349. Regulation of the Federal Minister of Health, which enacted the regulation on the quality of bathing water and its management (bathing water regulation-BWV) and amended the bathing hygiene regulations

On the basis of § 15a of the Bäderhygienegesetz (BHygG), BGBl. No. 254/1976, as last amended by the Federal Law BGBl. I n ° 64/2009, is being ordered:

Article I

Regulation of the Federal Minister of Health on the quality of bathing water and its management (bathing water order-BWV)

Section 1

General provisions

Scope

§ 1. (1) This Regulation lays down the requirements for bathing water, its monitoring, evaluation and classification, the management of its quality, and the participation and information of the public.

(2) This Regulation shall not apply to:

1.		Basin according to § 2 para. 6 of the Bäderhygienegesetz,
2.		demarcated waters subject to treatment or used for therapeutic purposes,
3.		artificial demarcated waters separated from surface waters and groundwater (small bathing ponds according to § 2 para. 5 of the Bäderhygienegesetz).

(3) The definitions of the Bäderhygienegesetz shall also apply to this Regulation.

Target specification

§ 2. (1) The purpose of this Regulation is to supplement Directive 2000 /60/EC establishing a framework for Community action in the field of water policy ('the Water Framework Directive '), OJ L 327, 22.12.2000, p. No. 1., as amended by the decision OJ L 327, 22.12.2000, p. No. 1. to preserve and protect the environment, to improve the quality of the environment and to protect human health.

(2) In pursuit of this objective, all bathing waters shall have at least a "sufficient" quality at the latest by the end of the 2015 bathing season (Annex 8 Z 2) to be used. In addition, appropriate realistic and proportionate measures should be taken to ensure the number of "good" (Annex 8 Z 3) or "excellent" (Annex 8 Z 4) to increase the number of bathing waters classified.

Definitions

§ 3. The transitional period will include the 2010, 2011 and 2012 bathing activities.

§ 4. The bathing season is the period from 15 June to 31 August of each calendar year.

Section 2

Quality and management of bathing water

Monitoring of bathing water by the district administrative authorities

§ 5. (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,
2.		Measurements with respect to the parameters of sight depth, pH and oxygen saturation ( Appendix 1 Column A) ,
3.		Studies of water samples with regard to the intestinal enterococci and Escherichia coli parameters ( Appendix 1, column A) ,
4.		Studies on phytoplankton, if the bathing water profile indicates a tendency towards mass propagation, and
5.		appropriate monitoring for the timely detection of health hazards, if the bathing water profile indicates a potential for a mass increase in cyanobacteria.

(2) The sampling in the monitoring of the parameters Intestinale Enterococci and Escherichia coli ( Appendix 1 Column A ) has, during the transitional period, Appendix 2 and at the start of the 2013 bathing season in accordance with Appendix 3 shall be made.

(3) The rules governing the handling of samples ( Appendix 4 ) Samples taken, transported and stored are accompanied by accompanying data ( Appendix 5 ) on the market.

(4) The suitability of the water from bathing waters for bathing purposes shall be assessed by the experts responsible for hygiene, taking into account the location findings and the totality of the parameters to be monitored and analysed.

(5) The water of a single sample of a bathing site shall not be used in accordance with Appendix 6 limit values, the expert of hygiene has the possibility to carry out a follow-up inspection at the ehestest. If the follow-up inspection results in a further crossing of the limit value, the district administration authority shall immediately notify the district administration authority in relation to § 10a of the Bäderhygienegesetz (Baker's Hygiene Act). The water hygienic assessment shall be followed by a communication on the reasons which may be responsible for the failure to comply with the requirements of the hygiene expert's point of view.

(6) In the assessment referred to in paragraph 5, if there is an immediate danger to the health of bathers, the expert in hygiene shall immediately inform the District Administrative Authority and the Governor of the State of the health.

(7) Starting with the 2013 bathing season, in the event of short-term pollution, the expert in hygiene shall carry out an additional sampling to ensure that the pollution event is completed. If it is intended to disregard a sample taken during a short-term pollution, an additional sampling shall be made within seven days of the fixed end of the short-term pollution; however, this is only one of the following: May be allowed per bathing season.

(8) The district administrative authorities shall have the data resulting from the surveillance in electronic form on the basis of the data available in Appendix 7 to submit a report on complaints, their causes, and the management measures taken, to the Governor of the State.

Monitoring Schedule

§ 6. (1) The monitoring of each bathing water shall be carried out no later than four days after the date specified in the monitoring schedule in accordance with Section 9a (3) of the Bathing Hygiene Act.

(2) In exceptional situations pursuant to Section 2a (11) of the Bäderhygienegesetz (Bäderhygienegesetz), the monitoring schedule may be suspended by the district administration authority. After the end of an exceptional situation, the monitoring shall be continued as soon as possible and shall be replaced by the missing samples on the basis of the exceptional situation. The Governor of the Federal State is responsible for the training of the Continue the monitoring of the district administrative authority.

Analysis methods

§ 7. The study of bathing water quality has been carried out in accordance with the Appendix 1 Column E and Appendix 2 Column D shall be carried out.

Assessment and classification of bathing water quality during the transitional period

§ 8. (1) During the transitional period, the assessment and classification of bathing water shall be carried out after each bathing season on the basis of the dates of this bathing season, in accordance with the following conditions: Appendix 2 specified parameters and values.

(2) A bathing water shall be in accordance with the transitional period

1.		the requirements of the limit values when 95% of the samples tested on the Escherichia coli parameter of a bathing season limit the limit value in Appendix 2 for the parameter faeccoliform bacteria, and
2.		the requirements of the indicative values when 90% of the samples of the intestinal enterococci parameters of a bathing season shall be the benchmark in Appendix 2 For the parameter faecal streptococci and 80% of the samples tested on the Escherichia coli parameter of a bathing season, the indicative value in Appendix 2 for the parameter Faecalcoliforme bacteria.

Assessment of bathing water quality from the 2013 bathing season

§ 9. (1) The assessment of bathing water in accordance with Appendix 1 in conjunction with Appendix 8 for the first time after its end for the 2013 bathing season.

(2) The assessment of bathing water quality has for each bathing water at the end of each bathing season on the basis of the records of the last four bathing seasons (evaluation period) collected during the monitoring (§ 5) and in accordance with the procedure referred to in Appendix 8 shall be carried out.

(3) For the assessment of bathing water quality, all data sets shall be used; in the case of short-term pollution, the data sets of the additional sample collected to replace a sample which has been left out of eight shall be used.

(4) Where the data sets used contain at least 16 samples, an assessment of the bathing water quality may be carried out on the basis of data sets which include less than four bathing areas, if:

1.		the bathing water has been re-determined, or
2.		Changes after Appendix 9 Z 3 , which are likely to affect the classification of the bathing water in accordance with Article 10, in which case the bathing water quality shall be assessed on the basis of a data set which shall be based solely on the results of the bathing water quality in accordance with Article 10 of the Changes taken are based on samples taken.

Classification of bathing water quality from the 2013 bathing season

§ 10. (1) The first classification according to Appendix 8 takes place after the end of the 2013 bathing season.

(2) The classification of a bathing water shall be based on the bathing water quality assessment carried out in accordance with Article 9, in accordance with the criteria laid down in Appendix 8 as

1.		"deficient",
2.		"sufficient"
3.		"good" or
4.		"excellent"
shall be made.

(3) Without prejudice to the general requirements for bathing water quality in accordance with Article 2 (2), bathing waters may be temporarily classified as "defective", but still comply with this Regulation if each of the bathing waters is classified as "defective". bathing water with effect from the bathing season following this classification;

1.		appropriate management measures, including, where appropriate, a ban on bathing, in order to avoid any pollution of bathers, and
2.		appropriate measures will be taken to prevent, reduce or eliminate the causes of pollution and, furthermore,
3.		a description of the causes of the non-enrichment of "sufficient" quality; and
4.		a clear and simple warning to the public and an additional information on the reasons for the pollution and the measures taken on the basis of the bathing water profile in accordance with Article 11.

Bathing water profiles

§ 11. (1) The Landeshauptmann has the bathing water profiles in accordance with Appendix 9 , to create, review and update.

(2) In the preparation, review and updating of bathing water profiles, the data collected for the quality of bathing water and its management of Belang are collected in the monitoring and assessments of the Water Framework Directive are to be used.

(3) The bathing water profiles shall be drawn up for the first time up to 31 December 2010.

Section 3

Information exchange

Participation of the public

§ 12. (1) The public shall be informed by the competent authorities of the way in which it can participate and the possibility of bringing forward proposals, comments and complaints, in particular for the preparation, review and updating of the Bathing water lists according to § 9a (2) in conjunction with paragraph 3 of the Bäderhygienegesetz (Bäderhygienegesetz). All the authorities responsible for the enforcement of this Regulation shall create appropriate conditions to enable public participation.

(2) The competent authorities responsible for the enforcement of the provisions of the law on the law of the bathing establishments shall give due consideration to all the information they receive and, where necessary, to take account of them.

Information of the general public by the Governor

§ 13. (1) In an easily accessible position close to each bathing water designated in accordance with Article 9a (2) of the Bathing Hygiene Act, the following information shall be disseminated during the bathing season and shall be prepared immediately:

1.		the current classification of bathing water and, where appropriate, a bathing prohibition or a bathing off from bathing by means of clear and simple signs or symbols;
2.		a general, non-technical description of the bathing water on the basis of the Appendix 9 created bathing water profile;
3.		in the case of bathing waters susceptible to short-term pollution:
a)			a communication that the bathing water is vulnerable to short-term pollution,
b)			an indication of the number of days during the previous bathing season in which a bathing prohibition has been imposed on the basis of such pollution; and
c)			a warning whenever such pollution is predicted or is available;
4.		information on the nature and probable duration of exceptional situations during the event;
5.		in the case of a bathing prohibition, the reasons;
6.		if it is discourted from bathing in the long term, the information that the area concerned is no longer a bathing water and the reasons for the abolition of the designation as bathing water;
7.		an indication of the sources of further information referred to in paragraph 2.

(2) The information referred to in paragraph 1 shall be disseminated without delay by means of appropriate media and technologies, including the Internet, in respect of bathing water, as well as the following further information, if any, in several languages:

1.		a list of bathing waters and bathing sites (monitoring centres);
2.		the classification of each bathing water in the previous three years and the results of the monitoring carried out since the last classification;
3.		the bathing water profile of each bathing water;
4.		in the case of bathing waters classified as 'defective', information in accordance with Article 10 (3), in particular on the causes of pollution and the measures taken to prevent the exposure of bathers to pollution and to combat the causes of pollution;
5.		in the case of bathing waters susceptible to short-term pollution, general information on
a)			the circumstances that may lead to short-term pollution,
b)			the likelihood of such pollution and its probable duration;
c)			the causes of pollution and the measures taken to prevent any exposure of bathers to pollution and to combat the causes of pollution.

(3) The list referred to in paragraph 2 (1) (1) shall be updated in the event of an amendment to the Regulation in accordance with Section 9a (2) of the Bäderhygiene Act.

(4) The monitoring results referred to in paragraph 2 Z 2 shall be published on the Internet after the analysis has been completed.

(5) As far as possible, information based on georeferencing should be made available to the public. Attention should be paid to the precise and uniform presentation of the information, in particular by the use of symbols and symbols.

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

§ 14. (1) This Regulation provides for the implementation of Directive 2006 /7/EC of 15 February 2006 concerning the quality of bathing water and its management and repealing Directive 76 /160/EEC (OJ L 378, 27.11.2006, p. No. OJ L 64, 4.3.2006, p. 37).

(2) For the transitional period, this Regulation also provides for the implementation of the relevant provisions of Council Directive 76 /160/EEC of 8 December 1975 on the quality of bathing water (OJ L 76, 27.2.1976, p. No. OJ L 31, 5.2.1976, p. 1).

Article II

Regulation of the Federal Minister of Health, which changes the health care regulations

The Federal Minister of Labour, Health and Social Affairs regulation on hygiene in baths, sauna facilities, warm air and steam baths as well as small bathing ponds and the requirements for bathing sites (Bäderhygiene Regulations-BHygV), BGBl. II No 420/1998, as last amended by BGBl. II No 409/2000, shall be amended as follows:

1. The title is: