Directive 2006/7/EC of the European Parliament and of the Council of  15 February 2006  concerning the management of bathing water quality and repealing Directive 76/160/EEC
Date: 2006-02-15
Institutions: Council of the European Union, European Parliament
Subjects: bathing water, environmental monitoring, environmental protection, exchange of information, public health, quality of the environment, water management

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DIRECTIVE 2006/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 February 2006

concerning the management of bathing water quality and repealing Directive 76/160/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

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

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),
in the light of the joint text
approved by the Conciliation Committee on 8 December
2005,

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
such. Surface waters in particular are renewable resources
with a limited capacity to recover from adverse impacts
from human activities.

(3) Community policy on the environment should aim at a
high level of protection, and contribute to pursuing the
objectives of preserving, protecting and improving the
quality of the environment and of protecting human
health.

In December 2000, the Commission adopted a Com-
munication 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.

(5) 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 (5) con-
to ensuring a high level of
tains a commitment
protection of bathing water,
including by revising
Council Directive 76/160/EEC of 8 December 1975
concerning the quality of bathing water (6).

(6)

(7)

to the Treaty,

Pursuant
in preparing policy on the
environment 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 protection.
Further epidemiological studies should be undertaken
urgently concerning the health risks associated with
bathing, particularly in fresh water.

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
Directives 91/271/EEC of 21 May 1991 concerning
of
urban waste-water
12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural
sources (8) and Directive 2000/60/EC of the European
Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the
field of water policy (9).

treatment (7),

91/676/EEC

(1) OJ C 45 E, 25.2.2003, p. 127.
(2) OJ C 220, 16.9.2003, p. 39.
(3) OJ C 244, 10.10.2003, p. 31.
(4) 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 (OJ C 111 E, 11.5.2005, p. 1) and Position
of the European Parliament of 10 May 2005 (not yet published
in the Official
Journal). European Parliament Legislative
Resolution of 18 January 2006 (not yet published in the
Official Journal) and Council Decision of 20 December 2005.

(5) OJ L 242, 10.9.2002, p. 1.
(6) 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).

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

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

(EC) No 1882/2003.

(9) 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).

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(8) 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
situations. New technology that allows the public to be
informed in an efficient and comparable way on bathing
waters across the Community should be applied.

(9)

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.

(10) 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
risks as a basis for management
measures.
In parallel, particular attention should be
attached to adherence to quality standards and coherent
transition from Directive 76/160/EEC.

(11) On 17 February 2005 the Community ratified the
UNECE Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in
Environmental Matters (the Århus Convention).
is
therefore appropriate for
this Directive to include
provisions on public access to information and to
provide for public participation in its implementation
to supplement Directive 2003/4/EC of the European
Parliament and of the Council of 28 January 2003 on
information (1) and
public access
Directive 2003/35/EC of the European Parliament and
of the Council of 26 May 2003 providing for public
participation in respect of the drawing up of certain
plans and programmes relating to the environment (2).

to environmental

It

(12) Since the objectives of

this Directive, namely the
attainment by the Member States, on the basis of
common 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 proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve those
objectives.

(13) 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 (3).

(14) The continued importance of a Community bathing
water policy is evident each bathing season as it protects
the public from accidental 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 1970. Patterns of bathing
water use have since changed, as has the state of scientific
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. 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 bathing
prohibition, or
issued permanent advice against bathing
(hereinafter bathing water). It shall not apply to:

(a)

swimming pools and spa pools;

(b)

confined waters
therapeutic purposes;

subject

to treatment or used for

(1) OJ L 41, 14.2.2003, p. 26.
(2) OJ L 156, 25.6.2003, p. 17.

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

1.

2.

3.

4.

5.

6.

7.

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(c)

artificially created confined waters separated from surface
water and groundwater.

(h)

taking action to prevent bathers' exposure to
pollution;

Article 2

Definitions

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

the terms ‘surface water’,
‘inland water’,
‘transitional waters’, ‘coastal water’ and ‘river basin’ have
the same meaning as in Directive 2000/60/EC;

‘groundwater’,

‘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, in relation to a bathing prohibition
or advice against bathing, lasting for at least one whole
bathing season;

‘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 infra-
structure or facilities provided, or other measures taken,
to promote bathing;

(i)

taking action to reduce the risk of pollution;

8.

9.

‘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 after the bathing water quality is first affected and
for which the competent authority has established
procedures to predict and deal with as set out
in
Annex II;

‘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;

‘pollution’ means the presence of microbiological con-
tamination 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;

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).

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

CHAPTER II

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

QUALITY AND MANAGEMENT OF BATHING WATER

(a)

establishing and maintaining a bathing water
profile;

Article 3

Monitoring

(b)

establishing a monitoring calendar;

(c) monitoring bathing water;

(d)

assessing bathing water quality;

(e)

classifying bathing water;

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
after 24 March 2008.

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

(f)

identifying and assessing causes of pollution that
might affect bathing waters and impair bathers'
health;

(g)

giving information to the public;

(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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3. The monitoring point shall be the location within the
bathing water where:

2. Bathing water quality assessments shall be carried out:

(a) most bathers are expected; or

(b)

the greatest risk of pollution is expected, according to the
bathing water profile.

4. A monitoring calendar for each bathing water shall be
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.

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
introduce
to in Article 4. As
monitoring under this Directive, monitoring of the parameters
set out in the Annex to Directive 76/160/EEC may cease.

soon as Member States

(a)

in relation to each bathing water;

(b)

after the end of each bathing season;

(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

Samples

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

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.

the monitoring calendar
7. During abnormal situations,
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.

shall

report any suspension of

8. Member States
the
monitoring 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.

Article 4

Bathing water quality assessment

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

4. However, provided that either:

— the requirement of paragraph 3 is satisfied, or

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

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)

(c)

any changes have occurred that are likely to affect the
classification 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

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 parameters 2 and 1 of column A of Annex I
to this Directive.

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5. Member States may subdivide or group together existing
bathing waters
light of bathing water quality
assessments. They may group existing bathing waters together
only if these waters:

in the

(a)

are contiguous;

(iii) adequate measures to prevent, reduce or eliminate

the causes of pollution; and

(iv)

in accordance with Article 12, alerting the public by
a clear and simple warning sign and informing
them of the causes of the pollution and measures
taken, on the basis of the bathing water profile.

(b)

received similar assessments for the preceding four years
in accordance with paragraphs 2, 3 and 4(c); and

(b)

(c)

have bathing water profiles all of which identify common
risk factors or the absence thereof.

Article 5

‘poor’

for

is classified as

five
If a bathing water
consecutive years, a permanent bathing prohibition or
permanent advice against bathing shall be introduced.
However, a Member State may introduce a permanent
bathing prohibition 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.

Classification and quality status of bathing waters

Article 6

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

set out

(a)

‘poor’;

(b)

‘sufficient’;

(c)

‘good’; or

(d)

‘excellent’.

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 24 March 2011.

2. Bathing water profiles shall be reviewed and updated as
provided for in Annex III.

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 Direc-
tive 2000/60/EC that are relevant for this Directive.

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

Article 7

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. 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:

(i)

adequate management measures, including a bath-
ing prohibition or advice against bathing, with a
view to preventing bathers' exposure to pollution;

(ii)

identification of the causes and reasons for the
failure to achieve ‘sufficient’ quality status;

Management measures in exceptional circumstances

shall ensure that

Member States
timely and adequate
management measures are taken when they are aware of
unexpected situations that have, or could reasonably be
expected to have, an adverse impact on bathing water quality
and on bathers' health. Such measures shall include informa-
tion to the public and,
if necessary, a temporary bathing
prohibition.

Article 8

Cyanobacterial risks

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.

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Article 9

Article 12

Other parameters

Information to the public

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.

2. Bathing waters shall be inspected visually for pollution
such as tarry residues, glass, plastic, rubber or any other waste.
When such pollution is
found, adequate management
measures shall be taken, including, if necessary, 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
vicinity of each bathing water:

(a)

(b)

the current bathing water classification and any bathing
prohibition or advice against bathing referred to in this
Article by means of a clear and simple sign or symbol;

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

the bathing water,

Article 10

(c)

in the case of bathing waters subject
pollution:

to short-term

Cooperation on transboundary waters

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

— 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

CHAPTER III

— a warning whenever such pollution is predicted or

present,

EXCHANGE OF INFORMATION

Article 11

Public participation

Member States shall encourage public participation in the
this Directive and shall ensure the
implementation of
provision of opportunities for the public concerned:

(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;

(f) whenever a permanent bathing prohibition or perma-
nent advice against bathing is introduced, the fact that
the area concerned is no longer a bathing water and the
reasons for its declassification; and

— to find out how to participate, and

(g)

an indication of sources of more complete information
in accordance with paragraph 2.

— to formulate suggestions, remarks or complaints.

This shall relate, in particular, to the establishment, review and
updating of
lists of bathing waters in accordance with
Article 3(1). Competent authorities shall take due account of
any information obtained.

including the Internet,

2. Member States shall use appropriate media and technol-
to disseminate actively and
ogies,
promptly the information concerning bathing waters referred
to in paragraph 1 and also the following information in
several languages, when appropriate:

(a)

a list of bathing waters;

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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;

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 after 24 March 2008.

(b)

(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

(d)

in the case of bathing waters subject
pollution, general information on:

to short-term

— 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.

The list referred to in point (a) shall be available each year
before the start of the bathing season. The results of the
monitoring referred to in point (b) shall be made available on
the Internet upon completion of the analysis.

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 after 24 March 2008.

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

Article 13

Reports

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

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
significant management measures undertaken. The Commis-
sion 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 Commu-
nity legislation, in particular Directive 2000/60/EC.

CHAPTER IV

FINAL PROVISIONS

Article 14

Report and review

1. The Commission shall, by 2008, submit a report to the
European Parliament and to the Council. 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-
to the parameters for bathing water

ments relevant
quality, including in relation to viruses; and

1. Member States shall provide the Commission with the
results of the monitoring and with the bathing water quality
for each bathing water, as well as with a
assessment
description of
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.

significant management measures

(c) World Health Organisation recommendations.

2. Member States shall, by the end of 2014, submit written
observations to the Commission on that report including on
the need for any further research or assessments which may be
this
required to assist
Directive under paragraph 3.

the Commission in its review of

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In the light of the report, the Member States' written
3.
observations and an extended impact assessment and bearing
in mind experience gained from implementing this Directive,
the Commission shall, no later
than 2020, review this
Directive with particular regard to the parameters for bathing
water quality, including whether it would be appropriate to
phase out
classification or modify the
applicable standards, and shall present if necessary appropriate
legislative proposals in accordance with Article 251 of the
Treaty.

‘sufficient’

the

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 15

Technical adaptations and implementing measures

Article 17

Repeal

It shall be decided in accordance with the procedure

1.
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);

1. Directive 76/160/EEC is hereby repealed with effect from
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.

(b)

to lay down detailed rules for the implementation of
Articles 8(1), 12(1)(a) and 12(4);

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.

(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.

2. The Commission shall present a draft of the measures to
be taken in accordance with paragraph 1(b) with respect to
Article 12(1)(a) by 24 March 2010. Before doing so, it shall
consult representatives of Member States, regional and local
authorities, relevant tourist and consumer organisations and
other interested parties. After the adoption of relevant rules, it
shall publicise them via the Internet.

Article 16

Committee procedure

1. The Commission shall be assisted by a committee.

3. References to the repealed Directive 76/160/EEC shall be
construed as being made to this Directive.

Article 18

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 24 March 2008. They shall forthwith inform the
Commission 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. 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.

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.

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Article 19

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 20

Addressees

This Directive is addressed to Member States.

Done at Strasbourg, 15 February 2006.

For the European Parliament

For the Council

The President

The President

J. BORRELL FONTELLES

H. WINKLER

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ANNEX I

For inland waters

A

B

C

D

E

Parameter

Excellent
quality

Good quality

Sufficient

Intestinal enterococci (cfu/100 ml)

200 (*)

400 (*)

330 (**)

Escherichia coli (cfu/100 ml)

500 (*)

1 000 (*)

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 (*)

185 (**)

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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L 64/47

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 (a), the percentile values (b) for microbiological enumerations are worse (c) 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 (d) 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
monitoring, 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 (d) 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
monitoring, 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.

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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

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
monitoring, 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.

NOTES

(a)

(b)

(c)
(d)

‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified in Article
4(2) or (4).
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.)
Calculate the arithmetic mean of the log10 values (μ).

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

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L 64/49

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
regularly 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 para-
graph 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.

The information referred to in paragraph 1(a) and (b) is to be provided on a detailed map whenever practicable.

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.

2.

3.

4.

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.

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.

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

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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ANNEX V

Rules on the handling of samples for microbiological analyses

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 oC, or

— to undergo dry sterilisation at between 160 oC and 170 oC 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
maintain 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 oC, 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 shall be
processed within no more than 24 hours. In the meantime, they shall be stored in the dark and at a temperature
of 4 oC ± 3 oC.