PART 3Amendment of subordinate legislation
The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015I111
1
The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015 M1 are amended as follows.
2
After regulation 2(3), insert—
4
For the purposes of these Regulations, references to the Water Framework Directive, the Directive and Directive 2009/90/EC or to a provision of one of those Directives, are to be read in accordance with Schedule 6 (Modifications of Directives) M2.
3
In regulation 15—
a
in paragraph (1), after “the Commission” insert “
, immediately before exit day,
”
;
b
in paragraph (2)(b), at the end insert “
,immediately before exit day
”
;
c
in paragraph (4)(b), after “lists” insert “
produced immediately before exit day
”
.
4
For regulation 16 substitute—
16
The Department may opt not to undertake additional monitoring under the watch list mechanism for a particular substance if the Department has sufficient, comparable, representative and recent monitoring data for the substance from existing monitoring programmes or studies.
5
In regulation 17—
a
in paragraph (1)—
i
for “report” substitute “
publish
”
;
ii
omit “to the Commission”;
b
in paragraph (2), for “reports” substitute “
results
”
.
6
In regulation 20(5) and 21(4) omit “in accordance with the requirements of the Water Framework Directive”.
7
For regulation 24(2), substitute—
2
The Department must record measures it has taken to address the issue of transboundary pollution in the relevant river basin management plan.
8
Omit regulation 25.
9
After Schedule 5, insert—
SCHEDULE 6Modifications of Directives
PART 1Modifications of the Water Framework Directive
1
A reference to the Water Framework Directive, or to any provision of it, is to be read in accordance with this Part.
2
When interpreting the Water Framework Directive for the purposes of these Regulations—
a
a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the Department;
b
a reference to Article 13 of the Water Framework Directive is to be read as if it were a reference to Article 13 except in so far as it gives rise to any obligation under Article 15 of that Directive;
c
any reference to “Community legislation” (other than a reference to existing Community legislation) is to be read as if it were a reference to retained EU law;
d
any reference to “existing Community legislation” or “existing legislation” is to be read as if it were a reference to Community legislation which was in force prior to 23rd October 2000;
e
the Water Framework Directive is to be read as if it the following modification were made to it.
3
Article 2(24) is to be read as if, for the words from “in Annex IX” to the end, there were substituted
“ by the table of priority substances, and under relevant retained EU law which sets environmental quality standards ”.4
Article 3 is to be read as if—
a
in paragraph 3—
i
“the territory of more than one Member State” were a reference to “Northern Ireland and the Republic of Ireland”;
ii
the second sentence was omitted;
iii
for “Each” substitute
“ A ”;b
in paragraph 4—
i
“the Member States concerned” were a reference to “Northern Ireland and the Republic of Ireland”;
ii
the third sentence was omitted;
c
omit paragraphs 5,8 and 9.
5
Article 4 is to be read as if—
a
in paragraph 1—
i
in point (a)(iv), for “Article 16(1) and (8)” there were substituted
“ the Directive ”;ii
in point (b)(iii), for “paragraphs 2, 4 and 5 of Article 17” there were substituted
“ Directive 2006/118/EEC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M3 ”;b
in paragraph 8, the reference to “other Community environmental legislation” were a reference to retained EU law relating to the environment.
6
Article 7(2) is to be read as if—
a
for “at Community level under Article 16” there were substituted
“ by retained EU law implementing the Directive ”;b
for “Directive 80/778/EEC as amended by Directive 98/83/EC” there were substituted
“ retained EU law implementing Directive 98/83/EC ”.7
Article 11(3) is to be read as if—
a
in subparagraph (a), for the words from “required to implement” to the end, substitute
“ under retained EU law for the protection of water ”;b
in subparagraph (j), in the fourth indent, for the words from “Directive” to the end there were substituted
“ Chapter 3 of Part 1 of the Energy Act 2008 and other retained EU law which transposed Directive 2009/31/EC on the geological storage of carbon dioxide ”;c
in subparagraph (k)—
i
the words “in accordance with action taken pursuant to Article 16,” were omitted;
ii
for “agreed pursuant to Article 16” there were substituted
“ in Annex 10 ”.8
In Article 13—
a
paragraph 2 is to be read as if for “the Community” and “their territory” there were substituted
“ Northern Ireland ”;b
paragraph 3 is to be read as if for “the Community” and “the territory of the Member State concerned” there were substituted
“ Northern Ireland ”.9
Article 15 is to be read as if—
a
paragraphs 1 and 2 were omitted;
b
in paragraph 3, for “submit” there were substituted
“ produce ”.10
Annex 2 is to be read as if—
a
in section 1.1, paragraph (vi) were omitted;
b
in section 1.4—
i
in the second paragraph—
aa
after “gathered under” there were inserted
“ the retained EU law which implemented ”;bb
in subparagraph (ii), the reference to Articles 9 and 15 of Directive 96/61/EC were a reference to Articles 5(3), 14 and 24 of Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions M4;
ii
in the third paragraph—
aa
after “gathered under” there were inserted
“ the retained EU law which implemented ”;bb
in subparagraph (iii) the reference to Directive 98/8/EC were a reference to Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products;
c
in section 2.3 the reference to “two or more Member States” were a reference to “Northern Ireland and the Republic of Ireland”.
11
Annex 5 is to be read as if—
a
references in tables 1.2.1 to 1.2.5 to Directive 91/414/EC, in each place they occur, were references to Regulation (EC) 1107/2009 concerning the placing of plant protection products on the market;
b
references in tables 1.2.1 to 1.2.5 to Directive 98/8/EC, in each place they occur, were references to Regulation (EC) 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products;
c
in section 1.3.1, in the unnumbered paragraph headed “Selection of monitoring points”, the fourth indent (referring to “the Information Exchange Decision 77/795/EEC”) were omitted;
d
e
in section 1.4.1—
i
in point (iii), for the words from “shall be established” to the end there were substituted
“ is as set out in Commission Decision 2018/229 establishing, pursuant to Directive 2000/60/EC of the Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise. ”;ii
points (iv) to (ix) were omitted;
f
in section 1.4.3, for the words “Annex IX, Article 16 and under other relevant Community legislation” there were substituted
“ Annex 1 to the Directive and under other relevant retained EU law ”;g
in the table in section 2.3.2, in the column for “good status”, for “other relevant Community legislation in accordance with Article 17” there were substituted
“ Directive 2006/118/EEC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M6 as last amended by Commission Directive 2014/80/EU M7 ”;h
in section 2.4.5, the words “Without prejudice to the Directives concerned” were omitted.
12
Annex 6 is to be read as if Part A were omitted.
13
Annex 7 is to be read as if, in Part A—
a
in point 7.1, for “implement Community legislation” there were substituted
“ under retained EU law ”;b
point 10 were omitted.
PART 2Modifications of the Directive
1
A reference to the Directive or to any provision of the Directive is to read in accordance with this Part.
2
When interpreting the Directive for the purpose of these Regulations—
a
a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the Department;
b
the Directive is to be read as if the following modifications were made to it.
3
Article 4 is to be read as if—
a
in paragraph 3(b)—
i
the reference to “Community law” is to be read as if it were a reference to retained EU law;
ii
the words “and Article 10 of Directive 2000/60/EC” were omitted.
PART 3Modifications of Directive 2009/90/EC
1
A reference to Directive 2009/90/EC, or to any provision of it, is to be read in accordance with this Part.
2
When interpreting Directive 2009/90/EC for the purposes of these Regulations, a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the Department.