The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017

[F1 PART 2 N.I. Modifications of the Groundwater Directive

Textual Amendments

F1 Sch. 5 inserted (31.12.2020) by The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 12(12); 2020 c. 1, Sch. 5 para. 1(1)

1.   A reference to the Groundwater Directive, or to any provision of it, is to be read in accordance with this Part. N.I.

2.   When interpreting the Groundwater Directive for the purposes of these Regulations— N.I.

(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) any reference to “Community legislation” is to be read as if it were a reference to retained EU law;

(c) the Groundwater Directive is to be read as if the following modifications were made to it.

3.   Article 3 is to be read as if— N.I.

(a) in paragraph 3, the references to “two or more Member States” and “Member States concerned” are to be read as a reference to “Northern Ireland and the Republic of Ireland”;

(b) paragraph 4 were omitted;

(c) in paragraph 5, for “submitted” there were substituted “ produced ”.

4.   Article 5 is to be read as if, in each of paragraphs 4 and 5 for “submitted” there were substituted “ produced ”. N.I.

5.   Article 6(4) is to be read as if the words after “paragraph 3” were omitted. N.I.

6.   Article 12 were omitted. N.I.

7.   Annex 1 is to be read as if— N.I.

(a) in paragraph 1 the words “and established in accordance with Article 17 of that Directive” were omitted;

(b) in footnote 1 to the table in point 1, for “Article 2 of Directive 91/414/EEC and Article 2 of Directive 98/8/EC” there were substituted “ Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and Article 3 of 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 point 2, for “Directive 91/414/EEC or Directive 98/8/EC” there were substituted “ Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market or 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 ”.

8.   Annex 2 is to be read as if, in Part C— N.I.

(a) for “submitted” there were substituted “ produced ”;

(b) in point (c)(iii), for “at national, Union or” there were substituted “ in retained EU law or other applicable legislation, or at ”.]