EU SPECIFIC WATER LEGISLATIONS

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C - Bathing waters

 

In 2021, 88% of EU Costal bathing sites were classified as being of excellent quality compared to 78,2% of inland sitesClick here for more information!. The last report of the EEA also underlines that 90% of bathing waters were classified as being of excellent quality in Austria, Malta, Greece, Croatia, Cyprus, Denmark and Germany. Currently 21 551 bathing sites are identified in the EU. The implementation of the Directive concerning the quality of bathing water (76/160/EEC Click here for more information! repealed by Directive 2006/7/EC Click here for more information!) has contributed to increase the quality of bathing waters. The EEA mentions that the number of the poor-quality sites dropped slightly since 2013. The insufficient implementation of the Urban Waste Water directive in Member States is identified as one of the reasons which hinder the improvement of quality of bathing waters.
Directive 2006/7 organises the monitoring and classification, the management of the quality of bathing water and information to the public.

Bathing waters

Bathing water falling within the scope of the Directive includes “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 (with the exception of swimming pools and spa pools, confined waters subject to treatment or used for therapeutic purposes and artificially created confined waters separated from surface water and groundwater (Article 1(3)).
Limit values are laid down for intestinal enterococci and Escherichia coli which have a known capacity as being indicative of water quality (Article 3(2) and Annex I) (Intestinal enterococci are “correlated” to gastroenteritis and Escherichia coli is the main component of the former faecal coli forms).

The classification of bathing waters has four categories: poor, sufficient, good or excellent. All bathing waters must at least of “sufficient” quality. Measures are taken with a view to increasing the number of bathing waters classified as “excellent” or “good” (Article 5(1) and (3)).
In the case of classification of water as “poor” quality, national authorities must take “adequate” management measures, including a bathing prohibition or advise against bathing (which becomes permanent after five consecutive years), the identification of the causes and reasons for that quality level, and the adequate measures required to prevent, reduce or eliminate the causes of pollution (Article 5(4)).

Monitoring must be effected at the location within the bathing water where “most bathers are expected” or the greatest risk of pollution is expected (Article 3(3)). Adequate management measures must be taken timely where Member States 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 (Article 7). In addition, when the bathing water profile indicates a tendency to eutrophication in that it indicates either a potential for cyanobacterial proliferation or a tendency for proliferation of macro-algae and/or marine phytoplankton, appropriate monitoring measures or management measures must be taken (Articles 8 and 9).

The efficacy of such measures must be increased by the prompt and active dissemination “during the bathing season in an easily accessible place in the near vicinity of each bathing water” of the current bathing water classification and any bathing prohibition or advise against bathing “by means of a clear and simple sign or symbol”, and even of a general description of the bathing water in non-technical language.” In the case of bathing waters subject to short-term pollution, information must additionally be given that the bathing water is subject to such pollution and of the number of days on which bathing was prohibited or advised against during the preceding bathing season. The nature and expected duration of abnormal situations, the reasons why bathing is prohibited or advised against, inter alia, are also made known. Member States are required to use appropriate media and technologies, including the Internet, to disseminate actively and promptly “in several languages, when appropriate”, a list of bathing waters, the classification of each one over the last three years, the source of pollution of those classified as being of “poor” quality, and the measures taken with a view to preventing bathers’ exposure to pollution as well as information on short-term pollutions (Article 12).

Bathing Water Directive (both 76/160/EEC & 2006/7/EC) did not give rise to many cases before the Court of Justice of UE compared others EU Water Directives; all of which have been brought under the infringement procedure Click here for more information! and just one resulted in financial penalties for non-compliance with the first Court’s judgment Click here for more information!.
In line with the European Strategy zero pollution (2021), the Commission launched a review of the Bathing Water Directive 2006/7/EC and a public consultation on bathing water was opened in October 2021 Click here for more information!.