The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

PART 4 Amendment and revocation of EU decisions

Commission Implementing Decision 2011/321/EU

23.  In Commission Implementing Decision 2011/321/EU establishing, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, a symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing, omit Article 2.

Commission Decision (EU) 2017/1583

24.—(1) Commission Decision (EU) 2017/1583 specifying, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, EN ISO 17994:2014 as the standard on the equivalence of microbiological methods is amended as follows.

(2) In Article 1—

(a) the existing text becomes paragraph 1;

(b) after paragraph 1 insert—

“2.   The reference in paragraph 1 to Article 3(9) of Directive 2006/7/EC, is to be read as if any requirements imposed or discretion conferred by that provision on a member State were imposed or conferred on the relevant person.

3.   In this Article, “relevant person” means—

(a) in relation to England, the Environment Agency;

(b) in relation to Wales, the Natural Resources Body for Wales;

(c) in relation to Scotland, the Scottish Environment Protection Agency;

(d) in relation to Northern Ireland, the Department for Agriculture, Environment and Rural Affairs.”.

(3) Omit Articles 2 and 3.

Commission Decision (EU) 2018/229

25.—(1) Commission Decision (EU) 2018/229 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 is amended as follows.

(2) In Article 1—

(a) in paragraph 1, for “Member States shall use in their” substitute “the relevant person must use in its”;

(b) in paragraph 2—

(i) for “Member States shall” substitute “the relevant person must”;

(ii) for “use in their” substitute “use in its”;

(c) in paragraph 3, for “Member States” substitute “The relevant person”;

(d) after paragraph 3 insert—

“4.   In this Article—

(a) “relevant person” means—

(i) in relation to England and the Northumbria River Basin District, the Environment Agency (“the EA”) (subject to points (iii) and (v));

(ii) in relation to Wales, the Natural Resources Body for Wales (“NRW”) (subject to point (iii));

(iii) in relation to a river basin district which is partly in England and partly in Wales, the EA and NRW acting jointly;

(iv) in relation to Scotland, the Scottish Ministers (subject to point (v));

(v) in relation to the Solway Tweed River Basin District, the EA and the Scottish Environment Protection Agency acting jointly;

(vi) in relation to Northern Ireland, the Department for Agriculture, Environment and Rural Affairs;

(b) references to Article 4(3) of, and Section 1.4.1(iii) of Annex 5 to, Directive 2000/60/EC are to be read as if any requirements imposed or discretion conferred by those provisions on a member State were imposed or conferred on the relevant person.”;

(e) omit Articles 2 and 3.

Commission Implementing Decision 2018/840/EU

26.  In Commission Implementing Decision 2018/840/EU 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—

(a) in Article 1, omit “for Union-wide”;

(b) omit Articles 2 and 3;

(c) in the heading of the Annex, omit “Union-wide”.

Revocations and removal of EEA references

27.  The following retained direct EU legislation is revoked and any reference to that legislation in Annex 20 to the EEA agreement is to be omitted—

(a) Decision No 2455/2001/EC of the European Parliament and of the Council establishing the list of priority substances in the field of water policy;

(b) Commission Decision 2005/646/EC on the establishment of a register of sites to form the intercalibration network in accordance with Directive 2000/60/EC of the European Parliament and of the Council;

(c) Commission Implementing Decision 2014/431/EU concerning formats for reporting on the national programmes for the implementation of Council Directive 91/271/EEC.