The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

Power to make provision in relation to monitoring of water quality

28.—(1) The appropriate authority may, by regulations, make provision, for the purposes of retained EU law which implemented Article 8 of the Water Framework Directive—

(a) specifying the technical specifications and standardised methods for analysis to be used when undertaking monitoring of the status of bodies of groundwater and surface water;

(b) specifying the national or international standards which must be conformed with when carrying out monitoring in bodies of surface water of biological quality elements and physico-chemical parameters.

(2) The provision which may be made under paragraph (1) includes—

(a) requiring a reference to 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(1) to be read as a reference to that Directive with modifications;

(b) requiring a reference to paragraph 1.3.6 of Annex 5 to the Water Framework Directive (or a reference which encompasses that paragraph) to be read as a reference to that paragraph with modifications;

(c) amending provision corresponding to the provision made by Commission Directive 2009/90/EC or by paragraph 1.3.6 of Annex 5 to the Water Framework Directive.

(3) Regulations under paragraph (1) may amend the WEWS Act or any subordinate legislation.

(4) The appropriate authority may exercise the power in paragraph (1) only to the extent that the authority considers it appropriate to do so as a result of scientific and technical progress.

(1)

OJ No L 201, 1.8.2009, p. 36.