European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 386/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th September, 2015.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2013/39/EU1 of the European Parliament and of the Council of 12 August 2013 amending Directive 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy, Commission Decision (EU) 2013/480 of 20 September 20132 establishing, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise and repealing Decision 2008/915/EC and Commission Implementing Decision (EU) 2015/4953 of 20 March 2015 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council, hereby make the following Regulations:

(1) These Regulations may be cited as the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015.

(2) In these Regulations—

“the 2003 Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ), as amended by the European Union (Water Policy) Regulations 2014 ( S.I. No. 350 of 2014 );

“the 2009 Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );

“the 2012 Regulations” means the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012 ( S.I. No. 327 of 2012 ).

(3) The 2003 Regulations are amended in Regulation 3 by the insertion of the following definition after the definition of “international river basin district”:

“’limit of quantification’ has the same meaning as in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 );”.

(4) The 2003 Regulations are amended in Regulation 10 by the insertion of the following after paragraph (7):

“(8) The EPA shall, not later than 22 December 2018, establish and submit to the European Commission a supplementary monitoring programme to include:

(a) the newly identified substances numbered 22, 23, 24, 25, 26 and 27 and

(b) the substances numbered 16, 17, 18, 19, 20 and 21

in Tables 11 and 12 respectively of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 16 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015.”.

(5) The 2003 Regulations are amended in Regulation 12 by the substitution of the following for paragraph (1)(b):

“(b) establish a programme of measures in accordance with Article 11 of the Directive in order to achieve those objectives, including:

(i) a preliminary programme of measures by 22 December 2018, covering the newly identified substances numbered 22, 23, 24, 25, 26 and 27 and the substances numbered 16, 17, 18, 19, 20 and 21 in Tables 11 and 12 respectively of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 16 of the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, and

(ii) a final programme of measures relating to the substances listed at paragraph (1)(b)(i), which shall be established by 22 December 2021 and shall be implemented and made fully operational as soon as possible after that date and not later than 22 December 2024, and”.

(6) The 2003 Regulations are amended in Regulation 13 by the substitution of the following for paragraph (4):

“(4) A river basin management plan shall include:

(a) the information set out in Annex VII of the Directive which may be supplemented by the production of such additional detailed programmes and management plans for sub-basin, sector, issue or water type to deal with particular aspects of water management as the relevant authorities consider appropriate;

(b) a table presenting the limits of quantification of the methods of analysis applied by the EPA in undertaking monitoring for priority substances, and information on the performance of those methods in relation to the minimum performance criteria laid down in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 );

(c) for the priority substances for which the option in Regulation 41(7) of the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 9 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, is used by the EPA:

(i) the reasons and basis for using that option;

(ii) where an alternative environmental quality standard is used, evidence that that environmental quality standard offers at least the same level of protection as the EQS laid down in Tables 11 and 12 of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, including the data and methodology used to derive the environmental quality standard, and the categories of surface water to which it applies;

(iii) for comparison with the information referred to in paragraph (a), the limits of quantification of the methods of analysis for the matrices specified in Tables 11 and 12 of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, including information on the performance of those methods in relation to the minimum performance criteria laid down in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 ); and

(d) justification for the frequency of monitoring applied in accordance with Regulation 41(5) of the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 9 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, if monitoring intervals are longer than one year.”.

(7) The 2009 Regulations are amended in Regulation 3 by:

(a) the insertion of the following definition after the definition of “artificial water body”:

“’biota taxon’ means a particular aquatic taxon within the taxonomic rank “sub-phylum”, “class” or their equivalent;”,

(b) the insertion of the following definition after the definition of “Directive 2008/105/EC”:

“’Directive 2013/39/EU’ means Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy;” and

(c) the insertion of the following definitions after the definition of “lake”:

“’limit of quantification’ has the same meaning as in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 );

‘matrix’ means a compartment of the aquatic environment, namely water sediment or biota;”.

(8) The 2009 Regulations are amended in Regulation 28 by substituting the following paragraph for paragraph (1):

“(1) A surface water body whose status is determined to be high or good ecological status (or good ecological potential as the case may be) and good surface water chemical status, when classified by the Agency in accordance with these Regulations, shall not deteriorate in status.”

(9) The 2009 Regulations are amended in Regulation 41 by the insertion of the following paragraphs after paragraph (3):

“(4) Where a biota environmental quality standard is established for a substance in Tables 11 and 12 of Schedule 6 of these Regulations, the biota environmental quality standard shall be applied in the first instance by the Agency in determining chemical status of a given surface water body. Where no biota environmental quality standard has been established for a substance, the appropriate water environmental quality standard shall be applied.

(5) For substances in Tables 11 and 12 of Schedule 6 for which a biota or sediment environmental quality standard is applied, the Agency shall monitor the substance in the relevant matrix at least once every year, unless technical knowledge and expert judgment justify another interval.

(6) Where a potential risk to, or via, any given surface water body from acute exposure has been identified as a result of measured or estimated concentrations or emissions and where a biota or sediment environmental quality standard is being applied, the Agency shall ensure that monitoring of that surface water body is carried out and shall apply the MAC-EQS standards established in Tables 11 and 12 of Schedule 6.

(7) The Agency may, in relation to one or more categories of surface water, apply an environmental quality standard for a matrix other than water, sediment or biota or, where relevant, for a biota taxon other than those specified in Tables 11 and 12 of Schedule 6 and shall apply the relevant EQS specified in Tables 11 and 12 of Schedule 6 or, if none is included for the relevant matrix or biota taxon, establish an EQS that offers at least the same level of protection as the EQS specified in Tables 11 and 12 of Schedule 6.

(8) Paragraph (7) only applies where the method of analysis used for the chosen matrix or biota taxon fulfils the minimum performance criteria laid down in the European Communities (Technical...