The Water Framework Directive (Priority Substances and Classification) (Amendment) Regulations (Northern Ireland) 2015

Amendments to the Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011

3.—(1) The Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 2 (interpretation)—

(a) for the definition of “biological boundary value” substitute—

““biological boundary value” in respect of biological quality elements means the classification boundaries for ecological status as set out in Annex V of the Water Framework Directive and as agreed following the EU intercalibration exercise(2);”;

(b) after the definition of “biological boundary value” insert—

““cyprinid” means a type of lake or river which, in the Department’s judgement, would support a sustainable fish population dominated by cyprinid species;”;

(c) after the definition of “river basin management plan” insert—

““salmonid” means a type of lake or river which, in the Department’s judgement, would support a sustainable fish population dominated by salmonid species;

“shellfish waters” means any water classified under the Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997(3);”.

(3) For regulation 4 (Environmental standards for priority substances and other dangerous substances) substitute—

“Environmental standards for priority substances, Intermittent Discharge Standards and standards for Shellfish Waters

4.— (1) Subject to paragraph (2), the Department shall apply the standards for priority substances in Table 46 of Part 2 of Schedule 1 to surface waters or parts thereof.

(2) The Department may apply standards for sediment or for biota or for both sediment and biota to certain substances instead of the standards set out in Table 46 of Part 2 of Schedule 1 in certain categories of surface waters. If the Department applies this option:

(a) it shall apply for mercury and its compounds, a standard of 20 µg/kg, and/or for hexachlorobenzene, a standard of 10 µg/kg, and/or for hexachlorobutadiene, a standard of 55 µg/kg, these standards being for prey tissue (wet weight), choosing the most appropriate indicator from among fish, molluscs, crustaceans and other biota;

(b) it shall ensure that the standards applied for sediment and biota offer at least the same level of protection as the standards for water set out in Table 46 of Part 2 of Schedule 1;

(c) it shall determine for the substances mentioned in sub paragraphs (a) and (b), the frequency of monitoring in biota and/or sediment;

(d) it shall monitor biota and sediment at least annually, unless technical knowledge and expert judgement justify a different interval.

(3) The Department shall apply the standards for intermittent discharges specified in Part 4 of Schedule 1.

(4) The Department shall apply the standards for shellfish waters specified in Part 1 of Schedule 5 and endeavour to respect the guideline values and comments specified in Part 2 of that Schedule.”

(4) In regulation 7(2) for “Table 38” substitute “Table 46”.

(5) In regulation 8(1) for “Table 38” substitute “Table 46”.

(6) For Schedule 1 substitute Schedule 1 to these Regulations.

(7) For Schedule 2 substitute Schedule 2 to these Regulations.

(8) For Schedule 3 substitute Schedule 3 to these Regulations.

(9) Following Schedule 4 insert Schedule 4 to these Regulations.

(1)

S.R. 2011 No.10

(2)

EU Commission Decision 2013/480/EU

(3)

S.R. 1997 No. 489