S.L. 465.9 Art. 6Classification and quality status of bathing waters.

(1) The Superintendent shall classify bathing water, in accordance with the criteria set out in Schedule II of the Directive, as:

(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

(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.