2001/720/EC: Commission Decision of 8 October 2001 granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast (notified under document number C(2001) 2657)

Commission Decision
of 8 October 2001
granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast
(notified under document number C(2001) 2657)
(Only the Portuguese text is authentic)
(2001/720/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment(1), as amended by Commission Directive 98/15/EC(2), and in particular, Article 8(5) thereof,
Whereas:
(1) Article 8(5) of Directive 91/271/EEC provides a concession whereby, in exceptional circumstances, discharges into less sensitive areas of waste water from agglomerations exceeding 150000 population equivalents may nonetheless be subject to the less stringent requirements set out in Article 6(2).
(2) In such circumstances, Member States are required to submit beforehand the relevant documentation to the Commission, showing that the discharges receive at least primary treatment and that they will not affect the environment.
(3) Portugal has identified its coastal waters, except those of the Algarve region, as a "less sensitive area" under Article 6 of Directive 91/271/EEC.
(4) On 16 June 1999 Portugal sent a request to the Commission under Article 8(5) of Directive 91/271/EEC, concerning the discharge of waste waters into the Atlantic Ocean near the Tagus estuary, from the agglomeration of the Estoril coast, which accounts for 720000 population equivalents.
(5) At the request of the Commission, Portugal sent the Commission additional information on the matter, by letters dated 25 November 1999 and 15 February 2000.
(6) The hydrodynamic conditions of the western coast of Portugal, which result from the wind conditions, tides, currents and dispersion, are some of the most favourable of European coastal waters for the dilution and dispersion of waste water. Moreover, the point of discharge is situated outside the outer limit of the Tagus estuary. Consequently, the criteria for less sensitive areas are applicable to the point of discharge.
(7) The point of discharge is far away from the bathing areas of the Estoril coast.
(8) The documentation transmitted by Portugal demonstrates that the discharge will not have any impact on the dissolved oxygen rate, the trophic status, the transparency and the benthic community of the receiving waters.
(9) The bathing waters along the agglomeration of the Estoril coast have not, for years, complied with the requirements of Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water(3), as last amended by the Act of Accession of Austria, Finland and Sweden, inasmuch as the microbiological concentrations in those waters exceed the standards specified in that Directive.
(10) Since 1995, seven of the twelve bathing areas of the agglomeration of the Estoril coast, namely the beaches of Carcavelos, Parede, Rainha, Cresmina, S. Pedro de Estoril, Tamariz and Torre, have not complied with the mandatory bacteriological values of Directive 76/160/EEC.
(11) The Commission considers that, even if the deficiencies of collecting systems appear to be the major source of this microbiological pollution, the waste water discharge in question can reach bathing areas and therefore contribute to the microbiological pollution of those areas unless waste waters are treated appropriately before discharge.
(12) Microbiological removal treatment, prior to discharge into the sea, is necessary to prevent the risk of pollution of bathing waters.
(13) In order to be efficient, microbiological removal treatment needs low levels of suspended solids and reduced concentration of organic matter in waste waters.
(14) After consultation of the Committee set up pursuant to Article 18 of Directive 91/271/EEC and discussion with the Commission, Portugal sent additional documentation on 21 December 2000, proposing microbiological removal treatment after advanced primary treatment and before discharge into the sea during the bathing season.
(15) The Commission considers that, on the basis of the information and assurances provided by Portugal and because of the exceptional circumstances concerning dilution and dispersion of the receiving waters, the treatment proposed by Portugal will be able to protect the adjacent bathing areas from microbiological contamination.
(16) The Commission, having examined the documentation submitted by Portugal in support of the request for a derogation, concludes that the request corresponds to the circumstances envisaged by Article 8(5) of the Directive: the documentation demonstrates that the discharge from the Estoril coast agglomeration would, after the proposed treatment, not adversely affect the environment, and that more advanced treatment would not produce any environmental benefits.
(17) The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 18 of Directive 91/271/EEC,