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2. Background

Before introducing our proposals for implementing the revised Directive we consider it useful to explain what lies behind the aim of the Directive, and therefore the Regulations.

2.1 What is a bathing water?

2.1.1 Bathing waters referred to in this consultation paper are the areas of water identified by Scottish Ministers as being used by large numbers of people. In Scotland, a large number of people has been agreed as being more than 150 during a single day. There are currently 61 bathing waters in Scotland; 59 of these are in coastal locations, the remaining two situated at Loch Ness and Loch Lomond. ³ For coastal waters we have normally defined these as the area of foreshore plus a 100m seaward buffer. For inland lochs, we have classified these as an area extending 100m from the water's edge.

2.2 Why do they need to be protected?

2.2.1 Whether paddling or swimming, bathing water users - particularly children and the elderly - can potentially be at risk of becoming ill if the water quality is not of sufficiently good quality.

2.2.2 Bathing in waters contaminated by faecal pollution can lead to enteric illness, such as gastroenteritis. A report from the World Health Organisation also showed that that there could also be a risk to bathers of the more severe acute febrile respiratory illness ( AFRI), a respiratory infection accompanied by fever. ⁴

2.2.3 Cyanobacteria (blue-green algae) and other algae can also pose health problems to bathers, particularly when these form toxic blooms or mats along the shoreline. Marine cyanobacteria can cause dermatitis, an itching or burning experience on the skin. More seriously, it has also been found to cause death to animals, and while there has been no evidence of human fatalities so far, WHO have stated that small children in particular may be at serious risk from accidental ingestion of the toxic algae. ⁵ There is also a potential threat to bathers from inhalation of fragments of marine algae or phytoplankton in sea spray, leading to severe breathing irritation. Freshwater cyanobacteria can also cause dermatological reactions, but again, more seriously, their ingestion or aspiration can cause severe illness, including abdominal pain, nausea, vomiting, fatigue, blistering of the mouth and skin and eye irritations. Surveys in different parts of the world have found that between about 45% and 90% of blooms of cyanobacteria produce toxins that could be harmful to human health. ⁶

2.2.4 Waste, including litter, which collects in bathing waters is also a problem, whether washed up from the sea, from rivers or discarded by beach goers themselves. As well as being unsightly, waste can also pose risks to health and safety, for example cuts from broken glass bottles to skin irritations from toxic waste containers.

2.2.5 Only bathing waters designated by Ministers will be legally afforded this protection.

2.3 What causes pollution?

2.3.1 Faecal pollution of bathing waters can be naturally occurring, for example from large concentrations of seabirds, but in the majority of cases in Scotland poor standards are due to contamination from anthropogenic sources.

2.3.2 This used to be mainly due to direct sewage discharges to bathing waters, but after significant investment in sewerage infrastructure by Scottish Water the risks here have been greatly reduced, although not altogether removed. Some problems still remain after periods of heavy rain, when wastewater treatment systems in urban areas cannot cope with the excess rainwater entering the sewerage system and instead discharge this diluted mix of sewage to the water environment.

2.3.3 As the problems from direct sewage discharges have largely been tackled, the impact of diffuse pollution on bathing waters has become more noticeable. Such pollution, from many different sources, can be both urban - for example, birds roosting on bridges - and rural - livestock slurry - in nature. It is however, diffuse rural pollution that is potentially the greatest remaining risk to bathers. Animal waste can be washed off fields into burns leading to pollution at the bathing waters further downstream the catchments. Where a number of watercourses feed into the same bathing water, this can be a considerable problem.

2.3.4 The impact that heavy rain has on our bathing waters failing was very noticeable this past summer. A significant number of poor results were recorded in 2007 compared to last year's excellent record of 100% compliance. While more frequent heavy rain and flash flooding is forecast in future as a result of climate change, it is important to minimise the sources of potential pollution, to avoid the rain causing such problems in future.

2.3.5 Cyanobacterial and other algae growths can be naturally occurring, but where there is excess nutrient input into the water, specifically from human sources - sewage outfalls or fertilisers washed off agricultural land - the growth can be exacerbated.

2.3.6 Other waste can come from land, for example washed down rivers, from beach visitors, or from vessels at sea.

2.4 Current and revised Bathing Water Directive

Current Bathing Water Directive

2.4.1 There has been a Bathing Water Directive in place since 1976. Directive 76/160/ EEC⁷ concerning the quality of bathing water first introduced requirements on Member States to protect the health of bathers at sites traditionally used for bathing, by requiring compliance with a number of microbiological and chemical parameters.

2.4.2 The Directive introduced two sets of standards - mandatory, for which all bathing waters must comply, and a higher guideline standard. Compliance with the Directive's mandatory standards is based on the counts of total coliforms and faecal coliforms. These microbiological organisms all live naturally in the guts of humans and other warm-blooded mammals and were therefore seen as appropriate indicators of faecal pollution. For a mandatory pass to be achieved, 95% of samples taken must comply with the Directive's mandatory standards. The Directive's guideline values are stricter than the mandatory standard, and if achieved, indicate excellent bathing water quality. The coveted Blue Flag awards ⁸ can only be attained by beaches whose water quality is of guideline quality. Compliance with the Directive's guideline values is based on the counts of total coliforms, faecal coliforms and faecal streptococci.

2.4.3 The Directive also established where and when sampling of bathing waters should be carried out. The Directive was transposed into Scots law through the Bathing Waters (Classification) (Scotland) Regulations 1991. ⁹ These Regulations established SEPA as being responsible for monitoring and assessing official bathing waters, and for assisting Ministers in achieving compliance.

2.4.4 Scottish compliance with the existing Directive has gradually improved over the years, evidenced in the 100% pass rate achieved last year. The poorer results for the 2007 season can generally be attributed of the much wetter weather witnessed this year, as it is during such periods that bathing waters are most prone to pollution. Even so, from the figures shown in the table below, it is evident that the quality of our bathing waters is improving overall. This has largely been as a result of progress by Scottish Water and its predecessors in the provision of sewerage infrastructure.

Table 1: Compliance at Scottish designated bathing waters: 1993-2007

Revised Bathing Water Directive

2.4.5 However, as compliance with the existing Directive improved, alongside advances in science, moves were put into place to revise it. Proposals put forward by the European Commission finally led, after more than five years of negotiations, to a revised Directive coming into force on 24 March 2006.

2.4.6 The end result presents many challenges for Scotland. Compared to the existing Directive, standards have been tightened, and there are new requirements for public participation in decision-making, including a requirement to actively disseminate water quality information to the public. It offers us significant opportunities to further improve the quality of our bathing waters, raising standards that have improved over the last decade.

2.4.7 Assessment is now based on two main microbiological parameters - Intestinal enterococci and Escherichia coli. Compliance standards are higher, although rather than two levels, as under the existing Directive ( mandatory and guideline), there are now three - sufficient, good and excellent, as well as poor. The Directive requires that all designated sites meet at least sufficient quality, with an aim for good or excellent by the end of 2015. Suitable management measures to comply with the Directive are required to be introduced. There are also provisions in the Directive to discount failing samples during periods of short-term pollution, but only where appropriate warning to bathers is given, and other management measures are in place. The revised Directive allows for a flexible approach towards sampling dates, around a calendar fixed beforehand. Importantly the Directive introduces requirements for information - with standard imagery throughout the EU to assist understanding - through clear signage, internet and other means, on the quality of bathing waters, in order to inform the decision of the public on whether or not to bathe.

2.5 How the revised Bathing Water Directive fits into the Water Framework Directive

2.5.1 The revised Bathing Water Directive was drafted to take account of the requirements of the EC Water Framework Directive ¹⁰ ( WFD), which takes an overarching approach to the protection of the water environment. Designated bathing waters under the revised Directive are also protected areas under the Water Framework Directive, and as such the WFD sets objectives to achieve compliance with the standards and objectives of the revised Bathing Water Directive by 2015. The effect of this objective is to bring the objectives and standards required of the revised Bathing Water Directive under the umbrella of river basin management planning to ensure a more integrated approach. The plans being developed for the river basin districts in which our bathing waters lie will take full account of the revised Directive's requirements when they are published in 2009.

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