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 (c. 7)

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Purpose and scope

1. This Directive lays down provisions for:

(a) the monitoring and classification of bathing water quality;

(b) the management of bathing water quality; and

(c) the provision of information to the public on bathing water quality.

2. The purpose of this Directive is to preserve, protect and improve the quality of the environment and to protect human health by complementing Directive 2000/60/EC.

3. This Directive shall apply to 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 (hereinafter bathing water). It shall not apply to:

(a) swimming pools and spa pools;

(b) confined waters subject to treatment or used for therapeutic purposes;

(c) artificially created confined waters separated from surface water and groundwater.

Article 2 U.K. Definitions

For the purposes of this Directive, the following definitions shall apply:

1.

the terms ‘surface water’, ‘groundwater’, ‘inland water’, ‘transitional waters’, ‘coastal water’ and ‘river basin’ have the same meaning as in Directive 2000/60/EC;

2.

‘competent authority’ means the authority or authorities that a Member State has designated to ensure compliance with the requirements of this Directive or any other authority or body to which that role has been delegated;

3.

‘permanent’ means, in relation to a bathing prohibition or advice against bathing, lasting for at least one whole bathing season;

4.

‘large number’ means, in relation to bathers, a number that the competent authority considers to be large having regard, in particular, to past trends or to any infrastructure or facilities provided, or other measures taken, to promote bathing;

5.

‘pollution’ means the presence of microbiological contamination or other organisms or waste affecting bathing water quality and presenting a risk to bathers' health as referred to in Articles 8 and 9 and Annex I, column A;

6.

‘bathing season’ means the period during which large numbers of bathers can be expected.

7.

‘management measures’ means the following measures undertaken with respect to bathing water:

(a)

establishing and maintaining a bathing water profile;

(b)

establishing a monitoring calendar;

(c)

monitoring bathing water;

(d)

assessing bathing water quality;

(e)

classifying bathing water;

(f)

identifying and assessing causes of pollution that might affect bathing waters and impair bathers' health;

(g)

giving information to the public;

(h)

taking action to prevent bathers' exposure to pollution;

(i)

taking action to reduce the risk of pollution;

8.

‘short-term pollution’ means microbiological contamination as referred to in Annex I, column A, that has clearly identifiable causes, is not normally expected to affect bathing water quality for more than approximately 72 hours after the bathing water quality is first affected and for which the competent authority has established procedures to predict and deal with as set out in Annex II;

9.

‘abnormal situation’ means an event or combination of events impacting on bathing water quality at the location concerned and not expected to occur on average more than once every four years;

10.

‘set of bathing water quality data’ means data obtained in accordance with Article 3;

11.

‘bathing water quality assessment’ means the process of evaluating bathing water quality, using the assessment method defined in Annex II;

12.

‘cyanobacterial proliferation’ means an accumulation of cyanobacteria in the form of a bloom, mat or scum;

13.

the term ‘public concerned’ has the same meaning as in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1).

(1)

OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).