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

Regulation 2(2)

SCHEDULE 1 N.I. Directive definitions

1.—(1) In the definitions in paragraph (2) (which derive from the Directive)— N.I.

(a) a reference to an Article or Annex is a reference to an Article or Annex of the Directive (unless otherwise specified) [F1 and Schedule 5 applies in relation to it];

(b) a reference to a regulation is a reference to a regulation in these Regulations.

(2) The definitions are—

“aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater.

“body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers.

“body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water.

“coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters.

“direct discharge of pollutants into groundwater” means the discharge of pollutants into groundwater without percolation through the soil or subsoil.

“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V.

“good ecological potential” means the status of a heavily modified or artificial water body classified as such in accordance with the relevant provisions of Annex V.

“good ecological status” means the status of a body of surface water classified as such in accordance with the relevant provisions of Annex V.

“good groundwater status” means the status of a body of groundwater when both its chemical and quantitative status are at least good.

“good groundwater chemical status” means the chemical status of a body of groundwater which meets all the conditions set out in table 2.3.2 of Annex V;

“good surface water status” means the status of a body of water when both its ecological and chemical status are at least good.

“good surface water chemical status” means the chemical status required to meet the environmental objectives for surface water established in Article 4(1)(a) of the Directive, that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and under Article 16(7), and under [F2 relevant retained EU law which sets environmental quality standards].

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

“groundwater status” is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status.

“hazardous substances” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate, and other groups of substances which give rise to an equivalent level of concern.

“inland water” means all standing and flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of the territorial sea is measured.

“lake” means a body of standing inland surface water.

“pollutant” means any substance liable to cause pollution, including those listed in Annex VIII to the Directive.

“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment.

“priority substance” and “priority hazardous substance” means a substance identified as such in Annex I to the EQS Directive.

“quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions.

“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course.

“river basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.

“surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters.

“surface water status” means the status of a body of surface water, determined by the poorer of its ecological status and chemical status.

“transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

“water services” means all services which provide, for households, public institutions or any economic activity:

(a)

abstraction, impoundment, storage, treatment and distribution of surface water or groundwater;

(b)

waste-water collection and treatment facilities which subsequently discharge into surface water.

“water use” means water services together with any other activity identified under Article 5 and Annex II having a significant impact on the status of water.

Textual Amendments

F1 Words in Sch. 1 para. 1(1)(a) inserted (31.12.2020) by The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 12(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 1 para. 1(2) substituted (31.12.2020) by The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 12(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

Regulation 2(1)

SCHEDULE 2 N.I. Enactments in relation to which duties in regulation 3 apply

1.  The Lough Neagh Drainage Acts (Northern Ireland) 1955 and 1970 M1 . N.I.

Marginal Citations

M1 1955 c.15 (N.I.) and 1970 c. 7 (N.I.)

2.  Fisheries Act (Northern Ireland) 1966 M2 . N.I.

Marginal Citations

M2 1966 c.17 (N.I.)

F3 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F3 Sch. 2 para. 3 omitted (31.12.2020) by virtue of The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 12(10); 2020 c. 1, Sch. 5 para. 1(1)

4.  The Drainage (Northern Ireland) (Order) 1973 M3 . N.I.

Marginal Citations

M3 S.I. 1973 No.69 (N.I. 1)

5.  Part II of the Food and Environment Protection Act 1985 M4 . N.I.

Marginal Citations

M4 1985 c. 48

6.  Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 M5 . N.I.

Marginal Citations

M5 S.I. 1997 No 2778 (N.I. 19)

7.  The Water (Northern Ireland) Order 1999 M6 . N.I.

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M6 S.I. 1999 No. 662 (N.I. 6)

8.  The Environment (Northern Ireland) Order 2002 M7 . N.I.

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M7 S.I. 2002 No 3153 (N.I. 7)

9.  The Water and Sewerage Services (Northern Ireland) Order 2006 M8 . N.I.

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M8 S.I. 2006 No. 3336 (N.I. 21)

10.  The Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990 M9 . N.I.

Marginal Citations

M9 S.R. 1990 No. 245

11.  The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996 M10 . N.I.

Marginal Citations

M10 S.R. 1996 No. 603

12.  The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003 M11 . N.I.

Marginal Citations

M11 S.R. 2003 No. 319

13.  The Anti-Pollution Works Regulations (Northern Ireland) 2003 M12 . N.I.

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M12 S.R. 2003 No. 7

14.  The Landfill Regulations (Northern Ireland) 2003 M13 . N.I.

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M13 S.R. 2003 No. 496

15.  The Waste Management Licensing Regulations (Northern Ireland) 2003 M14 . N.I.

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M14 S.R. 2003 No. 493

16.  The Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004 M15 . N.I.

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M15 S.R. 2004 No. 419

17.  The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005 M16 . N.I.

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M16 S.R. 2005 No. 32.

18.  The Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 M17 . N.I.

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M17 S.R. 2006 No. 482

19.  The Urban Waste Water Treatment Regulations (Northern Ireland) 2007 M18 . N.I.

Marginal Citations

M18 S.R. 2007 No. 187

20.  The Water Supply (Water Quality) Regulations (Northern Ireland) 2007 M19 . N.I.

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M19 S.R. 2007 No. 147

21.  The Quality of Bathing Water Regulations (Northern Ireland) 2008 M20 . N.I.

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M20 S.R. 2008 No. 231

22.  The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 M21 . N.I.

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M21 S.R. 2009 No. 252

23.  Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) M22 . N.I.

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M22 2009 c. 23

24.  The Private Water Supply Regulations (Northern Ireland) 2009 M23 . N.I.

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M23 S.R. 2009 No. 413

25.  The Water Environment (Floods Directive) Regulations (Northern Ireland) 2009 M24 . N.I.

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M24 S.R. 2009 No. 376

26.  The Groundwater Regulations (Northern Ireland) 2009 M25 . N.I.

Marginal Citations

M25 S.R. 2009 No. 254

27.  The Control of Pollution (Oil Storage) Regulations (Northern Ireland) 2010 M26 . N.I.

Marginal Citations

M26 S.R. 2010 No. 412

28.  The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M27 . N.I.

Marginal Citations

M27 S.R. 2013 No. 160

29.  The Nitrates Action Programme Regulations (Northern Ireland) 2014 M28 . N.I.

Marginal Citations

M28 S.R. 2014 No. 307

30.  The Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014 M29 . N.I.

Marginal Citations

M29 S.R. 2014 No. 308

31.  The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015 M30 . N.I.

Marginal Citations

M30 S.R. 2015 No.351

Regulation 20(2)(a)

F4 SCHEDULE 3 N.I. EU INSTRUMENTS FOR THE PROTECTION OF WATER

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

Textual Amendments

F4 Sch. 3 omitted (31.12.2020) by virtue of The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 12(11); 2020 c. 1, Sch. 5 para. 1(1)

Regulation 38

SCHEDULE 4 N.I. Consequential amendments

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

1.—(1) The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015 M31 are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1)—

(a) omit the definition of “the 2003 Regulations”;

(b) before the definition of “biological boundary value” insert—

““the 2017 Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017;”;

(c) in the definition of “river basin district” for “the 2003 Regulations” wherever it appears substitute “ the 2017 Regulations ”;

(d) for the definition of “river basin management plan” substitute—

““river basin management plan” has the same meaning as in the 2017 Regulations;”;

(e) for the definition of “shellfish waters” substitute—

““shellfish waters” means a shellfish water protected area designated in accordance with regulation 9 of the 2017 Regulations;”;

(3) In regulation 2(2) for “the 2003 Regulations” substitute “ the 2017 Regulations ”.

(4) For regulation 3(2) substitute—

“(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.”.

(5) In regulation 20(1) for “regulation 5 of the 2003 Regulations” substitute “ regulation 6 of the 2017 Regulations ”.

(6) In regulation 21(1) for “regulation 5 of the 2003 Regulations” substitute “ regulation 6 of the 2017 Regulations ”.

(7) In regulation 21(2) for “regulation 5 of the 2003 Regulations” substitute “ regulation 6 of the 2017 Regulations ”.

Marginal Citations

M31 S.R. 2015 No.351

The Water Environment (Floods Directive) Regulations (Northern Ireland) 2009 N.I.

2.—(1) The Water Environment (Floods Directive) Regulations (Northern Ireland) 2009 M32 are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(2)—

(a) omit the definition of “the 2003 Regulations”;

(b) before the definition of “the Department” insert—

““the 2017 Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017;”;

(c) for the definition of “international river basin district” substitute—

““international river basin district” has the same meaning as in the 2017 Regulations;”.

(d) for the definition of “river basin district” substitute—

““river basin district” has the same meaning as in the 2017 Regulations;”.

(3) For regulation 15 (Flood hazard maps and flood risk: co-ordination with the 2003 Regulations) substitute—

“Flood hazard maps and flood risk maps: co-ordination with the 2017 Regulations

15.— (1) The development of the first flood hazard maps and flood risk maps and their subsequent reviews shall be—

(a) co-ordinated with, and may be integrated into, the reviews required by regulations 5(2) and 7(2) of the 2017 Regulations; and

(b) carried out in such a way that the information they contain is consistent with the information provided under the 2017 Regulations.”.

(4) For regulation 18 (Flood risk management plans: co-ordination with the 2003 Regulations) substitute—

“Flood risk management plans: co-ordination with the 2017 Regulations

18.— (1) The development of the first flood risk management plans and their subsequent reviews shall be co-ordinated with, and may be integrated into, the reviews of the river basin management plans required by regulation 26 of the 2017 Regulations.

(2) The active involvement of the parties and bodies listed in regulation 19(4) in the development of the first flood risk management plans and their subsequent reviews shall be co-ordinated, as appropriate, with the active involvement of the persons listed in regulation 27(6) of the 2017 Regulations.”.

(5) In Part 1 of Schedule 3—

(a) in paragraph 4(e) for “the 2003 Regulations” substitute “ the 2017 Regulations ”;

(b) in paragraph 8 for “the 2003 Regulations” substitute “ the 2017 Regulations ”.

Marginal Citations

M32 S.R. 2009 No.376

The Marine Strategy Regulations 2010 N.I.

3.  In Schedule 2 to the Marine Strategy Regulations M33 , for the “the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003” substitute “ the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 ”.

Marginal Citations

M33 S.I. 2010/1627, to which there are amendments not relevant to these Regulations

The Groundwater Regulations (Northern Ireland) 2009 N.I.

4.—(1) The Groundwater Regulations (Northern Ireland) 2009 M34 are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1)—

(a) before the definition of “the Appeals Commission” insert—

““the 2017 Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017;”;

(b) for the definition of “baseline level” substitute—

““baseline level” means the average value measured at least during the reference years 2007 and 2008 on the basis of monitoring in accordance with a programme prepared under regulation 11 of the 2017 Regulations;”;

(c) for the definition of “river basin district and international river basin districts” substitute—

““river basin district and international river basin districts” mean—

(a) an area identified by regulation 4(1) of the 2017 Regulations, being the main unit for the management of river basins for the purposes of the Water Framework Directive and being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water;

(b) the North Eastern River Basin District; or

(c) the Neagh Bann, North Western and Shannon International River Basin Districts;”.

(3) In regulations 9(2) and 9(3) for “subparagraph” substitute “ paragraph ”.

(4) In regulations 10(1), 10(3), 10(7), 10(8), 11(1) and 23(2) for “sub-paragraph” substitute “ paragraph ”.

(5) For regulation 10(4) substitute—

“(4) The sources mentioned in paragraph (3) are—

(a) the monitoring programmes for groundwater—

(i) established under the provisions specified in regulation 11 of the 2017 Regulations; and

(ii) designed in accordance with the requirements of those provisions and paragraphs 1 and 2(a) and (b) of Part A of Annex IV to the Directive; and

(b) for the purposes of identifying trends for the first river basin management plan, any data deemed relevant by the Department and gathered before the start of the monitoring programmes under sub-paragraph (4)(a).”.

(6) Omit regulation 10(9).

(7) For regulation 11(2) substitute—

“(2) The provision specified in this paragraph is regulation 26 of the 2017 Regulations.”.

(8) For regulation 14(2) substitute—

“(2) Each programme of measures established under regulation 12 of the 2017 Regulations must include measures to prevent the input of hazardous substances into groundwater.”.

(9) For regulation 15(2) substitute

“(2) Each programme of measures established under regulation 12 of the 2017 Regulations must include measures to limit the input of non-hazardous pollutants into groundwater.”.

(10) In regulation 19(2) for “Sub paragraph” substitute “ paragraph ”.

Marginal Citations

M34 S.R. 2009 No.254

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

5.  In regulation 2(2) of the Quality of Bathing Waters (Northern Ireland) Regulations 2008 M35 for the definition of “Water Framework Regulations” substitute—

““Water Framework Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017.”.

Marginal Citations

M35 S.R. 2008 No.231

The Chemical Analysis of Water Status (Technical Specifications) Regulations (Northern Ireland) 2011 N.I.

6.—(1) The Chemical Analysis of Water Status (Technical Specifications) Regulations (Northern Ireland) 2011 M36 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)—

(a) omit the definition of “the 2003 Regulations”;

(b) for the definition of “protected area” insert—

““protected area” has the same meaning as in regulation 10(2) of the 2017 Regulations;”;

(c) for the definition of “river basin district and international river basin districts” substitute—

““river basin district” and “international river basin districts” have the same meaning as in regulation 2(1) of the 2017 Regulations;”;

(d) after the definition of “river basin district and international river basin districts” insert—

““the 2017 Regulations” means the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017;”.

(3) In regulations 3 and 7 for “regulation 9 of the 2003 Regulations” substitute “ regulation 11 of the 2017 Regulations ”.

Marginal Citations

M36 S.R. 2011 No.238

Regulation 2(5)

[F5 SCHEDULE 5 N.I. Modification of Directives

Textual Amendments

F5 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)

PART 1 N.I. Modifications of the Directive

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

2.   When interpreting the 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 which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation or was able to exercise that discretion, so far as relating to Northern Ireland;

(b) a reference to Article 13 of the 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 retained EU 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 Directive is to be read as if the following modifications 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 retained EU law which sets environmental quality standards ”. N.I.

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

(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— N.I.

(a) in paragraph 1—

(i) in point (a)(iv), for “Article 16(1) and (8)” there were substituted “ the EQS Directive ”;

(ii) in point b (iii), for “paragraphs 2, 4 and 5 of Article 17” there were substituted “ the Groundwater Directive ”;

(b) in paragraph 8, the reference to “other Community environmental legislation” were a reference to retained EU law relating to the environment.

6.   Article 7(2) is to be read as if— N.I.

(a) for “at Community level under Article 16” there were substituted “ by retained EU law transposing the EQS Directive ”;

(b) for “Directive 80/778/EEC as amended by Directive 98/83/EC” there were substituted “ retained EU law transposing Directive 98/83/EC ”.

7.   Article 10 were omitted. N.I.

8.   Article 11(3) is to be read as if— N.I.

(a) in subparagraph (a), for the words from “required to implement” to the end, substitute “ under retained EU 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 retained EU 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 ”.

9.   Article 12 were omitted. N.I.

10.   In Article 13— N.I.

(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 ”.

11.   Article 15 is to be read as if— N.I.

(a) paragraphs 1 and 2 were omitted;

(b) in paragraph 3, for “submit” there were substituted “ produce ”.

12.   Article 24 were omitted. N.I.

13.   Annex 1 were omitted. N.I.

14.   Annex 2 is to be read as if— N.I.

(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 retained EU 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 retained EU 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”.

15.   Annex 4 is to be read as if— N.I.

(a) in paragraph (1)—

(i) in subparagraph (iii), for “Directive 76/160/EEC” there were substituted “ retained EU law transposing Directive 2006/7/EC ”;

(ii) in subparagraph (iv), after “under” (in both places it occurs) there were inserted “ retained EU law transposing ”;

(iii) in subparagraph (v), for “Directive 79/409/EEC” there were substituted “ retained EU law transposing Directive 2009/147/EC ”;

(b) in paragraph (2), the words “Community, national or local” were omitted.

16.   Annex 5 is to be read as if— N.I.

(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 retained EU 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 retained EU 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.

17.   Annex 6 is to be read as if Part A were omitted. N.I.

18.   Annex 7 is to be read as if, in Part A— N.I.

(a) in point 7.1, for “implement Community legislation” there were substituted “ under retained EU law ”;

(b) point 10 were omitted.

PART 2 N.I. Modifications of the Groundwater Directive

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 ”.

PART 3 N.I. Modifications of the EQS Directive

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

2.   When interpreting the EQS Directive for the purpose 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) the EQS 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) a reference to a provision of 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 quality were modified in accordance with paragraph 2(a);

(b) paragraph 5a were omitted.

4.   Article 4 is to be read as if— N.I.

(a) in paragraph (2)(b), for “referred to in Directive 2008/1/EC” there were substituted “ under the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 ”;

(b) in paragraph (3), the reference to “Community law” were a reference to retained EU law.

5.   Article 5 is to be read as if— N.I.

(a) references to Directive 91/414/EEC were read as references to Regulation (EC) 1107/2009;

(b) paragraph 3 were omitted.

6.   The following Articles were omitted— N.I.

(a) Article 6(1)(c) and (2);

(b) Article 7a;

(c) in Article 8a(1), the final sentence of the second subparagraph;

(d) Article 8b(4);

(e) Article 8c;

(f) Article 13.]