentile value is derived as follows:
(i) take the log10 value of all bacterial enumerations in the data sequence to be evaluated. (If a zero value is obtained, take the log10

value of the minimum detection limit of the analytical method used instead);

(ii) calculate the arithmetic mean of the log10 values (µ);
(iii) calculate the standard deviation of the log10 values (σ).
The upper 90-percentile point of the data probability density function is derived from the following equation: upper 90-percentile =
antilog (µ + 1,282 σ ).
The upper 95-percentile point of the data probability density function is derived from the following equation: upper 95-percentile =
antilog (µ + 1,65 σ ).

(3) ‘Worse’ means with higher concentration values expressed in cfu/100 ml.
(4) ‘Better’ means with lower concentration values expressed in cfu/100 ml.

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2.

if the bathing water is subject to short-term pollution, on condition that:

(i) adequate management measures are being taken, including surveillance, early warning systems and moni-
toring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing
prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and

(iii) the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during
the last assessment period represented no more than 15 % of the total number of samples provided for in
the monitoring calendars established for that period, or no more than one sample per bathing season, which-
ever is the greater.

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11.5.2005

ANNEX III

THE BATHING WATER PROFILE

1. The bathing water profile referred to in Article 6 is to consist of:

(a) a description of the physical, geographical and hydrological characteristics of the bathing water, and of other
surface waters in the catchment area of the bathing water concerned, that could be a source of pollution, which
are relevant to the purpose of this Directive and as provided for in Directive 2000/60/EC;

(b) an identification and assessment of causes of pollution that might affect bathing waters and impair bathers'

health;

(c) an assessment of the potential for proliferation of cyanobacteria;

(d) an assessment of the potential for proliferation of macro-algae and/or phytoplankton;

(e) if the assessment under point (b) shows that there is a risk of short-term pollution, the following information:

— the anticipated nature, frequency and duration of expected short-term pollution,

— details of any remaining causes of pollution, including management measures taken and the time schedule for

their elimination,

— management measures taken during short-term pollution and the identity and contact details of bodies

responsible for taking such action;

(f) the location of the monitoring point.

2. In the case of bathing waters classified as ‘good’, ‘sufficient’ or ‘poor’, the bathing water profile is to be reviewed regu-
larly to assess whether any of the aspects listed in paragraph 1 have changed. If necessary, it is to be updated. The
frequency and scope of reviews is to be determined on the basis of the nature and severity of the pollution. However,
they are to comply with at least the provisions and to take place with at least the frequency specified in the following
table.

Bathing water classification

‘Good’

‘Sufficient’

‘Poor’

Reviews are to take place at least every

Four years

Three years

Two years

Aspects to be reviewed
(points of paragraph 1)

(a) to (f)

(a) to (f)

(a) to (f)

In the case of bathing waters previously classified as ‘excellent’, the bathing water profiles need be reviewed and, if
necessary, updated only if the classification changes to ‘good’, ‘sufficient’ or ‘poor’. The review is to cover all aspects
mentioned in paragraph 1.

3. In the event of significant construction works or significant changes in the infrastructure in or in the vicinity of the

bathing water, the bathing water profile is to be updated before the start of the next bathing season.

4. When appropriate, the information referred to in paragraph 1(a) and (b) is to be provided on a detailed map.

5. Other relevant information may be attached or included if the competent authority considers it appropriate.

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ANNEX IV

BATHING WATER MONITORING

1. One sample is to be taken shortly before the start of each bathing season. Taking account of this extra sample and

subject to paragraph 2, no fewer than four samples are to be taken and analysed per bathing season.

2. However, only three samples need be taken and analysed per bathing season in the case of a bathing water that

either:

(a) has a bathing season not exceeding eight weeks; or

(b) is situated in a region subject to special geographical constraints.

3. Sampling dates are to be distributed throughout the bathing season, with the interval between sampling dates never

exceeding one month.

4. In the event of short-term pollution, one additional sample is to be taken to confirm that the incident has ended.

This sample is not to be part of the set of bathing water quality data.

If necessary to replace a disregarded sample, an additional sample is to be taken seven days after the end of the short-
term pollution.

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RULES ON THE HANDLING OF SAMPLES FOR MICROBIOLOGICAL ANALYSES

ANNEX V

1. SAMPLING POINT

Where possible, samples are to be taken 30 centimetres below the water's surface and in water that is at least one
metre deep.

2. STERILISATION OF SAMPLE BOTTLES

Sample bottles are:

— to undergo sterilisation in an autoclave for at least 15 minutes at 121 °C, or

— to undergo dry sterilisation at between 160 °C and 170 °C for at least one hour; or

— to be irradiated sample containers obtained directly from manufacturer.

3. SAMPLING

The volume of the sampling bottle/container is to depend on the quantity of water needed for each parameter to be
tested. The minimum content is generally 250 ml.

Sample containers are to be of transparent and non-coloured material (glass, polyethene or polypropylene).

In order to prevent accidental contamination of the sample, the sampler is to employ an aseptic technique to main-
tain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile surgical gloves
or tongs or sample pole) if this is done properly.

The sample is to be clearly identified in indelible ink on the sample and on the sampling form.

4. STORAGE AND TRANSPORT OF SAMPLES BEFORE ANALYSIS

Water samples are to be protected at all stages of transport from exposure to light, in particular direct sunlight.

The sample is to be conserved at a temperature of around 4 °C, in a cool box or refrigerator (depending on climate)
until arrival at the laboratory. If the transport to the laboratory is likely to take more than four hours, then transport
in a refrigerator is required.

The time between sampling and analysis is to be kept as short as possible. It is recommended that samples
be analysed on the same working day. If this is not possible for practical reasons, then the samples are to be
processed within no more than 24 hours. In the meantime, they are to be stored in the dark and at a temperature of
4 °C ± 3 °C.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal (1) for a new Directive on bathing water quality in October 2002
and its amended proposal in April 2004.

The European Parliament adopted its first-reading opinion in October 2003. (2)

The Economic and Social Committee adopted its opinion in June 2003. (3)

The Committee of the Regions adopted its opinion in April 2003. (4)

The Council adopted its common position on 20 December 2004.

II. OBJECTIVE

The new Directive would repeal and replace Directive 76/160/EEC. Its aim is to enhance public health
protection by strengthening the standards for bathing water quality and modernising the legal frame-
work for its management. It would in particular:

— complement Directive 2000/60/EC (the water framework Directive),

— reduce the parameters to be monitored for the purposes of bathing water quality classifications and

introduce a new classification methodology,

— take account of pro-active management measures, not just statistical results,

— enhance the information on bathing waters available to the public,

including through bathing

water profiles.

III. ANALYSIS OF THE COMMON POSITION

1. General

The common position incorporates the majority of the European Parliament's first-reading amend-
ments, either verbatim, in part or in spirit. However, it does not reflect a number of amendments
because:

— of inconsistency with the wording of Article 174 of the Treaty (amendment 1);

— in the view of the Council and the Commission, they would have unnecessarily duplicated
existing requirements of the water framework Directive (amendments 2 and 58, 4, 16 and 33);
or

— the Council considered them superfluous and potentially confusing (amendments 6, 8 and 12).

It also includes a number of other changes. The following sections describe the changes of
substance. In addition, there are drafting changes to clarify the text or to ensure the overall coher-
ence of the Directive.

2. Purpose, scope and definitions (Articles 1 and 2)

Article 1(1) is partly consistent with European Parliament amendment 65. However, the Council
cannot agree to extend the scope of the Directive beyond bathing to apply to other recreational
activities. Consequently, the common position includes no reference to such activities and does not
incorporate amendments 5, 7 or 22.

The definition of ‘bathing water’ now appears in Article 1(3), since this term determines the scope
of the Directive.

(1) OJ C 45 E, 25.2.2003, p. 127.
(2) OJ C 82 E, 1.4.2004, p. 115.
(3) OJ C 220, 16.9.2003, p. 39.
(4) OJ C 244, 10.10.2003, p. 31.

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Article 2 incorporates further definitions from the water framework Directive and is consistent
with European Parliament amendment 10. It also defines other key terms, namely ‘competent
authority’, ‘permanent’, ‘large number’, ‘pollution’, ‘short term pollution’, ‘cyanobacterial prolifera-
tion’ and ‘public concerned’.

3. Monitoring (Article 3 and Annexes IV and V)

Article 3 is broadly consistent with European Parliament amendments 11, 52 and 54, but provides
more flexibility regarding the location of the monitoring point. It also contains provisions on
short term pollution and provides for the use of equivalent methods and rules under certain condi-
tions, some of which may be clarified through comitology.

Annex IV provides for an increased minimum sampling requirement compared to the Commis-
sion's original proposal, to increase the reliability of the statistical methodology. However, it also
makes allowances for the particularly short bathing seasons prevailing in the north of the EU and
special geographical constraints (e.g., remote islands). There is no longer any direct link between
the sampling frequency and classification.

Annex V is consistent with European Parliament amendment 35 and, in part, with amendment
75.

4. Quality assessment (Article 4)

The common position adopts four bathing seasons as the normal assessment period, but provides
Member States with the option of choosing a period of three seasons under certain conditions.
It indicates the minimum number of samples required and the circumstances in which the subdivi-
sion or grouping together of bathing waters may take place.

5. Classification and quality status (Article 5 and Annexes I and II)

Article 5 incorporates several key innovations compared to the Commission's original proposal. In
particular it would:

— defer the mandatory application of the new classification scheme until 2015 (to be consistent

with the timetable of the Water Framework Directive);

— introduce a new classification (‘sufficient’) that would at least provide the same level of health
protection as the minimum requirements of the existing Directive and act as a stepping stone
to ‘good’ or ‘excellent’ quality; and

— clarify the circumstances in which bathing waters could temporarily be classified as being of
‘poor’ quality (including through wording consistent with the aim of European Parliament
amendment 17).

Annex I would provide for classifications to take place on the basis of two microbiological para-
meters. Requirements concerning other types of pollution would remain (Article 9), but would not
affect classification. Therefore the common position does not incorporate European Parliament
amendment 31.

Annex I provides for evaluations based on both a 95 and 90-percentile. The limit values for the
‘excellent’ and ‘good’ classifications would be based on a 95-percentile evaluation, while that for
‘sufficient’ would be based on a 90-percentile evaluation to reduce the risk of statistical anomalies
when using a small data set.

There are distinct limit values for inland and coastal waters. The scientific evidence currently avail-
able suggests that the presence of the same level of microbiological contamination represents a
higher health risk in salt water than in fresh water.

The heading of column E is consistent with European Parliament amendment 57.

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Annex II is consistent with the broad principle underlying European Parliament amendment 19, in
that it provides that short term pollution would not affect a bathing water's classification if the
competent authority takes appropriate measures to protect bathers' health.

6. Bathing water profile (Article 6 and Annex III)

The common position clarifies that there could be a single profile for contiguous bathing waters.
It extends the deadline for the establishment of the first profiles and the interval between reviews,
in recognition of the workload involved.

Annex III is consistent with European Parliament amendments 32 and 34.

7. Public participation (Article 11)

The common position is consistent with part of European Parliament amendment 20. The defini-
tion of the ‘public concerned’ in Article 2 clearly includes interested parties at the local level. The
remainder of the amendment is superfluous in view of Article 18 and Directive 2003/4/EC.

8. Information to the public (Article 12)

The common position groups all the general requirements to inform the public together in a
single Article. These requirements are consistent with the aims of European Parliament amend-
ments 15 and 18.

By encouraging the use of signs and signals and providing for the adoption of harmonized rules in
this area through comitology (Articles 12(4) and 15(1)(b)), the common position is partly consis-
tent with the objectives of amendments 21, 23 and 27 (and, reading these provisions together
with Article 7, amendment 24).

It is also consistent with amendment 26 and part of amendment 25 in that it requires information
to be available promptly on the internet.

9. Report and review (Article 14)

The Council agrees with the European Parliament that the Commission should review the imple-
mentation and operation of the Directive. The common position is therefore consistent with the
aim of amendment 28. However, it specifies some key issues that the Commission's report should
address, particularly:

— the results of the epidemiological study that the Commission is to undertake as a matter of
urgency to obtain greater scientific certainty regarding health risks associated with bathing,
particularly in fresh water;

— WHO recommendations, which would equate to the ‘good’ classification rather than to the

minimum requirements of the Directive.

10. Comitology (Articles 15 and 16)

The common position contains a single provision listing the technical decisions that could be
taken through comitology (Article 15).

However, the Council believes that these decisions should be optional, not mandatory. Moreover,
it cannot agree to the addition of new parameters on virus detection through comitology. Conse-
quently, the common position does not incorporate European Parliament amendments 29 and 30.

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11. Other

In addition the common position contains:

— simplified rules on response measures in exceptional circumstances, the scope of which is now

the same as the remainder of the Directive (Article 7); and

— a requirement for Member States to carry out appropriate monitoring and to take necessary

management measures to protect public health from cyanobacterial risks (Article 8).

IV. CONCLUSION

The Council believes that the common position represents a balanced package of measures that would
permit a much needed updating of Community rules on bathing water quality and enhance the level of
public health protection in a staged and reasonable manner without placing an undue burden on the
authorities concerned. It looks forward to constructive discussions with the European Parliament with
a view to the early adoption of the Directive.