EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate C Quality of Life, Water & Air ENV.C.2 - Marine Environment & Water Industry

Transcription

1 EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate C Quality of Life, Water & Air ENV.C.2 - Marine Environment & Water Industry MEETING OF THE EUROPEAN COMMISSION INFORMAL EXPERT GROUP ON THE IMPLEMENTATION OF DIRECTIVE 2006/7/EC (BATHING WATER DIRECTIVE) 16 TH DECEMBER 2015 ROOM C, DG ENV All Member States (MS) participated, except for Bulgaria, Croatia, Cyprus, Malta and Switzerland. Some stakeholders also participated as observers. The list of participants is annexed. The European Commission (COM) was represented by DG Environment (DG ENV) and the Joint Research Centre (JRC), which joined by video conference. The European Environment Agency (EEA), and the European Topic Centre on Inland, Coastal and Marine waters (ETC/ICM) also participated in the meeting. The Expert Group (EG) was chaired by DG ENV. All documents and presentations of the meeting are available in the CIRCABC folder INTRODUCTION The Chairperson welcomed the participants, introduced the representatives of the COM and observers and explained the aim of the meeting, before announcing the departure of Nicole Wanders-Wengler, who has been the contact person in DG ENV for the Bathing Water Directive, to another department. No formal permanent replacement has been arranged; Christof Mainz will be taking over the file, but not on a full-time appointment basis. 2. ADOPTION OF THE AGENDA The draft agenda was circulated in advance and uploaded onto the CIRCABC platform. No proposals for modification were suggested and the agenda was adopted unanimously (see annex 1). 3. ADOPTION OF THE MINUTES OF THE EXPERT MEETING OF 06/10/2014 All participants agreed to accept these without change Fourth Meeting of the BWD Expert Group 16_12_2015

2 4. ALTERNATIVE METHODS FOR THE ANALYSIS OF PARAMETERS Introduction The Chairperson introduced the item with three issues for consideration: ISO Report from the EMEG group, including website Way forward Regarding ISO , this method cannot currently be used, since the Bathing Water Directive (BWD) only permits the use of ISO and ISO for microbiological examination of E. coli. However, the BWD permits alternative methods to be used for the detection of bacteria, provided these are validated by a reference to an internationally accepted standard and submitted to the EU for formal approval. The role (and history) of the European Microbiology Expert Group (EMEG) in this regard was explained by Teresa Lettieri of the JRC. The COM explained the procedure to be followed for applications that MS wish to submit under Art. 3.9 of the BWD. Discussion For compliance assessment, the Directive only recognises culture based methods for the enumeration of E. coli. NL informed the EMEG that some laboratories had developed a system whereby molecular methods namely PCR were being used for microbial detection. However, this is problematic concerning authorisation, since the current ISO method is suitable for only culture-based methods; molecular methods therefore cannot demonstrate equivalence to existing methods, which is the requirement when submitting an alternative method for approval. However, an issue raised by MSs concerning the EMEG group was that Bathing Water experts have been previously excluded from meetings involving experts under the Drinking Water Directive (DWD). The COM explained that EMEG meetings focussed on drinking water issues so far. Participants indicated a desire to be involved in these meetings in future when bathing water aspects are discussed. SE suggested that different groups should be invited to meetings in order to bring specific expertise. So far, only the currently established group was involved in meetings for discussing issues related to both the DWD and BWD. IT raised the issue that at some meetings there was emphasis on technical aspects but without the required microbiological expertise. The COM explained that 14 MS had nominated in the course of 2015 experts for discussing microbiological issues relevant to the BWD and that these experts will be invited to a meeting shortly, in principle in spring The EMEG has a dedicated website participants proposed a page dedicated to alternative methods. 5. AMENDING COMMISSION DECISION 2009/64/EC: ISO 17994:2004 Introduction Commission Decision 2009/64/EC explicitly identifies the international standard, ISO 17994:2004 as the standard on equivalence of microbiological methods as of the 21 st January At present, only

3 ISO 17994:2004 may be used regarding the evaluation of alternative methods, thereby excluding more recent versions of this ISO standard. Discussion EMEG suggested the removal of the date from the ISO method. Positive feedback was received from FI. There were no further objections by MS for this change. For a change of Commission Decision 2009/64/EC, a positive vote by the Bathing Water Committee is required. To avoid an extra Committee meeting for such a small change, it was agreed to use the written procedure. The COM will start its internal procedure and will contact MS officially via for the written procedure. If the Committee gives a positive opinion, a 3-month scrutiny period of the European Parliament and of the Council would then follow. If no objection is received during this scrutiny period, the Commission could potentially adopt the new Decision in Autumn 2016 (tbc). 6. BWD REVIEW PROCESS (BY 2020), UPDATE AND WAY FORWARD The BWD provides that it must be reviewed by 2020 (Art 14). In this context, a collaboration is planned between the COM and WHO; however, this collaboration had not yet been set up due to administrative difficulties. These administrative difficulties have also occurred as regards the collaboration between COM and WHO for drinking water, but on this front, the BWD is less time-critical than the DWD. 7. UPDATE AND WAY FORWARD ON COMMISSION GUIDANCE DOCUMENT ASSISTING IN THE IMPLEMENTATION OF THE PROVISIONS ON MONITORING AND ASSESSMENT OF THE 2006 DIRECTIVE Introduction The COM explained that internal rules concerning guidance documents have changed and that it cannot publish a 'Guidance ' anymore as originally foreseen, as such document would be interpreting EU law, which is the competence of the European Court of Justice only. - "Reference " prepared by external contractor Several Member States expressed the concern regarding the legal status of the Reference produced under a contract between a consultant and the COM. The aim of the Reference was to develop a consensus approach and enable Member States to implement the monitoring and assessment provisions of the revised bathing water directive (2006/7/EC) consistently between Member States. Member States were concerned that the "Reference " could be used by the Court of Justice in its interpretation of the BWD in future case-law. AT in particular expressed concern regarding the incorrect definition of Bathing Water in the "Reference ". The COM explained that the draft "reference document" prepared by the contractor has no status as a legally-binding document as it was prepared by an external contractor and has not been endorsed by

4 the Commission. The COM therefore does not see any risk that this external 'Reference ' would be used by the Court of Justice. Some MS made reference to the guidance documents produced under the CIS for the WFD, but the COM explained that those documents have a different status and that that mechanism is not applicable to the BWD. However, the COM is ready to look into the possibility of including a disclaimer stating that "the Reference has been prepared by a contractor, is not an official COM publication and has no legal standing". - Way forward regarding Guidance Member States insisted on the need for guidance concerning the Bathing Water Directive, and more specifically on the need to answer a set of "core questions" relevant to the implementation of the BWD. Given that the "Reference " prepared by the external contractor will most likely not be corrected and adopted as "Commission Guidance ", Member States emphasised the importance of finding another appropriate way to receive guidance. Several options were mentioned, including the use of a 'Q&A' session during the EG meetings. The COM explained that the instructions received also did not allow to create e.g. a FAQ section on the Europa BW website. The COM will consult internally on possible options for answering Member States' concerns and questions. - Questions received on the BWD in 2015 Given the current situation concerning Guidance s, the COM presented a summary of the questions received by the COM in the past year and the responses given based on the provisions of the BWD. The questions and replies were detailed in the COM presentation. PT raised the issue with dry seasons; it is possible for this country to experience 2-3 consecutive dry seasons. PT have agreed to communicate delayed sampling due to dry seasons accordingly. This prompted a discussion of the definition of a bathing water, with some MS declaring the opinion that if a body of water dries out on a regular basis then is it reasonable to consider it as a bathing water. Additionally, it was acknowledged that the BWD does not address the issues regarding dry seasons and missed samples; at present, it is regarded as problematic if the occurrence exceeds a frequency of 1 in 4 years. Therefore, a better defined set of circumstances that constitute an abnormal situation is necessary. With regards to the pre-season sample, it was agreed that a sampling date 4 days prior to the start of the bathing system is in agreement with the previously supplied timeframe. Following on from this, a sample cannot be taken more than 4 days after the calendar/premeditated date.

5 8. IMPLEMENTATION AND REPORTING OF THE BWD 8.1 MONITORING AND ASSESSMENT, INCLUDING SHORT REPORT ON 2014 BATHING SEASON REPORTING The EEA presented an overview of the monitoring and assessment results of the 2014 bathing season highlighting the status of the reporting process, the key outcomes and the following 4 issues: Interpretation of not enough samples or closed bathing waters; Groups; Calculation of percentile values as a basis for quality assessment and classification (Annex I, Annex II); and, Discrepancy in national and European classification. Regarding the latter issue, there were some significant inconsistencies regarding equivalence/comparison of the scores provided by the MS (i.e. national level reporting) and the EEA. Whilst SE was awarded excellent by EEA, they reported it as poor at national level. However, upon communication with EEA, SE realised that if they altered their approach, they got the same score as EEA. This resulted in a proposal for consistent classification. Furthermore, it was reinforced that when reporting, figures are not to be rounded, as this results in a loss of sensitivity of the monitoring programme outcomes. 8.2 SUGGESTIONS FOR CHANGES IN REPORTING AND CLASSIFICATION The EEA presented an overview of suggestions for changes in reporting and classification. The matter of samples was raised, with too few being taken consistently. The Directive imposes a requirement of a minimum sample number for compliance assessment, depending on the type of bathing water. Flagged issues from the perspective of the EEA include: no common practice; different season start/end dates; different sampling procedures; compilation of sample sets is unclear; grouping may include distanced BW. It was ascertained that ISO 9308 requires verification : CELEBRATING 40 YEARS OF THE BATHING WATERS DIRECTIVE At present, COM activities for the 40 th anniversary of the BWD are not yet clear. COM asked any MS planning on holding an event in recognition of this to advise them of this. 10. WORK PROGRAMME The Chairperson outlined the following tasks for the EG: Item 4 ISO , send reports demonstrating equivalence; Item 5 ISO 17994, start written procedure; and Item 9, send input regarding the anniversary BWD.

6 11. AOB COM presented the issues covered by an ongoing COM-funded study on an assessment of the situation regarding storm water overflows. Following this, the Chairperson thanked all participants and closed the meeting.

7 Annex 1 - Agenda of the meeting

8 Annex 2 LIST of DOCUMENTS Agenda item Reference Title From Draft agenda COM 4 Presentation Presentation 04 - Alternative methods for the analysis of parameters 04 - The European Microbiology Sub-Expert Group ("EMEG" Group) 04 Estonia Report 1 04 Estonia Report 2 04 Letter to MS on EMEG Group Meeting June (17 th July 2015) 04 Report Finland COM JRC 5 Presentation 05 - Amending Commission Decision 2009/64/EC COM 7 Presentation 07 - Commission Guidance document assisting in the implementation of the provisions on monitoring and assessment of the 2006 Directive 8 Presentation Presentation Presentation Monitoring and Assessment Report on 2014 bathing season State of European Bathing WatersA European policy perspective Suggestions for changing in reporting and changes in classification 08 BWD 2014 Assessment Draft Report 08 BWD Revision of Assessment ETC/ICM EAA ETC/ICM 9 Presentation : Celebrating 40 years of the Bathing Water COM Directive 10 Presentation Work Programme COM 11 Presentation Storm water overflows study COM

9 Annex 3 LIST of PARTICIPANT ORGANISATIONS Country Code Organisation / Ministry AUSTRIA AT Federal Ministry of Health AUSTRIA AT Austrian Agency for Health and Food Safety BELGIUM BE Flemish Environment Agency BELGIUM BE Service Public of Wallonia CZECH REPUBLIC CZ National Institute of Public Health DENMARK DK Ministry of Environment ESTONIA EE Ministry of Environment ESTONIA EE Environmental Health Department FINLAND FI National Institute for Health and Welfare FRANCE FR Ministry of Social Affairs and Health GERMANY DE Ministry of Social Affairs, Health, Family and Equality of Land Schleswig- Holstein GREECE EL Ministry of Environment, Energy and Climate Change HUNGARY HU National Institute for Environmental Health IRELAND IE Department of the Environment, Community and Local Government IRELAND IE Environmental Protection Agency ITALY IT National Institute of Health (ISS) LATVIA LV Ministry of Health LITHUANIA LT Centre for Health Education and Diseases Prevention LUXEMBOURG LU Administration de la Gestion de l'eau NETHERLANDS NL Ministry of Infrastructure and Environment POLAND PL Chief Sanitary Inspectorate PORTUGAL PT Portuguese Environment Agency ROMANIA RO National Institute of Public Health ROMANIA RO Department for water, forest and fishery SLOVAK REPUBLIC SK Public Health Authority SLOVENIA SI Environmental Agency SPAIN ES Ministry of Health, Social Services and Equality SWEDEN SE Swedish Agency for Marine and Water Management

10 Country Code Organisation / Ministry UNITED KINGDOM OBSERVER OBSERVER OBSERVER OBSERVER OTHERS UK Department for Environment, Food and Rural Affairs (DEFRA) Surfrider Foundation Europe EUREAU, European Federation on National Associations of Water Services Seas at Risk Blue Flag International EVREN, Evaluación de Recursos Naturales S.A. JRC Joint Research Centre EEA European Environment Agency ETC/ICM European Topic Centre on Inland, Coastal and Marine waters COM European Commission, DG ENV