Directive 1976/160 - Quality of bathing water - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1976/160
Original proposal	COM(1974)2255
CELEX number i	31976L0160

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Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water

Official Journal L 031 , 05/02/1976 P. 0001 - 0007

Greek special edition: Chapter 15 Volume 1 P. 0108

Spanish special edition: Chapter 15 Volume 1 P. 0133

Portuguese special edition Chapter 15 Volume 1 P. 0133

Finnish special edition: Chapter 15 Volume 2 P. 0003

Swedish special edition: Chapter 15 Volume 2 P. 0003

COUNCIL DIRECTIVE of 8 December 1975 concerning the quality of bathing water (76/160/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas, in order to protect the environment and public health, it is necessary to reduce the pollution of bathing water and to protect such water against further deterioration;

Whereas surveillance of bathing water is necessary in order to attain, within the framework of the operation of the common market, the Community's objectives as regards the improvement of living conditions, the harmonious development of economic activities throughout the Community and continuous and balanced expansion;

Whereas there exist in this area certain laws, regulations or administrative provisions in Member States which directly affect the functioning of the common market ; whereas, however, not all the powers needed to act in this way have been provided for in the Treaty;

Whereas the programme of action of the European Communities on the environment (3) provides that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet inter alia the definition of parameters for water, including bathing water;

Whereas, in order to attain these quality objectives, the Member States must lay down limit values corresponding to certain parameters ; whereas bathing water must be made to conform to these values within 10 years following the notification of this Directive;

Whereas it should be provided that bathing water will, under certain conditions, be deemed to conform to the relevant parametric values even if a certain percentage of samples taken during the bathing season does not comply with the limits specified in the Annex;

Whereas, to achieve a certain degree of flexibility in the application of this Directive, the Member States must have the power to provide for derogations ; whereas such derogations must not, however, (1)OJ No C 128, 9.6.1975, p. 13. (2)OJ No C 286, 15.12.1975, p. 5. (3)OJ No C 112, 20.12.1973, p. 3. disregard requirements essential for the protection of public health;

Whereas technical progress necessitates rapid adaptation of the technical requirements laid down in the Annex ; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be provided for whereby close cooperation would be established between the Member States and the Commission within a Committee on Adaptation to Technical Progress;

Whereas public interest in the environment and in the improvement of its quality is increasing ; whereas the public should therefore receive objective information on the quality of bathing water,

HAS ADOPTED THIS DIRECTIVE:

Article 1

• 1. 

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

• 2. 

  For the purposes of this Directive: (a) "bathing water" means all running or still fresh waters or parts thereof and sea water, in which: - bathing is explicitly authorized by the competent authorities of each member State, or

• - 

  bathing is not prohibited and is traditionally practised by a large number of...

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