Tag Archives: Environmental monitoring

Bathing water quality

Bathing water quality

Outline of the Community (European Union) legislation about Bathing water quality

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Bathing water quality

Document or Iniciative

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.

SUMMARY

The European Union (EU) is committed to protecting environmental quality and human health. This Directive therefore strengthens the rules guaranteeing bathing water quality *. It supplements Directive 2000/60/EC on water protection and management.

The Directive does not apply to swimming pools or spa pools, or to artificially created confined waters, subject to treatment or used for therapeutic purposes.

Monitoring of bathing water

Each year, the Member States shall identify the bathing waters in their territory and define the length of the bathing season.

They shall establish monitoring at the location most used by bathers or where the risk of pollution is greatest. Monitoring shall take place by means of sampling:

  • four samples, including one before the start of the bathing season;
  • three samples only if the seasons does not exceed eight weeks or if the region is subject to special geographical constraints.

Member States shall communicate the results of their monitoring to the Commission with a description of the water quality management measures. Monitoring may be suspended exceptionally once the Commission has been informed.

Determining bathing water quality

Water quality is assessed on the basis of microbiological data defined according to the parameters described in Annex I. Member States shall then establish a classification of waters of poor, sufficient, good or excellent quality. This classification shall comply with the criteria set out in Annex II.

All bathing waters in the EU must be at least of sufficient quality by the end of the 2015 bathing season. Furthermore, Member States are to take the necessary measures to improve the number of bathing waters of good or excellent quality.

If quality is poor, Member States shall adopt the necessary measures to manage and eliminate pollution, and to protect and inform bathers.

Bathing water profile

The Directive provides for profiles to be established to identify possible pollution, for one or more than one contiguous bathing waters. In particular, they comprise an assessment of:

  • the physical, geographical and hydrological characteristics of the bathing water and of other surface waters in the catchment area;
  • pollution and sources thereof;
  • management measures.

These profiles must be established by 24 March 2011.

Exceptional measures

Member States shall adopt exceptional measures if unexpected situations deteriorate the quality of waters or represent a risk to bathers’ health.

Appropriate monitoring must also be implemented if there is a risk of proliferation of algae. The authorities responsible must therefore:

  • take management measures and provide information immediately if a proliferation of cyanobacteria (or “blue algae”) occurs;
  • assess the health risks if there is a proliferation of macro-algae and/or marine phytoplankton.

Transboundary waters

Member States shall exchange information and take joint action if a river basin * extends over several territories.

Information to the public

National authorities shall enable the public to obtain information and to participate in water quality management. Citizens may therefore make suggestions, remarks or complaints. They may also participate in the establishment, review and updating of lists of water quality.

Moreover, Member States shall ensure that adequate information is disseminated actively and is easily available during the bathing season. This concerns in particular:

  • the classification of water, prohibitions or advice against bathing;
  • a general description of the water in non-technical language;
  • a description of the nature and duration of pollution.

Context

This Directive shall repeal Directive 76/2006/EEC by 31 December 2014.

Key terms
  • Bathing water: any element of surface water where the national authorities of a Member State expect a large number of people to bathe or have not imposed a permanent bathing prohibition, or issued permanent advice against bathing.
  • River basin: area from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2006/7/EC

24.3.2006

24.3.2008

OJ L 64 of 4.3.2006


Another Normative about Bathing water quality

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Environment > Water protection and management

Bathing water quality (until 2014)

Document or Iniciative

Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water [See amending acts].

Summary

This Directive concerns the quality of bathing water in the Member States of the European Union (EU). It concerns those waters in which bathing is authorised by the national authorities and regularly practised by a significant number of bathers. This Directive does not apply to water intended for therapeutic purposes, or to water used in swimming pools.

It lays down the minimum quality criteria to be met by bathing water. They relate to:

  • the limit values of substances considered to be indicators of pollution (in the Annex);
  • the minimum sampling frequency and method of analysis or inspection of such water (in the Annex).

Member States may fix more stringent values than the criteria laid down in the Directive. In addition, where it does not give any values for certain substances, Member States are not obliged to fix any.

Water quality assessment

Sampling is carried out by Member States at different intervals for each polluting substance (in the Annex). Samples are taken at places where the daily average density of bathers is highest. Sampling begins two weeks before the start of the bathing season. The water testing must be adapted to the geographical and topographical conditions and to the presence of existing or potential polluting discharges.

Non-compliance

Where the waters do not conform to the parameters of the Directive, Member States may not authorise bathing in them before they have taken the necessary measures to improve the water quality. They have a period of ten years after notification of the Directive for the quality of the water to conform to the set limit values.

However, under certain conditions, bathing water is deemed to conform to the relevant parameters, even if a certain percentage of samples taken during the bathing season do not conform to the limit values. Derogations to the Directive are possible, provided that they meet the objective of protecting public health.

In addition, the consequences of floods, natural disasters or abnormal weather conditions are not taken into consideration when determining the water quality.

Monitoring Committee

A Committee on adaptation to technical progress enables the measures for improving water quality to be adapted. It consists of representatives from the Member States and is chaired by a representative of the Commission.

Context

This is repealed by Directive 2006/7/EC with effect from 31 December 2014. However, it still applies in Member States where transposition of the new Directive is not finished.

The review of bathing water legislation is designed to ensure consistency with the Sixth Environment Action Programme, the Sustainable Development Strategy and the Water Framework Directive. It is also intended to simplify procedures in the light of scientific developments and improve participatory processes for the actors concerned and the information given to the public.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 76/160/EEC

10.12.1975

10.12.1977

OJ L 31, 5.2.1976

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 91/692/EEC

23.12.1991

1.1.1993

OJ L 377, 31.12.1991

Regulation (EC) No 1137/2008

11.12.2008

OJ L 311, 21.11.2008

Successive amendments and corrections to Directive 76/160/EEC have been incorporated in the basic text. This consolidated versionis for reference purpose only.

Related Acts

Communication from the Commission to the European Parliament and the Council of 21 December 2000: Developing a new bathing water policy [COM(2000) 860 final – Not published in Official Journal].
The Communication sets out the strengths and weaknesses of the management of bathing water quality, and proposes various approaches to drafting a new directive to take account of technical progress in the field.

Commission Decision 92/446/EEC of 27 July 1992 concerning questionnaires relating to Directives in the water sector [Official Journal L 247 of 27.8.1992].
This Decision draws up the outlines of questionnaires needed to monitor the implementation of and compliance with the provisions of all Directives in the water sector, including Directive 76/160/EEC.

Environmental liability

Environmental liability

Outline of the Community (European Union) legislation about Environmental liability

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise > Interaction between enterprise policy and other policies

Environmental liability

Document or Iniciative

Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.

Summary

The Directive establishes a framework for environmental liability based on the “polluter pays” principle, with a view to preventing and remedying environmental damage.

Environmental damage

Under the terms of the Directive, environmental damage is defined as:

  • direct or indirect damage to the aquatic environment covered by Community water management legislation;
  • direct or indirect damage to species and natural habitats protected at Community level by the 1979 “Birds” Directive or by the 1992 “Habitats” Directive;
  • direct or indirect contamination of the land which creates a significant risk to human health.

Scope of the principle of liability

The principle of liability applies to environmental damage and imminent threat of damage resulting from occupational activities, where it is possible to establish a causal link between the damage and the activity in question.

The Directive therefore distinguishes between two complementary situations, each one governed by a different liability scheme: occupational activities specifically mentioned in the Directive and other occupational activities.

The first liability scheme applies to the dangerous or potentially dangerous occupational activities listed in Annex III to the Directive. These are mainly agricultural or industrial activities requiring a licence under the Directive on integrated pollution prevention and control, activities which discharge heavy metals into water or the air, installations producing dangerous chemical substances, waste management activities (including landfills and incinerators) and activities concerning genetically modified organisms and micro-organisms. Under this first scheme, the operator may be held responsible even if he is not at fault.

The second liability scheme applies to all occupational activities other than those listed in Annex III to the Directive, but only where there is damage, or imminent threat of damage, to species or natural habitats protected by Community legislation. In this case, the operator will be held liable only if he is at fault or negligent.

The Directive provides for a certain number of exemptions from environmental liability. The liability scheme does not apply in the case of damage or imminent damage resulting from armed conflict, natural disaster, activities covered by the Treaty establishing the European Atomic Energy Community, national defence or international security activities or activities covered by the international conventions listed in Annex IV.

Preventing and remedying environmental damage

Where there is an imminent threat of environmental damage, the competent authority designated by each Member State may:

  • require the operator (the potential polluter) to take the necessary preventive measures; or
  • take the necessary preventive measures and then recover the costs incurred.

Where environmental damage has occurred, the competent authority may:

  • require the operator concerned to take the necessary restorative measures (determined on the basis of the rules and principles set out in Annex II to the Directive); or
  • take the necessary restorative measures and then recover the costs incurred. Where several instances of environmental damage have occurred, the competent authority may determine the order of priority according to which they must be remedied.

Environmental damage may be remedied in different ways depending on the type of damage:

  • for damage affecting the land, the Directive requires that the land concerned be decontaminated until there is no longer any serious risk of negative impact on human health;
  • for damage affecting water or protected species and natural habitats, the Directive is aimed at restoring the environment to how it was before it was damaged. For this purpose, the damaged natural resources or impaired services must be restored or replaced by identical, similar or equivalent natural resources or services either at the site of the incident or, if necessary, at an alternative site.

In Annex II to the Directive there is further information on the method that has to be taken into account in order to remedy environmental damage.

Costs of preventing and remedying damage

If the competent authority has carried out preventive and remedial actions itself, the authority may recover the costs it has borne from the operator responsible for the damage or imminent threat of damage. The same principle applies to environmental assessments carried out to determine the extent of damage and the action to be taken to repair it. The competent authority must initiate cost recovery proceedings within five years of the date on which the remediation and repair measures have been completed or the date on which the liable operator, or third party, has been identified, whichever is the later.

If several operators are jointly responsible for damage, they must bear the costs of repair either jointly and severally or on a proportional basis.

The Directive does not oblige operators to take out a financial security, such as insurance, to cover their potential insolvency. However, Member States are required to encourage operators to make use of such mechanisms.

Request for action

Natural or legal persons who may be adversely affected by environmental damage and environment protection organisations may, subject to certain conditions, ask the competent authorities to act when faced with damage. Persons and organisations requesting action may bring legal action before a court or an ad hoc body for review of the lawfulness of the decisions and actions of the competent authority, or of its failure to act.

Cooperation between Member States

Where damage or a threat of damage may affect more than one Member State, the Member States concerned must cooperate on the preventive or remedial action to be taken.

Reports

Member States must report to the Commission on the application of the Directive by 30 April 2013 at the latest. The Commission will present a report to the Parliament and the Council based on the national reports together with appropriate proposals, if necessary, by 30 April 2014 at the latest.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2004/35/EC

30.4.2004

30.4.2007

OJ L 143 of 30.4.2004

Successive amendments and corrections to Directive 2004/35/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Report from the Commission of 12 October 2010 under Article 14(2) of Directive 2004/35/EC on the environmental liability with regard to the prevention and remedying of environmental damage [COM(2010) 581 final – Not published in the Official Journal].