CELEX: 51997PC0585
Language: en
Date: 1997-11-17
Title: Amended proposal for a Council Directive on the quality of bathing water

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                            COMMISSION OF THE EUROPEAN COMMUNITIES
                 a -it
                                                           Brussels, 17.11.1997
                                                           COM(97) 585 final
                                                           94/0006 (SYN)
                                      Amended Proposal for a
                                      COUNCIL DIRECTIVE
                                  on the quality of bathing water
                       (presented by the Commission pursuant to Article 189 a (2)
                                           of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                    EXPLANATORY MF.MOR ANDTTM
The Commission submits this amended Proposal for a Council Directive on the quality of
bathing water, pursuant to Article 189 (a) paragraph 2 of the EC Treaty. The amended
proposal takes account of a number of amendments adopted by the European Parliament at
its December 1996 Plenary Session.
In general the Commission cannot accept the amendments which are, in its opinion,
unworkable, or which will make implementation unduly onerous. On the other hand the
Commission can accept amendments. which improve the clarity of the text and which
remove any possible areas of ambiguity or doubt. The Commission can also accept those
amendments which improve still further thé transparency of the proposed Directive.
The Commission's position on the amendments adopted by Parliament is as follows:
Amendments 4, 9, 10, 11, 12, 14, 18, 21, 23, 24, 26, 28, 31, 33, 34, 35, 36, 37 and 40 are
accepted either completely or in principle. These all improve the text, either by including
sensible and logical additional requirements, or by removing possible areas of
misinterpretation, or by improving transparency and the level of protection provided.
Amendments 6,17,22(first part), 27,29 are accepted in part: the Commission proposes
either some modification in the wording or a deletion of part of the text.
On the other hand, amendments 1, 2, 3, 5, 6(partly), 7, 8, 13, 15, 16, 19, 20,
22(second part), 25, 30,32, 38 and 39 are not accepted.
Amendments 2, 3, 6(partly), 8 and 22d - requesting an orientation towards tourism and/or
Tourism programmes - and amendments 1, 5 and 15 - requesting an extension from
bathing water to recreational water - do not fall within the scope of the Proposal.
Amendments 38 and 39 - inserting a pesticide and nitrates parameter (respectively) in
Annex I, Table I - are dealt with by Directives 76/646/EEC, 91/414/EEC, 91/676/EEC
and91/271/EEC.
Amendments 13 and 30 - introducing a type I advisory committee- cannot be accepted
because the Commission does not accept the need for altering the type of committee
provided for in its proposal.
Amendments 16 - excessively stringent definition of bathing zone -, 19 and 20 - deleting
a transition period for new bathing zones - would endanger the implementation of the
proposed Directive.
Amendments 25 - requesting the establishment by each Member State of public
information data base - and 32 - requesting a yearly financial report of the actions
undertaken by Member States regarding the implementation of the Directive - are not
consistent with the principle of Subsidiarity.
 Amendment 7 does not add anything to the Proposal.
 ---pagebreak---    Amended Proposal for a
   COUNCIL DIRECTIVE
on the quality of bathing water
              W
 ---pagebreak---                        Original Proposal                                                   Amended Proposal
                                                    Recital 6 (amendment 4)
  Whereas the list of parameters to be measured should             Whereas the parameters to be measured should indicate in the most
  indicate in the most appropriate way the quality of bathing      appropriate way the quality of bathing water and take account of
  water and take account of advances in science and                advances in science and technology; whereas there is a need to
  technology, whereas there is a need to require the               require the verification of only those parameters which are
  verification of only those parameters which are                  indispensable for ensuring an adequate protection of human health;
  indispensable for ensuring an adequate protection of
  human health;
                                                   Recital 10 (amendment 6 in part)
  Whereas to highlight situations where outstanding results        Whereas to highlight situations where outstanding results are
  are achieved it desirable to introduce a standard of            achieved it desirable to introduce a standard of "good quality" for
  "excellent quality" for bathing water;                          bathing water;
                                                      Recital 11 (amendment 9)
 Whereas, in the case of bathing waters first falling within      Whereas in the case of bathing waters first falling within the scope of
 the scope of this Directive after 31 December 1995 as a          this Directive after 31 December 1997. as a result of an increased use
 result of an increased use by bathers, it is appropriate to      by bathers, it is appropriate to allow a period of time for Member
 allow a period of time for Member States to bring them up        States to bring them up to therequisitequality;
 to the requisite quality;
                                                     Recital 12 (amendment 10)
 Whereas the public should be adequately informed about          Whereas the public should be informed in a comprehensible and
the quality of bathing waters and about any remedial             uniform way about the quality of bathing waters and about any
action taken by the competent authorities;                       remedial action taken by the competent authorities;
                                                     Recital 13 (amendment 11)
Whereas Member States should monitor the quality of              Whereas Member States should monitor the quality of bathing
bathing water with adequate frequency and analyse them           water with adequate frequency and analyse them by comparable
by comparable methods; whereas this frequency can be             methods; whereas this frequency can be reduced, under certain
reduced, under certain conditions, for bathing waters            conditions, for bathing waters which have previously proved to be
which have previously proved to be of excellent quality;         of good quality;
                                                Recital 13 a (new) (amendment 12)
                                                                 Whereas if in the fttfure inspection forms part of the remit of the
                                                                 European Environment Agency, duties will he conferred on the
                                                                 Agency under this Directive:
                                          Recital 16 a (new) (amendment 14 - principle)
                                                                 Whereas this Directive will be closely coordinated with              ihe.
                                                                 'Directive establishing a Framework for European Community Water
                                                                 Policy', as soon as this Framework Directive is adopted; whereas this
                                                                 coordination is needed because bathing waters and their associated
                                                                 Management Plans' required by this Framework. Directive;
 ---pagebreak---                                               Article l(2Xc) (amendment î 7 in part)
(c) "bathing season" means the period during which a            (c) "bathing season" means the period during which p_gfipjfi
large number of bathers can be expected, in the light of        normally bathe, in the light of the geographical situation, local
local custom, and any local rules which may exist               custom, and weather conditions,
concerning bathing and weather conditions
                                              Article l(2)(d) (aew) (amendment 18)
                                                                                t authority' means the authority, indicated by the
                                                                           State, emimwered to mforc£^|LflLBPjnc_BfJbe, oftUgrtJpng.
                                                                arising.
                                                   Article 5(1) (amendment 21)
1. Bathing water shall be deemed to'comply with the             1. Bathfog water shall be deemed to comply with the requirements
     requirements of this Directive .if fer each parameter           of this Directive when the number of samples fai
                                                                     exceed the mimber specified in Jjble 2 of AITOBLL
     the relevant value does not exceed the number
     specified in Table 2 of Annex I.
                                               Article 5(2) (amendment 22 in part)
                                                                2. Bathing water shall be deemed to be of 'good quality' if:
                                                                     •   the bathing water conforms to the requirements of this
                                                                         Directive in the manner specified in paragraph 1, and
                                                                     •   the number of samples which fail to comply with the values
                                                                         in column G of Ti
                                                                         aumbeLi
                                                                         Assessment of whether bathing water is of good quality
                                                                         shall be on the basis of the results obtained in a bathing
                                                                          season.
                                                   Article 5(3) (amendment 23)
 3. In assessing compliance with ihe values in columns G         3. In assessing compliance with the values in columns G and I in
 arid 1 in Table 1 of Annex I, temporary deviations which        Table î of Annex I, temporary deviations which are the results of
 are the results of floods, other natural disasters or floods, other natural disasters or abnoi-mal weathei-conditions may be
 abnormal weather conditions may be disregarded. ï h s           disregarded. I M J ^ f f i f f i i s ^ . ^ ^ ^
 Commission shall be informed of those cases.in which            S^hi^MS-Fi^^
 ^«"pmviriwihMbeanised.                                           PMl^^lLfe^M^^Mlfe^
                                                    Article 5(4) (amendment 24)
      Member States shati ensure that ajaej£iaJeJn£mnaliQa       4. Member States shall ensure that uniform and easily
      on bathing water quality is prominently displayed at            imk^îwâÉÛSL-JïïkBmsâ.Qlî on bathing water quality is
      each bathing area. This shall include in particular:            prominently displayed at each bathing 2,o~e, This shr.Il include, m
                                                                      particular:
      1
        OJ N° L158,23.6.1990, p.56.
 ---pagebreak---               a statement of whether the bathing water                           a statement of whether the bathing water complied
              complied with the requirements of the                              with the requirements of the Directive in the previous
              Directive in the previous bathing season;                          bathing                                         season;
                                                                                 information on general safety aspects and on where
                                                                                 assistance    may b^         obtained     if   needed:
              most recent information enabling the public                        most recent information enabling the public to assess
              to assess bathing water quality during the                         bathing water quality during the current bathing
              current bathing season; and                                        season;
              information, including a timetable, on any                         information, including a timetable, on any remedial
              remedial works in progress of planned.                             works in progress or planned.
The provisions of this paragraph are without prejudice to             The provisions of this paragraph are without prejudice to the
the implementation of Council Directive 90/313/EEC'                   implementation of Council Directive 907313/EEC1 .
                                                   Article 6 (1) (amendment 26)
    The competent authorities in the Member States shall              1. The competent authorities in the Member States shall sample
    sample and analyze and make visual and olfactory                  and analyse and make visual and olfactory inspections of bathing
    inspections of bathing waters during the period                   waters during the period specified in paragraph 2 and at least as
    specified in paragraph (2) and at least as frequently as          frequently as is specified in Table 1 of Annex I and in
    is specified      in Table        1 of Annex L                    accordance with a code of good practice for sampling and
                                                                      treatment of samples drafted bv the committee referred to in
                                                                      Article 10.
                                              Article 6(3) §2 (amendment 27 in part)
They shall, in particular, identify all pollution sources,       They shall, in particular, identify all pollution sources, whether
whether discharges, or contributions from diffuse sources,       discharges, or contributions from diffuse sources, which might lead
which might lead to salmonella reaching bathing areas,           to salmonella reaching bathing areas, and shall take appropriate
and shall take appropriate action to avoid pollution from        action to avoid pollution from such sources
such                                                sources.     Commission of such actions..
                                                    Article 6(4) (amendment 28)
4.    The competent authority shall investigate any              4. Competent authorities shall investigate any unexpected sudden
unexpected sudden deterioration in the quality of bathing        deterioration in the quality of bathing water in order to identify the
water in order to identify the cause and must take               cause and must take immediate action to restore the quality of the
immediate and appropriate action to restore the quality of       water and shall inform the Commission of such action
water
                                                Article 7(1) (amendment 29 in part)
   Where pollution constitutes a threat to public health             Where pollution constitutes a threat to public health. Member
   Member States shall prohibit bathing at individual                States shall prohibit bathing at individual bathing zones and shall
   bathing areas. Such a threat shall be deemed to exist in          take measures to inform the public accordingly through the
   a case of significant deviation from tke__y.alMS                  appropriate channels. Such a threat shall be deemed to exist
   specified in column 1 in Table 1 of Annex I. taking               when the values specified in column I of Table 1 of Annex J are
   local conditions into account-
 ---pagebreak---                                                  Article 11 §1 (amendment 31)
Every year, and for the first time by 31 December I996T        Every year, and for the first time by 31 December 1998. the Member
the Member States shall send to the Commission a report        States shall send to the Commission a report on the implementation
on the implementation of this Directive in the current        of this Directive in the current year. The report shall be drawn up on
year. The report shall be drawn up on the basis of a           the basis of a questionnaire or outline drafted by the Commission in
questionnaire or outline drafted by the Commission in          accordance with the procedure laid down in Article 6 of Directive
accordance with the procedure laid down in Article 6 of        91/692/EEC. Member states shall he required to enclose the
Directive 91/692/EEC.                                         reference data a
                                                 Article 12 §1 (amendment 33)
Directive 76/160/EEC is hereby repealed with effect from       Directive 76/160/EEC is hereby repealed with effect from l i
31 December 1995. without prejudice to the obligation of       December 1997. without prejudice to the obligation of the Member
the Member States as the deadlines for transposition into      States as to deadlines for transposition into national law and for
national law and for application as shown in Annex II.         application as shown in Annex il.
                                               Article 13 (1) §1 (amendment 34)
    Member States shall bring into force the laws ,                Member States shall bring into force laws, regulations and
    regulations and administrative provisions necessary to         administrative provisions necessary to comply with this Directive
    comply with this Directive no later than 31 December           no later than 31 December 1997. They shall forthwith inform the
     1995. They shall forthwith inform the Commission              Commission thereof.
    thereof.
 ---pagebreak---                                                       Annex I - Table 1
                                            Quality requirements for Bathing Water
Parameter         G-value        G-value in     I-value in               Sampling      Method of analysis or inspection 1
                  in original                   original                 frequency
                  proposal     Ipldfilâiï:-':-  proposal
1. Escherichia     100                          2000                                   Incubation at 44°C
Coli/100 ml
                                                                         fortnightly
                                                                                       Fermentation in multiple tubes
                                                                                       Subculturing of the positive tubes on a
                                                                                       confirmation medium. Count according
                                                                                       MPN (most probable number) or
                                                                                       membrane filtration and culture on an
                                                                                       appropriate medium such as Tergitol
                                                                                       lactose agar, endo agar, 0,4% Teepol
                                                                                       broth, subculturing and identification of
                                                                                       the suspect colonies.
2.        Faecal   100                          400                      fortnightly   Litsky method with incubation at 37°C
Streptococci /                 MI H I:                       lÙlil:!
100 ml                         ï::faliel<i*s>                                          Count according MPN (most probable
                               <âÊÈiÈÊÊ$$                    smlnliëp!                 number) or filtration on membrane.
                                                                                       Culture on an appropriate medium.
3.                ___                           0                        monthly        Concentrating by filtration, flocculation
Enteroviruses                                                                          or centrifugation and confirmation.
4.
Bacteriophages
5. pH                                           6 to 9                   fortnightly    Electrometry with calibration at pH 7
                                                                                        and 9
6. Colour                                       no                       fortnightly    Visual inspection or photometry wiht
                                                abnormal                                standards on the Pt.Co scale
                                                change
7. Mineral Oils                                 no      film             forthnightly   Visual and olfactory inspection
                                                visible on
                                                the surface
                                                of the water
                                                and       no
                                                odour
8.       Surface   < 0.3                        no lasting               fortnightly    Visual inspection for the I value.
Active                                          foam
substances                                                                              Absorption photometry with methylene
reacting    with
methylene blue
                                                             WÊ^WÊ'^                    blue for the G value.
mg/1
9. Phenols  2                                   no specific              fortnightly    Olfactory inspection
                                                odour
     1
            At proposal nf the committee referred to in Article 10. reference will be made in the future . wherever
           possible, to CENmethods. famendment 35)
     2
           When bathing water undergoes natural enrichment of this substance, in its unchlorinated form,
           Member States can, without prejudice to public health protection, waive the related provision of the
           Directive. In such cases, it shall forthwith inform the Commission thereof.
 ---pagebreak--- Parameter         G-value     G-value in    I-value in    I-value in    Sampling
                  in original amended       original      amended       frequency
                  proposal    proposal      proposal      proposal
10.               2m                        lm1                         fortnightly Secchi's disc
Transparency
11. Dissolved                               80-120                      fortnightly Winkler's method or electrometric
oxygen        %                                                                     method (oxygen meter)
saturation O2
12.        Tarry                            Absence of    Absence       fortnightly visual inspection
residues     and                            sewage solids (amendment
floating                                                  37)
materials such
as        wood,
plastic articles,
bottles,
containers of
glass, plastic,
rubber or any
other
substance.
Waste          or
splinters
                                                                  •
                     Original Proposal                                 Amended Proposal
                            Annex I, table I, footnotes 1 and 2 (amendment 40)
      1. In case of abnormal peak value, Member                     deleted
      States can within two working days retest this
      parameter. If following retesting a normal
      value is recorded, the peak value can be
      disregarded. However, the Commission shall
      be informed of the number of peak values
      disregarded for each bathing zone.
      2. Tins parameter must be measured once in
      the fortnight before the start of the bathing
      season, If during the two preceding bathing
      seasons the bathing water complied with the
      G-value for Escherichia Coli and the I-value
      for faecal streptococci, on the basis of Table 3
      and 2 respectively, and the bathing water does
      not receive discharges of chemically treated
      sewage, then the parameter needs only to be
      measured once more. This measurement
      should be made in the middle of the bathing
      season,
      1
         Where this value cannot be respected for geographical reasons it may be replaced by 'No abnormal
           decrease'.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 585 final
                                              DOCUMENTS
EN                                                                14 05 15
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                                                             ISBN 92-78-27396-1
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