51996AP0395

A4-0395/96

Proposal for a Council Directive concerning the quality of bathing water (COM(94)0036 - C4-0036/94 - 94/0006(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Text following EP vote>

Whereas not only for bathers but also for people engaging in other forms of aquatic recreation, water quality is crucial in making the recreation possible; whereas the waters used by such people likewise require protection, and 'bathing water' should therefore include other water put to recreational use;

(Amendment 2)

Recital 3

>Original text>

Whereas the quality of bathing water is an important asset of the tourism sector in the Community; whereas its improvement and its surveillance are also necessary in the framework of the establishment and functioning of the internal market;

>Text following EP vote>

Whereas the quality of bathing water is an important asset of the tourism sector in the Community which, according to Article 3(t) of the EC Treaty, is one of the spheres in which the Community shall take action; whereas its improvement and its surveillance are also necessary in the framework of the establishment and functioning of the internal market;

(Amendment 3)

Recital 3a (new)

>Text following EP vote>

Whereas Community measures should stimulate quality and competitiveness of the European tourism industry, integrating at the same time the satisfaction of tourists' needs and the rational use of natural resources (such as bathing water) and of cultural and infrastructural resources, thus contributing to the balanced and sustainable development of tourism, in accordance with Agenda 21, adopted at the conclusion of the UN Conference on the Environment and Development (Rio de Janeiro, 1992), which converted the principle of sustainable development into practical standards to be applied to every level of human activity in terms of territory and ecosystems, to avoid, in future, the geographical and spatial over-concentration of tourism which now affects the so- called 'mature destinations';

(Amendment 4)

Recital 6

>Original text>

Whereas the list of parameters to be measured should indicate in the most appropriate way the quality of bathing water and take account of advances in science and technology; whereas there is a need to require the verification of only those parameters which are indispensable for ensuring an adequate protection of human health;

>Text following EP vote>

Whereas the parameters to be measured should indicate in the most appropriate way the quality of bathing water and take account of advances in science and technology; whereas there is a need to require the verification of only those parameters which are indispensable for ensuring an adequate protection of human health;

(Amendment 5)

Recital 9a (new)

>Text following EP vote>

Whereas water quality is crucial for the health of other water sports enthusiasts as well as swimmers and the waters used by them should therefore also be protected;

(Amendment 6)

Recital 10

>Original text>

Whereas to highlight situations where outstanding results are achieved it is desirable to introduce a standard of 'excellent quality' for bathing water;

>Text following EP vote>

Whereas to highlight situations where outstanding results are achieved it is desirable to introduce a standard of 'good quality' for bathing water; whereas the Member States should therefore award to those bathing areas which obtain such results a symbol which can be easily recognized by all European Union citizens, along the lines of the 'Blue Flag' scheme; whereas this symbol could also represent a European tourism label, similar to the 'eco-label' for tourism promotion purposes in those bathing areas;

(Amendment 7)

Recital 10a (new)

>Text following EP vote>

Whereas it must be realized that only a limited number of types of pollution are checked for and that therefore even in the case of bathing water of good quality the possibility of disease can never be completely excluded;

(Amendment 8)

Recital 10b (new)

>Text following EP vote>

Whereas the first multiannual programme to assist European tourism - 'PHILOXENIA' (1997-2000)1 - includes among its objectives the improvement of the quality of European tourism; whereas bathing water constitutes a vital but exhaustible resource for the development of tourism, making it essential to ensure close coordination between the objectives of European tourism policy and Community water resource policy;

____________

1 OJ C 222, 31.7.1996. p. 9.

(Amendment 9)

Recital 11

>Original text>

Whereas, in the case of bathing waters first falling within the scope of this Directive after 31 December 1995 as a result of an increased use by bathers, it is appropriate to allow a period of time for Member States to bring them up to the requisite quality;

>Text following EP vote>

Whereas, in the case of bathing waters first falling within the scope of this Directive after 31 December 1997 as a result of an increased use by bathers, it is appropriate to allow a period of time for Member States to bring them up to the requisite quality;

(Amendment 10)

Recital 12

>Original text>

Whereas the public should be adequately informed about the quality of bathing waters and about any remedial action taken by the competent authorities;

>Text following EP vote>

Whereas the public should be informed in a comprehensible and uniform way about the quality of bathing waters and about any remedial action taken by the competent authorities;

(Amendment 11)

Recital 13

>Original text>

Whereas Member States should monitor the quality of bathing waters with adequate frequency and analyse them by comparable methods; whereas this frequency can be reduced, under certain conditions, for bathing waters which have previously proved to be of excellent quality;

>Text following EP vote>

Whereas Member States should monitor the quality of bathing waters with adequate frequency and analyse them by comparable methods; whereas this frequency can be reduced, under certain conditions, for bathing waters which have previously proved to be of good quality;

(Amendment 12)

Recital 13a (new)

>Text following EP vote>

Whereas if in the future inspections form part of the remit of the European Environment Agency, duties will be conferred on this Agency under this Directive;

(Amendment 13)

Recital 15

>Original text>

Whereas technical progress may necessitate rapid adaptation of the technical requirements laid down in Annex I; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be set up under which the Commission can adopt such adaptations with the assistance of a Committee composed by the representatives of Member States;

>Text following EP vote>

Whereas technical progress may necessitate rapid adaptation of the technical requirements laid down in Annex I; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be set up under which the Commission can adopt such adaptations with the assistance of a Committee composed by the representatives of Member States and after assessment by the European Parliament in accordance with the code of conduct which exists for the purpose;

(Amendment 14)

Recital 16a (new)

>Text following EP vote>

Whereas this Directive will be integrated into the framework Directive on European water policy which has yet to be drawn up and whereas the nature of this Directive and the standards adopted will not become any less stringent as a result of that integration;

(Amendment 15)

Article 1(1)

>Original text>

1. This Directive concerns the quality of bathing water, with the exception of water intended for therapeutic purposes and water used in swimming pools.

>Text following EP vote>

1. This Directive concerns the quality of water intended for swimming and water sports, with the exception of water intended for therapeutic purposes and water used in swimming pools.

(Amendment 16)

Article 1(2)(a), second indent

>Original text>

- bathing is not prohibited and is traditionally practised by a large number of bathers;

>Text following EP vote>

- bathing is not prohibited;

(Amendment 17)

Article 1(2)(c)

>Original text>

(c) 'bathing season' means the period during which a large number of bathers can be expected, in the light of local custom, and any local rules which may exist concerning bathing and weather conditions.

>Text following EP vote>

(c) 'bathing season' means the period during which people normally bathe, in the light of the geographical situation, local custom, and weather conditions; this period may not be shorter than 2 months.

(Amendment 18)

Article 1(2)(ca) (new)

>Text following EP vote>

(ca) 'competent authority' means the authority, indicated by the Member State, empowered to enforce all or some of the obligations arising from this Directive.

(Amendment 19)

Article 4(2)

>Original text>

2. In the case of bathing areas first falling within the scope of the second indent of Article 1, paragraph (2)(a) after 31 December 1995, Member States shall take all necessary steps to ensure that, at the start of the third bathing season following identification of a new bathing area, the bathing water there at least conforms to the values given in column I of Table 1 of Annex I.

>Text following EP vote>

Deleted

(Amendment 20)

Article 4(3)

>Original text>

3. By way of derogation from paragraphs 1 and 2 above, in those cases where the measures taken have not brought about compliance with the values given in column I of Table 1 of Annex I, the competent authority must identify the cause or causes of the non-compliance, and take the necessary action to bring about compliance as soon as possible. The competent authority shall in addition inform the Commission forthwith of the reasons for the failure to comply and of the necessary action to be taken, including a timetable for completion.

>Text following EP vote>

3. By way of derogation from paragraph 1 above, in those cases where the measures taken have not brought about compliance with the values given in column I of Table 1 of Annex I, the competent authority must identify the cause or causes of the non-compliance, and take the necessary action to bring about compliance as soon as possible. The competent authority shall in addition inform the Commission forthwith of the reasons for the failure to comply and of the necessary action to be taken, including a timetable for completion.

(Amendment 21)

Article 5(1), first subparagraph

>Original text>

1. Bathing water shall be deemed to comply with the requirements of this Directive if for each parameter for which there is a value in column I of Table 1 of Annex I the number of samples failing to comply with the relevant value does not exceed the number specified in Table 2 of Annex I.

>Text following EP vote>

1. Bathing water shall be deemed to comply with the requirements of this Directive when the number of samples failing to comply with the values in column I of Table 1 of Annex I does not exceed the number specified in Table 2 of Annex I.

(Amendment 22)

Article 5(2)

>Original text>

2. Bathing water shall be deemed to be of 'excellent quality' if:

>Text following EP vote>

2. Bathing water shall be deemed to be of 'good quality' if:

>Original text>

- the bathing water conforms to the requirements of this Directive in the manner specified in paragraph (1), and

>Text following EP vote>

- the bathing water conforms to the requirements of this Directive in the manner specified in paragraph (1), and

>Original text>

- for each parameter for which there is a value in column G of Table 1 of Annex I the number of samples failing to comply with the relevant value does not exceed the number specified in Table 3 of Annex I.

>Text following EP vote>

- the number of samples which fail to comply with the values in Column G of Table 1 of Annex I does not exceed the number specified in Table 3 of Annex I.

>Original text>

Assessment of whether bathing water is of excellent quality shall be on the basis of the results obtained in a bathing season.

>Text following EP vote>

Assessment of whether bathing water is of good quality shall be on the basis of the results obtained in two previous bathing seasons and the current bathing season.

(Amendment 23)

Article 5(3)

>Original text>

3. In assessing compliance with the values in Columns G and I in Table 1 of Annex I, temporary deviations which are the results of floods, other natural disasters or abnormal weather conditions may be disregarded. The Commission shall be informed of those cases in which this provision has been used.

>Text following EP vote>

3. In assessing compliance with the values in Columns G and I in Table 1 of Annex I, temporary deviations which are the results of floods, other natural disasters or abnormal weather conditions may be disregarded. The Commission shall be informed of those cases in which this provision has been used and the attention of the bathing public shall be clearly drawn thereto.

(Amendment 24)

Article 5(4), introduction and 1st indent

>Original text>

4. Member States shall ensure that adequate information on bathing water quality is prominently displayed at each bathing area. This shall include, in particular:

>Text following EP vote>

4. Member States shall ensure that uniform and easily understandable information on bathing water quality is prominently displayed at each bathing area. This shall include, in particular:

>Original text>

- a statement of whether the bathing water complied with the requirements of the Directive in the previous bathing season;

>Text following EP vote>

- a statement of whether the bathing water complied with the requirements of the Directive in the previous bathing season;

>Text following EP vote>

- information on general safety aspects and on where assistance may be obtained if needed;

(Amendment 25)

Article 5(4a) (new)

>Text following EP vote>

4a. Member States shall ensure that the information referred to in paragraph 4 is standardized and is publicly accessible through a database.

(Amendment 26)

Article 6(1), first subparagraph

>Original text>

1. The competent authorities in the Member States shall sample and analyse and make visual and olfactory inspections of bathing waters during the period specified in paragraph (2) and at least as frequently as is specified in Table 1 of Annex I.

>Text following EP vote>

1. The competent authorities in the Member States shall sample and analyse and make visual and olfactory inspections of bathing waters during the period specified in paragraph (2) and at least as frequently as is specified in Table 1 of Annex I and in accordance with a code of good practice for sampling and the treatment of samples drafted by the committee referred to in Article 10.

(Amendment 27)

Article 6(3), second subparagraph

>Original text>

They shall, in particular, identify all pollution sources, whether discharges, or contributions from diffuse sources, which might lead to salmonella reaching bathing areas, and shall take appropriate action to avoid pollution from such sources.

>Text following EP vote>

They shall, in particular, identify all pollution sources, whether discharges, or contributions from diffuse sources, including those produced by pleasure boats and yachts, which might lead to salmonella reaching bathing areas, and shall take appropriate action to avoid pollution from such sources and shall inform the Commission of such actions.

(Amendment 28)

Article 6(4)

>Original text>

4. Competent authorities shall investigate any unexpected sudden deterioration in the quality of bathing water in order to identify the cause and must take immediate and appropriate action to restore the quality of the water.

>Text following EP vote>

4. Competent authorities shall investigate any unexpected sudden deterioration in the quality of bathing water in order to identify the cause and must take immediate and appropriate action to restore the quality of the water and shall inform the Commission of such action.

(Amendment 29)

Article 7(1)

>Original text>

1. Where pollution constitutes a threat to public health Member States shall prohibit bathing at individual bathing areas. Such a threat shall be deemed to exist in a case of significant deviation from the values specified in Column I in Table 1 of Annex I, taking local conditions into account.

>Text following EP vote>

1. Where pollution constitutes a threat to public health Member States shall prohibit bathing at individual bathing areas and shall take measures to inform the public accordingly through the press or radio and television. Such a threat shall be deemed to exist when the values specified in Column I in Table 1 of Annex I, taking local conditions into account, are exceeded.

(Amendment 30)

Article 10

>Original text>

1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

The Commission shall be assisted by a type I advisory committee as provided for in Article 2 of Council Decision 87/373/EEC1 laying down the procedures for the exercise of implementing powers conferred on the Commission.

_____________

1 OJ L 197, 18.7.1987, p. 33.

>Original text>

3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event:

>Original text>

- the Commission may defer application of the measures which it has decided for a period of three months from the date of communication,

>Original text>

- the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.

(Amendment 31)

Article 11, 1st paragraph

>Original text>

Every year, and for the first time by 31 December 1996, the Member States shall send to the Commission a report on the implementation of this directive in the current year. The report shall be drawn up on the basis of the questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Directive 91/692/EEC.

>Text following EP vote>

Every year, and for the first time by 31 December 1998, the Member States shall send to the Commission a report on the implementation of this directive in the current year. The report shall be drawn up on the basis of the questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Directive 91/692/EEC. The Member States shall be required to enclose the reference data as evidence.

(Amendment 32)

Article 11, 3rd paragraph

>Original text>

The Commission shall publish a Community report on the implementation of the Directive within four months of receiving the reports from the Member States.

>Text following EP vote>

The Commission shall present to the European Parliament's Committee on Budgets, by 15 May of each year, a detailed report on the implementation of the Directive and the financial aspects thereof.

(Amendment 33)

Article 12, first paragraph

>Original text>

Directive 76/160/EEC is hereby repealed with effect from 31 December 1995, without prejudice to the obligation of the Member States as to deadlines for transposition into national law and for application as shown in Annex II.

>Text following EP vote>

Directive 76/160/EEC is hereby repealed with effect from 31 December 1997, without prejudice to the obligation of the Member States as to deadlines for transposition into national law and for application as shown in Annex II.

(Amendment 34)

Article 13(1), first subparagraph

>Original text>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1995. They shall forthwith inform the Commission thereof.

>Text following EP vote>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1997. They shall forthwith inform the Commission thereof.

(Amendment 35)

ANNEX I, table 1, 6th column, footnote -1 (new)

>Original text>

Method of analysis or inspection

>Text following EP vote>

Method of analysis or inspection-1

>Text following EP vote>

(-1) At the proposal of the committee referred to in Article 10, reference will in future, wherever possible, be made to CEN methods.

(Amendment 36)

ANNEX I, table 1, item 2, columns G and I

>Original text>

G I

Faecal streptococci 100 400 /100 ml

>Text following EP vote>

G I

Faecal streptococci 50 100

/100 ml

(Amendment 37)

ANNEX I, table 1, item 12, columns G and I

>TABLE>

(Amendment 38)

ANNEX I, table 1, item 12a (new)

>TABLE>

(4a) (a) Pesticides mean: - organic insecticides, organic herbicides, organic fungicides, organic nematocides, organic acaricides, organic algicides and related products (growth regulators and metabolites, which are pesticides)(b) Only those pesticides which might be present in particular bathing waters shall be monitored.

(Amendment 39)

ANNEX I, table 1, item 12b (new)

>TABLE>

(4b) Concentration to be checked by the competent authorities where an inspection in the bathing area shows that the substance may be present or that the quality of the water has deteriorated or that there is a tendency towards eutrophication of the water.

(Amendment 40)

ANNEX I, table 1, footnotes 1 and 2

>Original text>

(1) In case of abnormal peak value, Member 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.

>Text following EP vote>

Deleted

>Original text>

(2) This 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 strepococci, 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.

>Text following EP vote>

Deleted

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive concerning the quality of bathing water (COM(94)0036 - C4-0036/94 - 94/0006(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0036 - 94/0006(SYN) ((OJ C 112, 22.4.1994, p. 3.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0036/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Budgets and the Committee on Transport and Tourism (A4-0395/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.