MANAGEMENT OF BATHING WATER QUALITY REGULATIONS

SUBSIDIARY LEGISLATION 465.09

MANAGEMENT OF BATHING WATER QUALITY

REGULATIONS

1st March, 2009 *

LEGAL NOTICE 125 of 2008, as amended by Legal Notice 237 of 2011.

(1) The title of these regulations is the Management of

Bathing Water Quality Regulations.

(2) The purpose of these regulations is to preserve, protect and

improve the quality of the environment and to protect human health

by implementing Directive 2000/60/EC of the European Parliament

and of the Council and to transpose the provisions of Directive

2006/7/EC of the European Parliament and of the Council.

For inland waters

A

B

C

D

E

Reference

Excellent

Good

Parameter

Sufficient

methods of

quality

quality

analysis

Intestinal enterococci

200 (*)

400 (*)

330 (**) ISO 7899-1 or

(cfu/100 ml)

ISO 7899-2

Escherichia coli

500 (*)

1,000 (*)

900 (**) ISO 9308-3 or

(cfu/100 ml)

ISO 9308-1

Based upon a 95-percentile evaluation. See Schedule II.

Based upon a 90-percentile evaluation. See Schedule II.

For coastal waters and transitional waterss

A

B

C

D

E

Reference

Excellent

Good

Parameter

Sufficient

methods of

quality

quality

analysis

Intestinal enterococci

100 (*)

200 (*)

185 (**) ISO 7899-1 or

(cfu/100 ml)

ISO 7899-2

Escherichia coli

250 (*)

500 (*)

500 (**) ISO 9308-3 or

(cfu/100 ml)

ISO 9308-1

Based upon a 95-percentile evaluation. See Schedule II.

Based upon a 90-percentile evaluation. See Schedule II.

(1)

These regulations lay 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) These regulations shall apply to any element of surface

water where the Superintendent expects a large number of people to

bathe and where he has not imposed a permanent bathing

prohibition, or issued permanent advice against bathing.

(3)

These regulations 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 water separated from

surface water and groundwater.

Bathing water assessment and classification

1. Poor quality

Bathing waters are to be classified as ‘poor’ if, in the set of bathing water quality

data for the last assessment period ( a ), the percentile values ( b ) for microbiological

enumerations are worse ( c ) than the ‘sufficient’ values set out in Schedule I, column

2. Sufficient quality

Bathing waters are to be classified as ‘sufficient’

1. if, in the set of bathing water quality data for the last assessment period,

the percentile values for microbiological enumerations are equal to or

better ( d ) than the ‘sufficient’ values set out in Schedule I, column D;

and

2. if the bathing water is subject to short-term pollution, on condition that

(i)

adequate management measures are to being taken, including

surveillance, early warning systems and monitoring, with a view

to preventing bathers’ exposure by means of a warning or, where

necessary, a bathing prohibition;

(ii) adequate management measures are being taken to prevent,

reduce or eliminate the causes of pollution; and

(iii) the number of samples disregarded in accordance with regulation

4(6) because of short-term pollution during the last period

represented no more than 15% of the total number of samples

provided for in the monitoring calendars established for that

period, or no more than one sample per bathing season, whichever

is the greater.

3. Good quality

Bathing waters are to be classified as ‘good’

1. if, in the set of bathing water quality data for the last assessment period,

the percentile values for microbiological enumerations are equal to or

better ( d ) than the ‘good quality’ values set in Schedule I, column C;

2. if the bathing water is subject to short-term pollution, on condition that

(i)

adequate management measures are being taken, including

surveillance, early warning systems and monitoring, with a view

to preventing bathers’ exposure, by means of a warning or, where

necessary, a bathing prohibition;

(ii) adequate management measures are being taken to prevent,

reduce or eliminate the causes of pollution; and

(iii) the number of samples disregarded in accordance with regulation

4(6) because of short-term pollution during the last period

represented no more than 15% of the total number of samples

provided for in the monitoring calendars established for that

period, or no more than one sample per bathing season, whichever

is the greater.

4. Excellent quality

Bathing waters are to be classified as ‘excellent’

1. if, in the set of bathing water quality data for the last assessment period,

the percentile values for microbiological enumerations are equal to or

better than the ‘excellent quality’ values set out in Schedule I, column

B: and

2. if the bathing water is subject to short-term pollution, on condition that

(i)

adequate management measures are being taken, including

surveillance, early warning systems and monitoring, with a view

to preventing bathers’ exposure, by means of a warning or, where

necessary, a bathing prohibition;

(ii) adequate management measures are being taken to prevent,

reduce or eliminate the causes of pollution; and

(iii) the number of samples disregarded in accordance with regulation

4(6) because of short-term pollution during the last period

represented no more than 15% of the total number of samples

provided for in the monitoring calendars established for that

period, or no more than one sample per bathing season, whichever

is the greater.

MANAGEMENT OF BATHING WATER QUALITY

‘Last assessment period’ means the last four bathing seasons or, when applicable, the

period specified in regulation 5(2) or (4).

Based upon percentile evaluation of the log 10 normal probability density function of

microbiological data acquired from the particular bathing water, the percentile value is

derived as follows

(i) Take the log10 value of all bacterial enumerations in the data sequence to be

evaluated. (if a zero value is obtained, take the log 10 value of the minimum

detection limit of the analytical method used instead.)

(ii) Calculate the arithmetic mean of the log 10 value (µ).

(iii) Calculate the standard deviation of the log 10 values (σ).

The upper 90-percentile point of the data probability density function is derived from

the following equation

upper 90-percentile = antilog (µ + 1,282σ).

The upper 95-percentile point of the data probability density function is derived from the

following equation

upper 95-percentile = antilog (µ + 1,65σ).

‘Worse’ means with higher concentration values expressed in cfu/100 ml.

‘Better’ means with lower concentration values expressed in cfu/100 ml.

(1)

In these regulations, unless the context otherwise

requires

"abnormal situation" means an event or combination of events

impacting on bathing water at the location concerned and not

expected to occur on average more than once every four years;

"authorised officer" includes environmental health officer, or any

person engaged by, detailed for duty with, or in any manner

whatsoever performing duties for or on behalf of the

Superintendent;

"bathing season" means the period during which a large number

of bathers can be expected;

*see regulation 1(2) of these Regulations, as originally promulgated, and Legal Notice

112 of 2009.

"bathing water" means surface water where the Superintendent

expects a large number of people to bathe and where he has not

imposed a permanent bathing prohibition, or issued permanent

advice against bathing;

"bathing water quality assessment" means the process of

evaluating bathing water quality, using the assessment method

defined in Schedule II;

"cyan obacterial proliferation" means an accum ulation of

cyanobacteria in the form of a bloom, mat or scum;

"the Directive" means 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;

"large number" means, in relation to bathers, a number that the

Superintendent 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;

"management measures" means any of the following

(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;

"permanent" means, in relation to bathing prohibition or advice

against bathing, lasting for at least one whole bathing season;

"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 regulations 13

and 14 and Schedule I, column A;

"public concerned" has the same meaning as in Council Directive

85/337/EEC of the 27th June 1985 on the assessment of the effects

of certain public and private projects on the environment;

"set of bathing water quality data" means data obtained in

accordance with regulation 4;

"short-term pollution" means microbiological contamination as

referred to in Schedule I, column A, that has clearly identified

causes, is not normally expected to affect bathing water quality for

more than approximately seventy-two hours after the bathing water

quality is first affected and for which the Superintendent has

established procedures to predict and deal with as set out in

regulations 7 and 8 and in Schedule II;

"the Superintendent" means the Superintendent of Public Health;

"surface water", "groundwater", "inland water", "transitional

waters", "coastal water" and "river basin" have the same meaning

as in Directive 2000/60/EC.

(2) For the purposes of these regulations, any reference to

Directives of the European Parliament and of the Council, shall be

read and construed as if reference is made to the provisions of the

regulations transposing the provisions of such directive into

Maltese law.

Amended by

L.N. 237 of 2011.

The bathing water profile

1. The bathing water profile referred to in regulation 11 is to consist of

a description of the physical, geographical and hydrological

characteristics of the bathing water, and of other surface waters in the

catchment area of the bathing water concerned, that could be a source of

pollution, which are relevant to the purpose of these regulations and as

provided for in Directive 2000/60/EC;

an identification and assessment of causes of pollution that might affect

bathing waters and impair bathers’ health;

an assessment of the potential for proliferation of cyanobacteria;

an assessment of the potential for proliferation of macro-algae and/or

phytoplankton;

if the assessment under point (b) shows that there is a risk of short-term

pollution, the following information

-

the anticipated nature, frequency and duration of expected short-

term pollution,

-

details of any remaining causes of pollution, including

management measures taken and the time schedule for their

elimination,

-

management measures taken during short-term pollution and the

identity and contact details of bodies responsible for taking such

action,

the location of the monitoring point.

MANAGEMENT OF BATHING WATER QUALITY

2. In the case of bathing waters classified as ‘good’, ‘sufficient’ or ‘poor’, the

bathing water profile is to be reviewed regularly to assess whether any of the aspects

listed in paragraph 1 have changed. If necessary, it is to be updated. The frequency

and scope of reviews is to be determined on the basis of the nature and severity of

the pollution. However, they are to comply with at least the provisions and to take

place at least at the frequency specified in the following table.

Bathing water classification

‘Good’

‘Sufficient’

‘Poor’

Review are to take place at least

every

four years

three years

two years

Aspects to be reviewed (points of

paragraph 1)

(a) to (f)

(a) to (f)

(a) to (f)

In the case of bathing waters previously classified as ‘excellent’, the bathing water

profiles need to be reviewed and, if necessary, updated only if the classification

changes to ‘good’, ‘sufficient’ or ‘poor ’. The review is to cover all aspects

mentioned in paragraph 1.

3. In the event of significant construction works or significant changes in the

infrastructure in or in the vicinity of the bathing water, the bathing water profile is to

be updated before the start of the next bathing season.

4. The information referred to in paragraph 1(a) and (b) is to be provided on a

detailed map whenever practicable.

5. Other relevant information may

be

attached

or

included

if

the

Superintendent considers it appropriate.

(1) The Superintendent shall before the start of the first

bathing season after 24th March 2008 annually identify all bathing

waters and define the length of the bathing season.

(2) The Superintendent shall ensure that monitoring of the

parameters set out in Schedule I, column A are in accordance with

Schedule IV.

(3) The monitoring points shall be the location within the

bathing water where -

(a) most bathers are expected; or

(b) the greatest risk of pollution is expected, according to

the bathing water profiles.

(4) A monitoring calendar for each bathing water shall be

established before the start of each bathing season and for the first

time before the start of the third full bathing season after entry into

force of these regulations. Monitoring shall take place no later than

four days after the date specified in the monitoring calendar.

(5)

(a) The Superintendent may introduce monitoring of the

parameters set out in Schedule I, column A during the

first full bathing season following the entry into force

of these regulations.

(b) Such monitoring shall take place at least with the

frequency specified in Schedule IV and the results may

be used to build up the sets of bathing water quality

data referred to in regulation 5.

(c) When monitoring in virtue of these regulations

commences, monitoring of parameters set out in the

Schedule to the Quality of Bathing Water Regulations,

2003 * shall cease.

(6) Samples taken during short-term pollution may be

disregarded and shall be replaced by samples taken in accordance

with Schedule IV.

(7) During abnormal situations, the monitoring calendar

referred to above may be suspended and shall be resumed as soon

as possible after the end of such situations when new samples shall

be taken.

(8)

The Superintendent shall report any suspension of the

*revoked by Legal Notice 40 of 2011.

monitoring calendar to the Commission, giving the reasons for the

suspension and shall provide such reports on the occasion of the

next annual report at the latest.

(9)

(a) The Superintendent shall ensure that the analysis of

bathing water quality takes place in accordance with

the reference methods specified in Schedule I and the

rules set out in Schedule V.

(b) The Superintendent may however permit the use of

other methods or rules if they can demonstrate that the

results obtained are equivalent to those obtained using

the methods specified in the said Schedules I and V.

(c) If the alternative methods or rules referred to in

paragraph (b) are used, then the Superintendent shall

provide the Commission with all relevant information

about the methods or rules used and their equivalence.

Bathing water monitoring

1. One sample is to be taken shortly before the start of each bathing season.

Taking account of this extra sample and subject to paragraph 2, no fewer than four

samples are to be taken and analysed per bathing season.

2. However, only three samples need to be taken and analysed per bathing

season in the case of a bathing water that

a.

either has a bathing season not exceeding eight weeks;

b.

or is situated in a region subject to special geographical constraints.

3. Sampling dates are to be distributed throughout the bathing season, with the

interval between sampling dates never exceeding one month.

4. In the event of short-term pollution, one additional sample is to be taken to

confirm that the incident has ended. This sample is not to be part of the set of

bathing water quality data. If necessary to replace a disregarded sample, an

additional sample is to be taken seven days after the end of the shprt-term pollution.

MANAGEMENT OF BATHING WATER QUALITY

(1) The Superintendent shall ensure that sets of bathing

water quality data are complied with through the monitoring of the

parameters set out in Schedule I, column A.

(2)

Bathing water quality assessment shall be carried out

(a) in relation to each bathing water;

(b) after the end of each bathing season;

(c) on the basis of the set of bathing water quality data

compiled in relation to that bathing season and the

three preceding bathing seasons; and

(d) in accordance with the procedure set out in Schedule

II.

(3) However, the Superintendent may decide to carry out

bathing water quality assessments on the basis of the set of bathing

water quality data complied in relation to the preceding three

bathing seasons only. If the Superintendent so decides, he shall

notify the Commission beforehand. The Superintendent shall also

notify the Commission if he subsequently decides to revert to

carrying out assessments on the basis of four bathing seasons. The

Superintendent may not change the applicable assessment period

more than once every five years.

(4) Sets of bathing water data used to carry out bathing water

quality assessments shall always comprise at least 16 samples or,

12 samples in the special circumstances referred to in paragraph 2

of Schedule IV.

(5) However, either the requirement of the preceding sub-

regulation shall be satisfied, or in the case of bathing waters with a

bathing season not exceeding eight weeks, the set of bathing water

data used to carry out the assessment shall comprise at least eight

samples. A bathing water quality assessment may be carried out on

the basis of a set of bathing water quality data relating to fewer

than four bathing seasons if

(a) the bathing water is newly identified;

(b) any changes have occurred that are likely to affect the

classification of the bathing water in accordance with

regulation 6, in which case the assessment shall be

carried out on the basis of a set of bathing water

quality data consisting solely of the results for samples

collected since the changes occurred; or

(c) the bathing water had already been assessed in

accordance with Directive 76/160/EEC, in which case

equivalent data gathered under that Directive shall be

used and, for this purpose, parameters 2 and 3 of the

Annex to Directive 76/160/EEC shall be deemed to be

equivalent to parameters 2 and 1 of column A of

Schedule I.

(6) The Superintendent may subdivide or group together

existing bathing waters in the light of bathing water quality

assessments only if these waters

(a) are contiguous;

(b) received similar assessments for the preceding four

years in accordance with sub-regulations (2), (3) and

(5)(c); and

(c) have bathing water profiles all of which identify

common risk factors or the absence thereof.

Rules on the handling of samples for microbiological analyses

1. Sampling point

Where possible, samples are to be taken 30 centimetres below the water’s surface

and in water that is at least one metre deep.

2. Sterilisation of sample bottles

Sample bottles are

-

to undergo sterilisation in an autoclave for at least 15 minutes at 121ºC,

or

-

to undergo dry sterilisation at between 160ºC and 170ºC for at least one

hour, or

-

to be irradiated in sample containers obtained directly from

manufacturer.

3. Sampling

The volume of the sampling bottle/container is to depend on the quantity of water

needed for each parameter to be tested. The minimum content is generally 250ml.

Sample containers are to be of transparent and non-coloured material (glass,

polythene or polypropylene).

In order to prevent accidental contamination of the sample, the sampler is to

employ an aseptic technique to maintain the sterility of the sample bottles. There is

no further need for sterile equipment (such as sterile surgical gloves or tongs or

sample pole) if this is done properly.

4. Storage and transport of samples before analysis

Water samples are to be protected at all stages of transport from exposure to light,

in particular direct sunlight.

The sample is to be conserved at a temperature of around 4ºC, in a cool box or

refrigerator (depending on climate) until arrival at the laboratory. If the transport to

the laboratory is likely to take more than four hours, then transport in a refrigerator

is required.

The time between sampling and analysis is to be kept as short as possible. It is

recommended that samples be analysed on the same working day. If this is not

possible for practical reasons, then the samples shall be processed within no more

than 24 hours. In the meantime, they shall be stored in the dark and at a temperature

of 4ºC ± 3ºC.

(1) The Superintendent shall classify bathing water, in

accordance with the criteria set out in Schedule II of the Directive,

(a) ‘poor’;

(b) ‘sufficient’;

(c) ‘good’; or

(d) ‘excellent’.

(2) The first classification in virtue of these regulations shall

be completed by the end of the 2015 bathing season.

(3) The Superintendent shall ensure that, by the end of 2015

bathing season, all bathing waters are at least ‘sufficient’ and shall

adopt those measures deemed appropriate to increase the quantity

of bathing waters classified as ‘excellent’ or ‘good’.

(4)

(a) In those cases where bathing waters are temporarily

classified as ‘poor’, the Superintendent shall ensure

that the following conditions taken with effect from the

bathing season that follows its classification are

satisfied

(i)

adequate management measures, including a

bathing prohibition or advice against bathing,

with a view to preventing bathers’ exposure to

pollution;

(ii) identification of the causes and reasons for the

failure to achieve ‘sufficient’ quality status;

(iii) adequate measures to prevent, reduce or

eliminate the causes of pollution; and

MANAGEMENT OF BATHING WATER QUALITY

(iv)

alerting the public by a clear and simple warning

sign and informing them of the causes of the

pollution and measures taken, on the basis of the

bathing water profile.

(b) If a bathing water is classified as ‘poor’ for five

consecutive years, a permanent bathing prohibition or

permanent advice against bathing shall be introduced.

(c) However, the Superintendent may introduce a

permanent bathing prohibition or permanent advice

against bathing before the end of five-year period if he

considers that the achievement of ‘sufficient’ quality

would not be feasible or would be disproportionately

expensive.

The Superintendent shall temporarily close a particular

bathing area or part thereof when

(a) inspections by an authorised officer reveals that there

is a discharge or probable discharge of substances

likely to deteriorate the quality of the bathing water

Provided that the Superintendent shall after the

discharge is eliminated, collect samples for analysis of

any parameter he deems fit;

(b) additional sampling results reveal that there is

deterioration in the water quality;

(c) samples analysed for Intestinal enterococci counts

result in more than 500 cfu/100 ml and the result is

confirmed by repeat sample;

(d) samples analysed for Escherichia coli counts result in

more than 1000 cfu/100 ml and is confirmed by repeat

sample.

The Superintendent shall withdraw the temporarily closure

of a particular bathing area or part thereof when

(a) at least three consecutive sample results collected

daily indicate that Intestinal enterococci counts are

less than 500 cfu/100 ml, and, or the Escherichia coli

counts are less than 1000 cfu/100 ml;

(b) when the Superintendent determines that the water

quality is within the acceptable level

Provided that the Superintendent shall inform the public of

any such withdrawal.

(1) The Superintendent shall put up and maintain warning

notices at those bathing areas temporarily closed and shall

additionally inform the public of any such areas by any means

whatsoever

Provided that in the case of a private beach lying in the

vicinity of an area temporarily closed by the Superintendent, it

shall be the responsibility of the person in charge of such beach to

affix warning notices and inform his patrons that bathing is not

recommended.

(2) For the purpose of this regulation, "private beach" shall

include any beach concession.

No person shall remove, alter, temper or otherwise damage

in any way, any warning notice put up by the Superintendent.

11.(1)(a) The Superintendent shall ensure that bathing water

profiles are established in accordance with Schedule

III.

(b) Each bathing water profile may cover a single bathing

water or more than one contiguous bathing waters.

(c) Bathing water profiles shall be established for the first

time by 24th March 2011.

(2) Bathing water profiles shall be reviewed and updated as

provided for in Schedule III.

(3) When establishing, reviewing and updating bathing water

profiles, adequate use shall be made of data obtained from

monitoring and assessments carried out pursuant to Directive 2000/

60/EC that are relevant to these regulations.

The Superintendent shall ensure that timely and adequate

management measures are taken when unexpected situations that

have, or could reasonably be expected to have, an adverse impact

on bathing water quality and on bathers’ health, occur. Such

measures shall include information to the public and, if necessary, a

temporary bathing prohibition as referred to in the previous

regulations.

(1) When the bathing water profile indicates a potential

for cyanobacterial proliferation, appropriate monitoring shall be

carried out to enable timely identification of health risks.

(2) When cyanobacterial proliferation occurs and health risk

has been identified or presumed, adequate management measures

including information to the public shall be taken immediately to

prevent exposure.

(1) When the bathing water profile indicates a tendency

for proliferation of macro-algae and, or marine phytoplankton,

investigations shall be undertaken to determine the presence of any

health risks and adequate management measures shall be

implemented, including information to the public.

(2) Bathing waters shall be inspected visually for pollution and

when such pollution is found, adequate management measures shall

be taken, including, if necessary, information to the public.

(1) The

Superintendent

shall

encourage

public

participation in the implementation of these regulations and shall

ensure that the public concerned is provided with opportunities -

(a) to find out how to participate, and

(b) to formulate suggestions, remarks or complaints.

MANAGEMENT OF BATHING WATER QUALITY

(2) The provisions of sub-regulation (1) shall relate, in

particular, to the establishment, review and updating of the list of

bathing waters in accordance with regulation 4(1). The

Superintendent shall take due account of any information he

obtains.

(1) The following shall be actively disseminated and

promptly made available during the bathing season in an easily

accessible place in the near vicinity of each bathing water

(a) the current bathing water classification and any

bathing prohibition or advice against bathing referred

to in this regulation by means of a clear and simple

sign or symbol;

(b) a general description of the bathing water, in non-

technical language, based on the bathing water profile

established in accordance with Schedule III;

(c) in the case of bathing waters subject to short-term

pollution

(i)

notification that the bathing water is subject to

short-term pollution;

(ii) an indication of the number of days on which

bathing is prohibited or advised against during

the preceding bathing season because of such

pollution; and

(iii) a warning whenever such pollution is predicted

or present;

(d) information on the nature and expected duration of

abnormal situations during such events;

(e) whenever bathing is prohibited or advised against, a

notice advising the public and giving reasons;

(f)

whenever a permanent bathing prohibition or

permanent advice against bathing is introduced, the

fact that the area concerned is no longer a bathing

water and reasons for its declassification; and

(g) an indication of sources of more complete information

in accordance with the following sub-regulation.

(2) The Superintendent shall use appropriate media and

information technologies, including the internet, to disseminate

actively and promptly the information concerning bathing waters

referred to in sub-regulation (1) and also the following information

in several languages, when appropriate

(a) a list of bathing waters available yearly before the start

of the bathing season;

(b) the classification of each bathing water over the last

three years and its bathing water profile, including the

results of monitoring carried out in accordance with

these regulations since the last classification;

(c) in the case of bathing waters classified as being ‘poor’,

information on the causes of pollution and measures

taken with a view to preventing bathers’ exposure to

pollution and to tackle its causes as referred to in

regulation 6(4); and

(d)

(i)

in the case of bathing waters subject to short-

term pollution, general information on the

conditions likely to lead to short-term pollution,

the likelihood of such pollution and its likely

duration and the causes of the pollution and

measures taken with a view to preventing

bathers’ exposure to pollution and to tackle its

causes.

(ii) The list referred to in paragraph (a) shall be

available each year before the start of the

bathing season. The results of the monitoring

referred to in paragraph (b) shall be made

available on the internet upon completion of the

analysis.

(3) The information referred to in sub-regulations (1) and (2)

shall be disseminated as soon as it is available and with effect from

the start of the bathing season after 24th March 2008.

(1) The Superintendent shall appoint a Committee, to be

known as the Bathing Water Quality Management Committee,

which shall be made up of stakeholders so identified by the

Superintendent to form part of this Committee.

(2) This Committee shall be chaired by the Superintendent or

his appointed representative.

(3) The main functions of this Committee shall be to foresee

the requirements of the directive for the implementation of bathing

water quality management as required by the Directive.

(1) No person shall collect, transport or otherwise make

use of seawater for any type of recreational facilities, when such

water derives from any site in respect of which bathing is not

recommended by the Superintendent.

(2) When any person, company or entity due to its actions is

found to be discharging any foul water, sewage or any other

material and, or any substance within a bathing area which may

have an impact on the bathing water quality, that person, company

or entity shall be guilty of an offence under these regulations and

the court, besides awarding punishment, shall order the accused to

pay the due fees for any costs suffered by the Superintendent and to

order any person, company or entity to rectify any damage caused

at its own expense.

(3)

(a) In those cases where any person, company or entity

fails to carryout the works ordered by court and the

Superintendent deems a serious risk to bathers, then

the Superintendent may order that the said works be

carried out at the expense of such person, company or

entity.

(b) The aforementioned expenses shall be deemed a civil

debt.

(1) No animals may be taken into the sea at any time

within those areas indicated by the Superintendent as being bathing

areas under the provisions of these regulations.

(2) Domestic pets such as dogs are not to be taken on sandy

beaches at any time, however these may be taken on rocky beaches

and the owner of such pets should not cause any nuisance to other

bathers and to clean any fouling made by their pets.

MANAGEMENT OF BATHING WATER QUALITY