The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015

Contents

1Citation and commencement#

These Regulations may be cited as the Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015 and shall come into operation on 23 October 2015.

2Interpretation#

(1)In these Regulations—• ^note...• “the 2017 Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017;• “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 ^note;• “biota taxon” means a particular aquatic taxon within the taxonomic rank “sub-phylum”, “class” or their equivalent;• “cyprinid waters” means a type of lake or river which, in the Department's judgement, would support a sustainable fish population dominated by cyprinid species;• “Directive 2009/90/EC” means Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status ^note;• “existing obligations” means the obligations (on environmental quality standards in the field of water policy) under Directive 2008/105/EC of the European Parliament and of the Council ^note (“the original Directive”) before it was amended by Directive 2013/39/EU of the European Parliament and of the Council ^note including, in particular, the achievement of good surface water chemical status in relation to the substances and the associated environmental quality standards listed in the original Directive;• “matrix” means a compartment of the aquatic environment, namely water, sediment or biota;• “mixing zone” means an area designated in accordance with Article 4 of the Directive;• “river basin district” has the same meaning as in the 2017 Regulations and, for the purposes of these regulations, shall include “international river basin district” as also defined in the 2017 Regulations ;• “river basin management plan” has the same meaning as in the 2017 Regulations• “salmonid waters” 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 a shellfish water protected area designated in accordance with regulation 9 of the 2017 Regulations;• “the Department” means the Department of the Environment;• “the Directive” means Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy ^note as amended by Directive 2013/39/EU of the European Parliament and of the Council ^note;• “the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Framework for Community Action in the Field of Water Policy ^note as last amended by Commission Directive 2014/101/EU ^note.

(2)Any word or expression used in these Regulations and the Directive, the Water Framework Directive, Directive 2009/90/EC, or the 2017 Regulations and not otherwise defined in these Regulations shall have the same meaning for the purposes of these Regulations as it has for the purposes of the applicable Directive or Regulations.

(3)The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly.

(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).

3Typology and Environmental Standards#

(1)The Department, in exercising the functions listed in paragraph (2) must in respect of the rivers, lakes, transitional waters and coastal waters—

(a)assign a Type or Types in accordance with Part 1 of Schedule 1; and

(b)apply environmental standards and biological boundary values to each river, lake, transitional water and coastal water, or part thereof, according to its assigned Type or Types, in accordance with Part 2 and Part 3 of Schedule 1.

(2)The functions listed in paragraph (1) are

(a)analysis and review of the characterisation of each river basin district in accordance with regulation 5(2) of the 2017 Regulations;

(b)monitoring of the status of the water environment in each river basin district in accordance with regulation 11 of the 2017 Regulations;

(c)setting of environmental objectives for each body of surface water in each river basin district in accordance with regulation 12(1)(a) of the 2017 Regulations;

(d)preparing programmes of measures to achieve those objectives in accordance with regulation 12(1)(b) of the 2017 Regulations.

4Environmental standards for priority substances#

Without prejudice to existing obligations and subject to regulation 5, the Department must apply the environmental quality standards set out in Part 2 of Schedule 1for the priority substances numbered 1-33 in Table 47 of Part 2 of Schedule 1 to surface waters or parts thereof.

5 #

For the priority substances numbered 2, 5, 15, 20, 22, 23 and 28 in Table 47 of Part 2 of Schedule 1, with the aim of achieving good surface water chemical status in relation to those substances by 22 December 2021 by means of the programme of measures included in the river basin management plans (or an update of them), the environmental quality standards that apply are those applicable on the dates set out in column 4 of that Table. For all other priority substances numbered 1-33, the environmental quality standard set out in Table 47 of Part 2 of Schedule 1 applies from the date these Regulations come into force.

6 #

Without prejudice to existing obligations, for the priority substances numbered 34 to 45 in Table 47 of Part 2 of Schedule 1, with the aim of achieving good surface water chemical status in relation to those substances by 2027 and preventing deterioration in the chemical status of surface water bodies in relation to those substances, the Department must—

(a)from 22 December 2018, apply the environmental quality standards set out in Table 47 of Part 2 of Schedule 1 for those substances;

(b)by 22 December 2018, establish and submit to the Commission a supplementary monitoring programme and a preliminary programme of measures covering those substances;

(c)establish a final programme of measures for those substances by 22 December 2021; and

(d)make the final programme of measures fully operational as soon as possible after 22 December 2021, and not later than 22 December 2024.

7 #

Subject to regulation 8—

(a)for the priority substances numbered 5, 15, 16, 17, 21, 28, 34, 35, 37, 43 and 44 in Table 47 of Part 2 of Schedule 1 the Department must apply the biota environmental quality standards laid down in column 9 of that Table;

(b)for all other substances numbered in Table 47 of Part 2 of Schedule 1, the Department must apply the water environmental quality standards in accordance with that Table.

8 #

(1)Subject to the conditions in paragraphs (2) and (3), the Department may, in relation to one or more categories of surface water, apply an environmental quality standard for a matrix other than the matrix specified in column 9 of Table 47 of Part 2 of Schedule 1 or, if applicable, an environmental quality standard for a biota taxon other than those specified in that Table.

(2)The first condition is that the Department applies either—

(a)the relevant environmental quality standard laid down in Table 47 of Part 2 of Schedule 1; or

(b)if there is no relevant environmental quality standard laid down in that Table for the alternative matrix or biota taxon, an environmental quality standard that offers at least the same level of protection as that provided by an environment quality standard established for a matrix or biota taxon—

(i)in Table 47 of Part 2 of Schedule 1; and

(ii)according to technical knowledge and expert judgement, is equivalent to the alternative matrix or biota taxon.

(3)The second condition is that the Department's method of analysis for the chosen matrix or biota taxon fulfils the minimum performance criteria laid down in Article 4 of Directive 2009/90/EC. Where those criteria are not met for any matrix, the monitoring must be carried out using the best available techniques not entailing excessive costs and the method of analysis for the relevant substance must perform at least as well as that available for the matrix specified in regulation 7.

9Monitoring#

Where a potential risk to, or via, the aquatic environment from acute exposure to one of the substances listed in Table 47 of Part 2 of Schedule 1 has been identified as a result of measured or estimated environmental concentrations or emissions, and where a biota or sediment environmental quality standard is being applied, the Department must—

(a)monitor the surface water; and

(b)where such environmental quality standards have been established, apply the MAC-EQS laid down in that Table.

10 #

Where, pursuant to Article 5 of Directive 2009/90/EC, the calculated mean value of a measurement, when carried out using the best available technique not entailing excessive costs, is referred to as “less than limit of quantification”, and the limit of quantification of that technique is above the environmental quality standard, the Department must not use the result for the substance for the purposes of assessing the overall chemical status of that water body.

11 #

For substances for which an environmental quality standard for sediment and/or biota is applied, the Department must, unless regulation 12 applies, monitor the substance in the relevant matrix at least once every year, unless technical knowledge and expert judgement justify another interval.

12 #

The Department may monitor the substances numbered 5, 21, 28, 30, 35, 37, 43 and 44 in Table 47 of Part 2 of Schedule 1 less intensively than is required for priority substances under regulation 11 and Annex V to the Water Framework Directive, provided that the monitoring—

(a)is representative and a statistically robust baseline is available regarding the presence of those substances in the aquatic environment; and

(b)takes place for each of the substances at least every three years, unless technical knowledge and expert judgment justify another interval.

13 #

(1)On the basis of monitoring of surface water status carried out in accordance with Article 8 of the Water Framework Directive, the Department must conduct a long-term trend analysis of concentrations of those priority substances listed in Table 47 of Part 2 of Schedule 1 that tend to accumulate in sediment and/or biota, giving particular consideration to the substances numbered 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28, 30, 34, 35, 36, 37, 43 and 44.

(2)The Department must take measures aimed at ensuring, subject to Article 4 of the Water Framework Directive, that such concentrations do not significantly increase in sediment and/or relevant biota.

14 #

The Department must carry out monitoring under regulation 13(1) in sediment and/or biota so as to provide sufficient data for a reliable long-term trend analysis. The monitoring should take place every three years, unless the Department's technical knowledge and expert judgement justify another interval.

15Watch List#

(1)The Department must, within the deadlines set out in paragraph (3), monitor each substance in the watch list produced by the Commission ^note, immediately before exit day, under Article 8b (1) and (2) of the Directive.

(2)The monitoring referred to in paragraph (1) must be carried out—

(a)at selected monitoring stations over at least a 12-month period; and

(b)in accordance with any Commission guidance published for these purposes under Article 8b of the the Directive, immediately before exit day.

(3)The Department must select at least one monitoring station.

(4)The 12-month monitoring period must—

(a)for each substance included in the watch list as first established by Commission Implementing Decision (EU) 2015/495 ^note, commence on 24th October 2015; and

(b)for each substance included in subsequent lists produced immediately before exit day, commence within six months of its inclusion in the list.

(5)In selecting representative monitoring stations, and the monitoring frequency and timing for each substance, the Department must—

(a)take into account the use patterns and possible occurrence of the substance; and

(b)ensure that monitoring is carried out at each station at least once per year.

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.

17 #

(1)The Department must publish the results of the monitoring carried out pursuant to regulation 15 ^note... in accordance with the following deadlines—

(a)for the first watch list, within 21 months of the establishment of the watch list; and every 12 months thereafter while the substance is kept on the list.

(b)for each substance included in subsequent lists, within 21 months of the inclusion of the substance in the watch list, and every 12 months thereafter while the substance is kept on the list.

(2)The results referred to in paragraph (1) must include information on the representativeness of the monitoring stations and monitoring strategy.

18Intermittent Standards#

The Department must apply the standards for intermittent discharges specified in Part 4 of Schedule 1.

19Standards for shellfish waters#

(1)The Department must apply the standards for shellfish waters specified in Table 1 of Part 1 of Schedule 5 and endeavour to respect the guideline standard for salinity in Table 2 of Part 1 of Schedule 5.

(2)The Department must endeavour to respect the guideline values and comments specified in Part 2 of Schedule 5.

20Classification of surface waters#

(1)Subject to paragraph (2), the Department must classify each body of surface water identified for the purposes of regulation 6 of the 2017 Regulations according to its ecological status, or its ecological potential as the case may be, and its chemical status.

(2)The Department must classify—

(a)the ecological status of bodies of surface water in accordance with Part 1 of Schedule 2;

(b)the chemical status of bodies of surface water in accordance with Part 2 of Schedule 2;

(c)the ecological potential of heavily modified and artificial bodies of surface water in accordance with Part 3 of Schedule 2.

(3)The results of classification in accordance with paragraph (1) and paragraph (2) must be reported within each river basin management plan as follows—

(a)a map for the relevant river basin district illustrating the classification of the ecological status for each body of surface water, colour-coded in accordance with Table 1 of Schedule 4;

(b)a map for the relevant river basin district illustrating the classification of the ecological potential of each body of surface water designated as artificial or heavily modified, colour-coded in accordance with Table 2 of Schedule 4;

(c)a black dot on the relevant map produced under sub-paragraphs (a) and (b) to indicate each body of surface water where failure to achieve good status or good ecological potential is due to non-compliance with one or more of the environmental quality standards that have been established for relevant specific pollutants;

(d)a map for the relevant river basin district illustrating the classification of chemical status for each body of surface water, colour-coded in accordance with Table 3 of Schedule 4.

(4)The overall status of bodies of surface water must be determined in accordance with Part 5 of Schedule 2.

(5)The Department must review the classification required by paragraph (1) at least once in every six years ^note....

21Classification of Groundwater#

(1)The Department must classify each body of groundwater identified for the purposes of regulation 6 of the 2017 Regulations according to its chemical status in accordance with regulation 9 of the Groundwater Regulations (Northern Ireland) 2009 ^note.

(2)The Department must classify each body of groundwater identified for the purposes of regulation 6 of the 2017 Regulations according to its quantitative status in accordance with Schedule 3.

(3)The results of classification in accordance with paragraph (1) and paragraph (2) must be reported within each river basin management plan as follows—

(a)a map for the relevant river basin district illustrating the classification of the chemical status for each body of groundwater, colour-coded in accordance with Table 4 of Schedule 4;

(b)a map for the relevant river basin district illustrating the classification of the quantitative status for each body of groundwater, colour-coded in accordance with Table 5 of Schedule 4.

(4)The Department must review the classification required by paragraphs (1) and (2) at least once in every six years ^note....

22Designation of Mixing Zones#

(1)The Department may designate mixing zones adjacent to points of discharge.

(2)Concentrations of one or more substances listed in Table 47 of Part 2 of Schedule 1 may exceed the relevant standards within mixing zones if they do not affect the compliance of the rest of the body of surface water with those standards.

(3)The extent of any mixing zone must be restricted to the proximity of the point of discharge and must be proportionate, having regard to concentrations of pollutants at the point of discharge and any conditions contained within the discharge consent or permit.

(4)The Department must include information about designated mixing zones in river basin management plans. The information must include a description of:

(a)the approaches and methodologies applied to define mixing zones;

(b)measures taken with a view to reducing the extent of mixing zones in the future.

23Inventory of emissions, discharges and losses#

(1)The Department must continue to maintain an inventory, including maps if available, of emissions, discharges and losses of all substances and pollutants listed in Table 47 of Part 2 of Schedule 1 for each river basin district or part of a river basin district, including their concentrations in sediment and biota, as appropriate.

(2)The Department must continue to update the inventories as part of the review of the analyses specified in Article 5(2) of the Water Framework Directive, and must publish the updated inventories in the corresponding river basin management plan.

(3)The reference period for the establishment of values in the inventories referred to in paragraph 1 must be the year before that analysis is to be completed, with the exception of priority substances or pollutants covered by Directive 91/414/EEC, where the entries may be calculated as the average of the three years before the completion of that analysis.

24Transboundary Pollution#

(1)If the Department is found to be in breach of its obligations under the Directive as a result of the exceedance of an environmental quality standard it shall be a defence for the Department if it can demonstrate that—

(a)the exceedance was due to a source of pollution outside its jurisdiction;

(b)it was unable as a result of such transboundary pollution to take effective measures to comply with the relevant environmental quality standard; and

(c)it had applied the coordination mechanisms set out in Article 3 of the Water Framework Directive and, as appropriate, taken advantage of the provisions of Article 4(4), (5) and (6) of that Directive for those water bodies affected by transboundary pollution.

(2)The Department must record measures it has taken to address the issue of transboundary pollution in the relevant river basin management plan.

25Coordination#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26Information to be included in River Basin Management Plan#

(1)The Department must include the following information in the updated river basin management plans produced in accordance with Article 13(7) of the Water Framework Directive—

(a)a table presenting the limits of quantification of the methods of analysis applied, and information on the performance of those methods in relation to the minimum performance criteria in Article 4 of Directive 2009/90/EC;

(b)for the substances for which the option in regulation 8 is used–

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

(ii)where relevant, the alternative environmental quality standard established evidence that those environmental quality standards would offer at least the same level of protection as the environmental quality standards laid down in Table 47 of Part 2 of Schedule 1, including the data and methodology used to derive the environmental quality standards, and the categories of surface water to which they would apply;

(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 Table 47 of Part 2 of Schedule 1, including information on the performance of those methods in relation to the minimum performance criteria laid down in Article 4 of Directive 2009/90/EC.

(c)justification for the frequency of monitoring applied in accordance with regulations 11 and 12, if monitoring intervals are longer than one year.

(2)The Department must take measures to ensure that the updated river basin management plans, containing the results and impact of the measures taken to prevent chemical pollution of surface water, and the interim report describing progress on the implementation of the planned programme of measures in accordance with Article 15(3) of the Water Framework Directive, are provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC of the European Parliament and of the Council on public access to environmental information ^note.

27Revocations and Savings#

The Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011 ^note are revoked.

28 #

The Water Framework Directive (Priority Substances and Classification) (Amendment) Regulations (Northern Ireland) 2012 ^note are revoked.

29 #

The Water Framework Directive (Priority Substances and Classification) (Amendment) Regulations (Northern Ireland) 2015 ^note are revoked.

Schedule 1

Part 1 · Criteria for identifying the types of river, lake or transitional water to which the environmental standards specified in Part 2 of this Schedule apply

(1)Subject to paragraph 2, to determine the dissolved oxygen, ammonia and biochemical oxygen demand standards applicable to a river or any part thereof, the Department must assign to that river or part thereof the Type specified in Table 1 below which corresponds with the applicable site altitude and applicable alkalinity range specified in that Table.

(2)Having assigned a Type in accordance with Table 1, the Department must assign the subsequent Type in accordance with column 1 of Table 2 below.

(3)To determine the morphological conditions applicable to a river or part thereof, the Department must assign to that river or part thereof the Type specified in Table 3 below which corresponds with the applicable descriptions in that Table.

(4)To determine the river flow standards applicable to a river or any part thereof, the Department must assign the Type specified in column 1 of Table 4 below which corresponds to the applicable descriptions specified in columns 2, 3 and 4 of that Table.

(5)To determine the total phosphorus standards to apply to a lake or any part thereof, the Department must assign to that lake or part thereof the appropriate geological category, depth category and colour category specified in Tables 5, 6 and 7 below respectively.

(6)To determine the lake level standards applicable to a lake or any part thereof, the Department must assign the Type specified in Columns 1 and 2 of Table 8.

(7)To determine the morphological conditions applicable to a lake or any part thereof, the Department must assign the hydromorphological characteristics of the lake or part thereof as being of the type specified in column 1 of Table 9 below which corresponds to the applicable measurements specified in columns 3 and 4 of that Table.

Part 2 · Environmental Standards

(1)Once the Department has, in accordance with paragraphs 1 and 2 of Part I of this Schedule, assigned to a river or any part thereof a Type—

(a)specified in column 1 of Table 1 below, it must apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” dissolved oxygen standard specified in columns 2, 3, 4, 5 and 6 respectively of that Table to that river or part thereof;

(b)specified in column 1 of Table 2 below, it must apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” ammonia standard specified in columns 2, 3, 4, 5 and 6 respectively of that Table to that river or part thereof;

(c)specified in column 1 of Table 3 below, it must apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” biochemical oxygen demand standard specified in columns 2, 3, 4, 5 and 6 respectively of that Table to that river or part thereof.

(2)The Department must apply the “high”, “good”, “moderate”, “poor” or “bad” biochemical oxygen demand standard specified in Table 3 below only for the purpose of deciding action to meet the standard for dissolved oxygen.

(3)The Department must apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” reactive phosphorus standard to that river or part thereof, calculated in accordance with the formula specified in sub paragraph (a)—

(a)RP standard = 10^((1.0497 x log₁₀(A)+1.066) x (log₁₀(reference condition RP)- log₁₀(3,500)) + log₁₀(3,500));

(b)In relation to the above formula—

• “RP standard” is the annual mean concentration of reactive phosphorus in ug/l estimated for the lower class boundary of high, good, moderate and poor ecological status, depending on the value of “A” used;• “A” has the value 0.702 when calculating the standard for high; 0.532 when calculating the standard for good; 0.356 when calculating the standard for moderate; and 0.166 when calculating the standard for poor;• “reference condition RP” = 10^(0.454 (log₁₀alk) – 0.0018 (altitude) + 0.476) and represents the annual mean concentration of reactive phosphorus at near natural conditions. If the predicted value of reference condition RP is <7ug/l, reference condition RP is set to 7ug/l;• “log₁₀alk” means log₁₀(alkalinity), where alkalinity is the concentration of CaCO₃ in mg/l. For sites with an alkalinity greater than 250, alkalinity is set to 250. For sites with an alkalinity less than 2, it is set to 2;• “altitude” means the site's altitude above sea level in metres. For sites with an altitude greater than 355 metres, altitude is set to 355 metres.

(4)The Department must apply, as applicable, the “high”, “good” “moderate” or “poor” temperature standards specified in columns 2, 3, 4 and 5 respectively of Table 4 below.

(5)The Department must apply, as applicable, the “high”, “good”, “moderate” or “poor” acid condition standards specified in columns 2, 3, 4 and 5 of Table 5 to any river or part thereof.

(6)

(1)Once the Department has, in accordance with paragraph 4 of Part 1 of this Schedule, assigned to a river or part thereof a Type specified in column 1 of Tables 6, 7, 8 or 9 below, it must apply, as applicable, the “high”, “good”, “moderate” or “poor” river flow standards as specified by the boundary values in those Tables to that river or part thereof.

(2)The Department may, when assessing the water balance results against the “high”, “good”, “moderate” and “poor” boundary values, take into account the spatial extent of the river flow standard based upon the contiguous length or percentage length of the river water body.

(3)The result of this classification shall be used only to determine “high” status in accordance with Part 1 of Schedule 2.

(7)The Department must apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” dissolved oxygen standard specified in Table 10 below to all lakes or parts of such lakes.

(8)The Department must apply the “good” salinity standard specified in Table 11 below to all lakes or parts of such lakes.

(9)Once the Department has, in accordance with paragraph 5 of Part 1 of this Schedule, assigned to a lake or part thereof a geological category, depth category and colour category specified in Tables 5, 6 and 7 in that Part, it must apply, as applicable, the “high”, “good”, “moderate”, “poor” or “bad” total phosphorus standard to that lake or part thereof, calculated in accordance with the formulae specified in columns 1, 2, 3, 4 and 5 respectively of Table 12 below, where in relation to those formulae—• “R” represents the annual mean total phosphorus concentration expected for the lake in the absence of more than very minor phosphorus inputs to the lake resulting from human activities and, where a reliable estimate of ‘C’ is available, shall have the value given by the formula: Antilog₁₀ [1.36 – (0.09 x A) + (0.24 x B)] for non-humic lakes; and Antilog₁₀ [1.62 – (0.09) x A + (0.24 x B)] for humic lakes;• “A” = Log₁₀ of the altitude in metres above mean sea level of the lake;• “B” = Log₁₀ (C÷D);• “C” = the mean alkalinity of the lake in milli-equivalents per litre estimated for the lake;• “D” = the mean depth of the lake in metres;• “H” = 0.755 + (0.012 x C) – (0.001 x D); or 0.7, whichever is larger value; and• “G” = 0.506 + (0.023 x C) – (0.002 x D); or 0.46, whichever is the larger value.

(10)If the Department does not have the necessary data to calculate the total phosphorus standard applicable to a lake or part thereof in accordance with paragraph 8, it must apply, as applicable to the lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” total phosphorus standard specified in column 2, 3, 4, 5 and 6 respectively, of Table 13 below which corresponds with the combination of geological category and depth categories specified in column 1 of that Table that is applicable to the lake or part thereof.

(11)Once the Department has assigned the characteristics of a lake or part thereof, in accordance with paragraph 7 of Part I of this Schedule, it must apply, as applicable, to the lake or part thereof the “high”, “good”, “moderate” or “poor” lake standards specified in columns 1,2, 3 and 4 of Table 14.

(12)The Department must apply, as applicable, the dissolved oxygen standards for “high”, “good”, “moderate”, “poor” or “bad” specified in Table 15 and Table 16 below to transitional or coastal waters or parts thereof.

(13)The Department must apply, as applicable, the dissolved inorganic nitrogen standards for “high”, “good”, “moderate”, “poor” or “bad” specified in Table 17 below to transitional or coastal waters or parts thereof.

(14)The Department must apply, as applicable, the standards for specific pollutants given in Tables 18 to 47 below to surface waters or parts thereof.

Environmental Standards for River Water Quality

Environmental Standards for Lake Water Quality

Environmental Standards for Transitional and Coastal Water Quality

Environmental Standards for Specific Pollutants

Environmental Standards for Priority Substances and other Substances

Part 3 · Boundary values for biological quality elements

(1)The Department must apply, as applicable, to any river or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” benthic invertebrate fauna boundary value for rivers specified in Tables 1 and 2 below.

(2)The Department must apply, as applicable, to any river or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytobenthos boundary value for rivers specified in Table 3 below.

(3)The Department must apply, as applicable, to any river or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic macrophyte boundary value for rivers specified in Table 4 below.

(4)The Department must apply, as applicable, to any river or part thereof, the “high”, “good”, “poor” or “bad” freshwater fish boundary value for rivers specified in Table 5 below.

(5)To determine the phytoplankton and phytobenthos boundaries to apply to a lake or any part thereof, the Department must assign to that lake or any part thereof, the appropriate geological category, depth category and colour category specified in Schedule 1 Part 1, Tables 5, 6 and 7 respectively.

(6)The Department must apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytoplankton boundary values for lakes specified in columns 2, 3, 4, 5 and 6 of Table 6 below and columns 2, 3, 4, 5 and 6 of Table 7 below and columns 2 and 3 of Table 8 below respectively.

(7)The Department must apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytobenthos boundary value for lakes specified in Table 9 below.

(8)The Department must apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic macrophyte boundary value for lakes specified in Table 10 below.

(9)The Department must apply, as applicable, to any lake or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” freshwater fish boundary value for lakes specified in Table 11 below.

(10)The Department must apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” benthic invertebrate fauna boundary values for transitional and coastal waters specified in Tables 12 and 13 below.

(11)The Department must apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic angiosperm boundary value for transitional and coastal waters specified in Table 14 below.

(12)The Department must apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” phytoplankton boundary value for transitional and coastal waters specified in Table 15 below.

(13)The Department must apply, as applicable, to any transitional water, coastal water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” aquatic macroalgae boundary values for transitional and coastal waters specified in Tables 16 and 17 below.

(14)The Department must apply, as applicable, to any transitional water or part thereof, the “high”, “good”, “moderate”, “poor” or “bad” fish boundary value for transitional waters specified in Table 18 below.

Part 4 · Intermittent Discharge Standards

Schedule 2

Part 1 · Determining Ecological Status of Surface Waters that are not designated Heavily Modified or Artificial

(1)The Department must classify the ecological status of surface water bodies that are not designated as heavily modified or artificial in accordance with the following steps:

(a)estimate representative values of appropriate indicators of the condition of the relevant biological, physiochemical and hydromorphological quality elements from monitoring or modelling results. The appropriate indicators shall include:

(i)indicators of biological and other quality elements expected to be most sensitive to the pressures to which the water body is subject;

(ii)the values for physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard ;

(iii)the concentrations of those specific pollutants likely to be in the water body in quantities that could cause a failure of a specific pollutant;

(iv)the concentrations of those priority substances likely to be in the water body in quantities that could cause failure of chemical status; and

(v)the criteria for hydromorphological elements relevant to high status.

(b)compare the values of the appropriate indicators estimated from monitoring or modelling with the applicable standards and biological boundary values in Schedule 1 of these Regulations.

(c)classify the ecological status of the water body as “high” if the values of all the appropriate indicators of the biological, physicochemical, chemical and hydrological quality elements comply with the highest corresponding standards given in Schedule 1; the assessment of morphological condition carried out in accordance with Part 4 paragraph 1 of this Schedule reflects totally or nearly totally undisturbed conditions; and there is no evidence that a high impact alien species, as identified on the Ecoregion 17 list, has become established and is having an ecological effect on the water body.

(d)where the biological quality elements and the general chemical and physiochemical elements and specific pollutants are high and the chemical status is good but the hydromorphological status is less than high, then the overall status of the surface water body is “good”.

(e)where a surface water body is not classified as “high” ecological status in accordance with paragraph 1(c), the Department must classify the ecological status of the surface water body according to the lowest classed biological or physicochemical quality element. If the lowest classed quality element is a specific pollutant or other physicochemical quality element, the class assigned shall be no lower than “moderate” ecological status.

(2)In this part, “high impact alien species” means a non-native species of plant or animal that has a detrimental effect on the aquatic ecology or environment.

Part 2 · Determining Chemical Status of Surface Waters

(1)The Department must classify the chemical status of surface water bodies in accordance with the following steps:

(a)estimate from monitoring or modelling results the concentrations in the surface water body of appropriate priority substances listed in Schedule 1 of these Regulations. The appropriate substances shall include those likely to be in the surface water body in quantities that could cause a failure of the corresponding environmental quality standard.

(b)compare the values of the appropriate substances estimated from monitoring or modelling with the applicable standards in Schedule 1.

(c)classify the chemical status of the surface water body as good unless the standard for one or more priority substances is failed. If one or more is failed, classify as failing to achieve good chemical status.

Part 3 · Determining Ecological Potential of Heavily Modified and Artificial Water Bodies

(1)The Department must classify a surface water body designated as heavily modified or artificial as—

(a)“good ecological potential” if the following conditions are met:

(i)all applicable mitigation measures have been taken; and

(ii)the values of all the indicators of the quality elements not sensitive to hydromorphological pressures related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “high” or “good”.

(b)“moderate ecological potential” if the following conditions are met:

(i)not all applicable mitigation measures have been taken and the values of one or more of the indicators of the quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “high”, “good” or “moderate”; or

(ii)all applicable mitigation measures have been taken and the values of one or more of the indicators of the quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “moderate”.

(c)“poor ecological potential” if the values of one or more of the indicators of the biological quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation achieve the standards for “poor”.

(d)“bad ecological potential” if the values of one or more of the indicators of biological quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation achieve the standards for “bad”.

(2)In order to determine how to classify surface water bodies designated as heavily modified or artificial in accordance with paragraph 1, the Department must —

(a)determine whether or not all practicable mitigation has been taken to improve the modified or artificial hydromorphological characteristics of the surface water body other than that which would have a significant adverse impact on:

(i)the use served by the modified or artificial characteristics; or

(ii)the wider environment.

(b)estimate representative values of indicators of the condition of the relevant biological and physicochemical quality elements from monitoring or modelling results. The indicators shall include:

(i)indicators of the biological quality elements which are not sensitive to the artificial or heavily modified characteristics of the water body;

(ii)the concentrations of those specific pollutants likely to be in the surface water body in quantities that could cause a failure of a specific pollutant standard; and

(iii)the values for those other physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard.

(c)compare the values of the indicators estimated from monitoring or modelling with the applicable standards in Schedule 1 of these Regulations.

(3)When determining whether all practicable mitigation has been taken, mitigation measures may be excluded which would contribute only a very minor improvement in the ecology of the water body.

Part 4 · Determining High Status for Morphological Elements

(1)The Department must monitor morphological conditions within relevant water bodies.

(a)Once the Department has, in accordance with paragraph 3 of Part 1 of Schedule 1, assigned a type to a river or part thereof, the Department must consider both direct and indirect pressures on the physical character of rivers at local scale, water body scale and catchment scale. The physical character of a river includes the condition of the channel bed, banks and riparian zone, channel pattern and river continuity. Classification shall be assigned according to the ecological quality ratio in the River Hyrdromorphology Assessment Technique specified in Table 1 of this Part.

(b)Once the Department has in accordance with paragraphs 7 of Part 1 of Schedule 1 assigned a type to a lake, the Department must consider both direct and indirect pressures on the physical character of lakes in the shore zone and open water. Morphological Condition Limits are used to represent thresholds of alteration in morphological conditions beyond which conditions could be altered in ways that could result in deterioration in status. A Morphological Condition Limit of 5% is the boundary between High Ecological Status and Good Ecological Status and a Morphological Condition Limit of 15% is the boundary between Good Ecological Status and Moderate Ecological Status.

(c)To assess the morphological condition of transitional and coastal water bodies, the Department must consider both direct and indirect pressures on the physical character of transitional and coastal waters at local scale, water body scale and catchment scale.

(2)High Status morphological condition must not be assigned to

(a)Any water body that has been identified as being at risk of failing to achieve good ecological status due to the extent of morphological pressures; or

(b)Any artificial or heavily modified water body.

Part 5 · Determining Overall Status of Surface Water Bodies

(1)The Department must determine the overall status of a surface water body, other than those designated as heavily modified or artificial, by combining the classification of ecological status and chemical status in one of the following and alternative ways:

(a)where the ecological and hydromorphological status of a surface water body is high and the chemical status of the surface water body is good, then the overall status of the surface water body is “high”.

(b)where the biological quality elements and the general chemical and physiochemical elements and specific pollutants are high and the chemical status is good but the hydromorphological status is less than high, then the overall status of the surface water body is “good”

(c)where the ecological status is good and the chemical status is good, then the overall status is “good”.

(d)where the ecological status is high, good or moderate, and the chemical status is failing to achieve good, then the overall status is “moderate”.

(e)where the ecological status is moderate and irrespective of chemical status, then the overall status is “moderate”.

(f)where the ecological status is poor or bad and irrespective of the chemical status, the overall status shall be the same classification as the ecological status, that is “poor” or “bad”.

Schedule 3 · Determining Quantitative status of Groundwater

(1)

(1)The Department must determine the quantitative status of a body of groundwater as follows—

(a)by determining whether or not one or more of the indicators in Column 1 of Table 1 are applicable to the body of groundwater; and

(b)if any of those indicators are applicable, by carrying out appropriate investigations to determine whether or not the criteria in Column 2 of Table 1 corresponding to the applicable indicator or indicators for poor quantitative status are satisfied.

(2)The body of groundwater must be classified as—

(a)“good groundwater quantitative status” where—

(i)none of the indicators set out in Column 1 of Table 1 are applicable, or

(ii)one or more of those indicators are applicable but none of the corresponding criteria for poor groundwater status set out in Column 2 of Table 1 are satisfied; and

(b)in any other case as “poor groundwater quantitative status”.

Schedule 4 · Presentation of monitoring results and classification

Schedule 5

Part 1 · Shellfish Waters Standards

Part 2 · Microbial Guideline Value

(1)In shellfish waters, the Department must endeavour to respect the microbial guideline value in the shellfish flesh and intervalvular liquid as set out in Table 1 to this Part, in addition to the mandatory standards set out in these Regulations.

(2)

(1)Subject to sub-paragraph (2), in relation to any period of 12 months, shellfish waters shall be treated as complying with the guideline value set out in Table 1 to this Part, if 75 per cent of the samples taken comply with the guideline value.

(2)Non-compliant samples may be ignored for the purposes of sub-paragraph (1) if they are the result of natural cause or force majeure.

(3)

(1)The Department must ensure that the guideline value adopted as a result of paragraph 1 and samples are analysed in accordance with the following provisions of this paragraph.

(2)Subject to sub-paragraph (1), sampling shall be carried out at least at the minimum frequency specified in Table 1 to this Schedule.

(3)Where sampling shows that the guideline value adopted as a result of paragraph 1 is not being met, the Department must establish whether this is the result of chance, a natural phenomenon or pollution, and must adopt appropriate measures to prevent deterioration.

(4)Samples shall be analysed using the reference methods of analysis specified in Table 1 to this paragraph or methods which are at least as reliable as the reference methods.

Schedule 6 · Modifications of Directives

Part 1 · Modifications 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 assimilated 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 assimilated 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”;

(b)in paragraph 8, the reference to “other Community environmental legislation” were a reference to assimilated 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 assimilated law implementing the Directive ”;

(b)for “Directive 80/778/EEC as amended by Directive 98/83/EC” there were substituted “ assimilated 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 assimilated 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 assimilated 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 assimilated 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;

(ii)in the third paragraph—

(aa)after “gathered under” there were inserted “ the assimilated 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)in section 1.3.5, the reference to “the Drinking Water Directive” were a reference to assimilated law which transposed Directive 98/83/EC on the quality of water intended for human consumption;

(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 assimilated 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 as last amended by Commission Directive 2014/80/EU”;

(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 assimilated law ”;

(b)point 10 were omitted.

Part 2 · Modifications 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 assimilated law;

(ii)the words “and Article 10 of Directive 2000/60/EC” were omitted.

Part 3 · Modifications 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.

Contains public sector information licensed under the Open Government Licence v3.0.