5.2.76 Official Journal of the European Communities NoL 31/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 8 December 1975 concerning the quality of bathing water (76/160/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Furopean Economic Community, and in particular Articles 100 and 235 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas, in order to protect the environment and public health, it is necessary to reduce the pollution of bathing water and to protect such water against further deterioration; Whereas surveillance of bathing water is necessary in order to attain, within the framework of the oper- ation of the common market, the Community’s objectives as regards the improvement of living conditions, the harmonious development of economic activities throughout the Community and continuous and balanced expansion; Whereas there exist in this area certain laws, regu- lations or administrative provisions in Member States which directly affect the functioning of the common (1) OJ No C 128, 9. 6. 1975, p. 13. () OJ No C 286, 15. 12. 1975, p. 5. market; whereas, however, not all the powers needed to act in this way have been provided for in the Treaty; Whereas the programme of action of the Furopean Communities on the environment (3) provides that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet inter alia the definition of parameters for water, including bathing water; Whereas, in order to attain these quality objectives, the Member States must lay down limit values corresponding to certain parameters; whereas bathing water must be made to conform to these values within 10 years following the notification of this Directive; Whereas it should be provided that bathing water will, under certain conditions, be deemed to conform to the relevant parametric values even if a certain percentage of samples taken during the bathing season does not comply with the limits specified in the Annex; Whereas, to achieve a certain degree of flexibility in the application of this Directive, the Member States must have the power to provide for derogations; whereas such derogations must not, however, disre- (%) OJ No C 112, 20. 12. 1973, p. 3.