Bath Water Regulation

Original Language Title: Änderung der Badegewässerverordnung

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202. Regulation of the Federal Minister of Health with which the bathing water order is amended

On the basis of § 15a of the Bäderhygienegesetz (BHygG), BGBl. No. 254/1976, as last amended by the Federal Law BGBl. I No 42/2012, shall be arranged:

The regulation of the Federal Minister of Health on the quality of bathing water and its management (Bathing Water Ordination-BWG), BGBl. II No 349/2009, shall be amended as follows:

1. § 5 (1) reads:

" (1) The monitoring of bathing water at bathing sites shall include:

1.

Control of pollution such as tar-containing residues, glass, plastic, rubber or other waste ( Appendix 6) ,

2.

Measurements with respect to the parameters of sight depth, pH and oxygen saturation ( Appendix 6) ,

3.

Studies of water samples with regard to the intestinal enterococci and Escherichia coli parameters ( Appendix 1 and Annex 6) ,

4.

Investigations on phytoplankton in order to determine whether their presence can be accepted and to determine the risks to health (Annex 6) and

5.

appropriate monitoring of cyanobacteria for the timely detection of health hazards ( Appendix 6) . "

2. § 5 (4) reads:

" (4) The suitability of the water of bathing waters for bathing purposes is provided by the experts responsible for hygiene (paragraph 1). 9) taking into account the location finding and the totality of the parameters to be monitored (Annex 6) "

3. § 5 is added to the following paragraph 9:

" (9) In order to monitor bathing water, the district administrative authorities shall have the following hygiene experts to use:

1.

Burgenland: the Institute of Medical Microbiology and Hygiene of the Austrian Agency for Health and Food Security GmbH (AGES) in Vienna or the Institute of Medical Microbiology and Hygiene of the Austrian Agency for Health and Food Security GmbH (AGES) in Graz, Germany

2.

Carinthia: the food search facility in Carinthia,

3.

Lower Austria: the Institute of Medical Microbiology and Hygiene of the Austrian Agency for Health and Food Security GmbH (AGES) in Vienna or the Institute of Medical Microbiology and Hygiene of the Austrian Agency for Health and Food Security GmbH (AGES) in Graz, Germany

4.

Upper Austria: the Institute for Hydroanalysis of the Austrian Agency for Health and Food Safety (AGES) in Linz, Germany

5.

Salzburg: the Institute for Food Safety of the Austrian Agency for Health and Food Safety (AGES) in Innsbruck, Germany

6.

Steiermark: the Institute of Medical Microbiology and Hygiene of the Austrian Agency for Health and Food Safety (AGES) in Graz, Austria

7.

Tyrol: the Institute of Food Safety of the Austrian Agency for Health and Food Safety (AGES) in Innsbruck, Germany

8.

Vorarlberg: the Institute for the Environment and Food Safety of the State of Vorarlberg,

9.

Vienna: the testing, monitoring and certification body of the City of Vienna MA 39 IFUM-Laboratory for Environmental Medicine. "

4. § 7 reads:

" § 7. The study of bathing water quality shall be carried out in accordance with the reference analytical methods referred to in Annex 1, column E and Annex 6, column D. "

5. § 9 (2) and (3) reads:

" (2) The assessment of bathing water quality shall be carried out for each bathing water at the end of each bathing season on the basis of the intestinal enterococci and Escherichia coli parameters. (Annex 1) in accordance with Appendix 3 records of the last four bathing zones (evaluation period) and in accordance with the Appendix 8 shall be carried out.

(3) For the assessment of bathing water quality, with the exception of samples taken to determine whether a pollution incident has ended, all data sets shall be used; in the case of short-term pollution, the To use records of the additional sample collected to replace a sample that has been left out of eight. "

6. § 10 (3) Z 1 reads:

" 1.

adequate management measures, including a ban on bathing, in order to avoid any pollution of bathers, and "

7. § 13 (1) Z 1 reads:

" 1.

the current classification of bathing water and, where appropriate, a bathing prohibition or a bathing off by means of symbols (Annex 10) ; "

8. The 4. Section is:

" Section 4

Transitional and final provisions

Transitional provisions

§ 14. (1) The surveillance of bathing water pursuant to Article 5 (1) (1) to (3) of the Appendix 1 and Appendix 2 shall begin with the bathing season 2010, the monitoring of bathing water in accordance with § 5 (1) Z 4 and 5 with the bathing season 2011.

(2) Appendix 2 shall expire at the end of 31 December 2012.

Implementation Notice

§ 15. (1) This Regulation shall be implemented

1.

Directive 2006 /7/EC on the quality of bathing water and its management and repealing Directive 76 /160/EEC, OJ L 73, 14.2.2006, p. No. OJ L 64 of 04.03.2006 p. 37, as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No. OJ L 188, 18.07.2009, p. No. OJ L 188, 18.07.2009 p. 14 and

2.

Implementing Decision 2011 /321/EU introducing a symbol to inform the public on the classification of bathing water and bathing bans or bathing rates in accordance with Directive 2006 /7/EC of the European Parliament and of the European Parliament and of the Council Council: No. OJ L 143 of 31.05.2011 p. 38).

(2) For the transitional period, this Regulation also provides for the implementation of the relevant provisions of Directive 76 /160/EEC on the quality of bathing water, OJ L 76, 27.2.1976. No. 1, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 30.12.2008, p. No. OJ L 311, 21.11.2008 p.1.

9. Annex 1 is:

" Appendix 1

(§ § 5 (1) and (2), (7) and (9) (1))

Bathing water/bathing sites

Parameters-qualities-reference analysis methods

(annual classification-starting with the 2013 bathing season)

A

B

C

D

E

Parameters

Excellent quality

Good quality

Sufficient quality

Reference Analysis Methods

1

Intestinal Enterococci (KBE/100 ml)

200 *

400 *

330 * *

ISO 7899-1 or

ISO 7899-2

2

Escherichia coli

(KBE/100 ml)

500 *

1000 *

900 * *

ISO 9308-3 or

ISO 9308-1

* Based on a 95 percentile assessment (Annex 8)

** On the basis of a 90 percentile assessment (Annex 8) "

Appendix 5 is:

" Appendix 5

(on § 5 (3))

Sample accompanying data-Accompanying data

(minimum requirements)

1.

Name of the sampling device

2.

Place, date and hour of sampling

3.

Sampling point

4.

View depth

5.

PH value

6.

dissolved oxygen (% saturation)

7.

Weather conditions at the time of sampling (such as cloudless, sunny, cloudy, cloudy, light rain, heavy rain, foggy, swan, extremely swaying, weak windy, medium windy, stormy, with multiple options allowed)

8.

Weather on the previous day (such as sunny, cloudy, rainfall, thunderstorms, lively windy)

9.

Weather period before (such as extreme heat, severe weather, very cool)

10.

Wave gang (like none, low, medium, high)

11.

Cloudy (as clear, slightly clouded, strongly clouded, caused by algal bloom, wave stroke, weather, miscellaneous)

12.

Water temperature [° C]

13.

Air temperature [° C]

14.

Water level (high, medium, low)

15.

Number of visitors (at the time of sampling and where possible on the previous day), if necessary information at the Kassa, at a parking space management or catering establishment on site or in the event of a visit to the park. estimating

16.

Conspicuous features (such as no bathing establishment, feces/soil in the water, sedimentation, waterfowl, snails, algae, strong algal blooms, other aquatic plants, introduction of impurities, measuring instrument defective)

In the sense of a better assessment possibility by the competent authority for the monitoring, the information given in the sample accompanying documents must be included in the respective assessments (test reports) or is a copy of the Sample accompanying the respective test report. "

11. Annex 6 is:

" Appendix 6

(on § 5 (5))

Bathing water/bathing sites

Parameter values-Reference analysis methods

Evaluation of individual samples-limit values relevant for short-term pollution

(beginning with the 2013 season)

A

B

C

D

Parameters

Indicative values

Limits

Reference analysis methods

1

Intestinal Enterococci

(KBE/100 ml)

100

400

ISO 7899-1 or

ISO 7899-2

2

Escherichia coli

(KBE/100 ml)

100

1000

ISO 9308-3 or

ISO 9308-1

3

Depth of view (m)

> 2

Secchi disk

4

PH value

6-9

ÖNORM M 6244

5

Dissolved oxygen/

% saturation

> 80

Winkler method or electrometrical method

6

Phytoplankton

(if the bathing water profile indicates a tendency towards mass propagation)

7

Cyanobacteria

(if the bathing water profile indicates a potential for mass propagation)

8

Pollution (such as tar-containing residues, glass, plastic, rubber or other waste)

Visual Control

12. In Appendix 8 is in the categories " 2. Sufficient quality "," 3. Good quality "and" 4. Excellent quality " Z 2 lit. c Each:

" (c)

no more than one sample per bathing season in the event of short-term pollution during the last evaluation period (Section 5 (7)). "

13. The following Annex 10 is added to Annex 9:

" Appendix 10

(to § 13 (3) (1) (1))

Information icons

on the classification of a bathing water,

a bathing ban and a bathing rate from Baden

Excellent

good

sufficient

Lack of

"

Stöger