The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Quality of Bathing Water Regulations (Northern Ireland) 2008 N.I.

6.—(1) The Quality of Bathing Water Regulations (Northern Ireland) 2008 M1 are amended as follows.

(2) In regulation 2, at the end insert—

“(5) For the purposes of these Regulations, a reference to a Directive is to be read as if any reference in that Directive to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority were a reference to the Department.”.

(3) In regulation 5, at the end insert—

“(5) For the purposes of this regulation, the Bathing Water Directive is to be read as if—

(a) in Article 2(13), the reference to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment were a reference to Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment M2 ;

(b) the following provisions were omitted—

(i) Article 3(8);

(ii) in Article 3(9), the final sentence;

(iii) in Article 4(2), in the second subparagraph, the second and third sentences;

(c) in Article 6(3), the reference to Directive 2000/60/EC were a reference to Article 8 of that Directive;

(d) the following provisions were omitted—

(i) Article 13;

(ii) Article 14;

(iii) Article 18;

(e) in Annex 3, in paragraph 1(a), the reference to Directive 2000/60/EC were omitted.

(6) For the purposes of paragraph (5)(c), Article 8 of Directive 2000/60/EC is to be read as if—

(a) in paragraph 1, the final indent were omitted;

(b) in paragraph 2—

(i) the first sentence were omitted;

(ii) the reference in the second sentence to Annex 5 to Directive 2000/60/EC were a reference to that Annex as modified by paragraph 16 of Schedule 5 to the Water Framework Regulations;

(c) paragraph 3 were omitted.”.

(4) In Part 6, before regulation 16, insert—

“Annual reports

15A.— (1) Subject to paragraph (2), the Department must prepare and publish, by 30th April each calendar year, a report on the bathing water season in the previous year.

(2) The first report under this regulation must be published by 30th April 2020.

(3) A report must—

(a) be published in such manner as the Department considers appropriate;

(b) contain the following information for a bathing water—

(i) the results of monitoring carried out under regulation 8;

(ii) the results of bathing water quality assessments carried out under regulation 11;

(iii) a description of any significant management measures taken.”.

Commencement Information

I1 Reg. 6 in force on IP completion day, see reg. 1(1) and 2020 c. 1, Sch. 5 para. 1(1), see reg. 1(1)

Marginal Citations

M1 S.R. 2008 No. 231, amended by S.R. 2012 No. 218, S.R. 2013 No. 151, S.R. 2017 No. 81 and S.R. 2018 No. 104.

M2 OJ No L 26, 28.1.2012, p. 1, as amended by Directive 2014/52/EU (OJ No L 124, 25.4.2014, p. 1).