The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 1623

Water Resources, England And Wales

The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2015

Made

24th August 2015

Laid before Parliament

24th August 2015

Laid before the National Assembly for Wales

24th August 2015

Coming into force

14th September 2015

The Secretary of State, acting in relation to river basin districts that are wholly in England, and the Welsh Ministers, acting in relation to river basin districts that are wholly in Wales, and the Secretary of State and the Welsh Ministers acting jointly in relation to river basin districts that are partly in England and partly in Wales, make these Regulations in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972(1).

The Secretary of State is designated for the purposes of that section in relation to matters relating to the environment(2), and the Welsh Ministers are designated for the purposes of that section in relation to water resources(3).

Citation and commencement E+W

1.  These Regulations may be cited as the Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2015 and come into force on 14th September 2015.

Commencement Information

I1 Reg. 1 in force at 14.9.2015, see reg. 1

Amendments to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 E+W

2.  The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003(4) are amended in accordance with regulations 3 to 13.

Commencement Information

I2 Reg. 2 in force at 14.9.2015, see reg. 1

Regulation 2 (interpretation) E+W

3.—(1) In regulation 2(1)—

(a) omit the definition of “the Assembly”;

(b) for the definition of “the Directive”, substitute—

““the Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy(5);”;

(c) in the definition of “environmental objectives”, after “(waters used for the abstraction of drinking water)”, insert “, and the EQS Directive”;

(d) in the definition of “public body”, for “or the Assembly” substitute “, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government”;

(e) insert each of the following in the appropriate place—

““the EQS Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy(6);”;

““existing obligations” means the obligations (on environmental quality standards in the field of water policy) under Directive 2008/105/EC (“the original Directive”) before it was amended by Directive 2013/39/EU 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;”;

““the table of priority substances” means the table in Part A of Annex I to the EQS Directive;”.

(2) In regulation 2(1B)—

(a) in the opening words and in paragraphs (a) and (b), omit each “and each of its principal regional offices”; and

(b) in paragraph (c), omit “and each of their principal regional offices”.

Commencement Information

I3 Reg. 3 in force at 14.9.2015, see reg. 1

Regulation 3 (the general duties) E+W

4.—(1) In regulation 3(1)—

(a) for “the Assembly”, substitute “the Welsh Ministers”; and

(b) after “of the Directive”, insert “and the EQS Directive”.

(2) In regulation 3(2), for “of the Directive for the achievement of its environmental objectives”, substitute “of the Directive and the EQS Directive for the achievement of the environmental objectives”.

Commencement Information

I4 Reg. 4 in force at 14.9.2015, see reg. 1

Regulation 9 (monitoring) E+W

5.  In regulation 9, after paragraph (4) insert—

“(5) By 22nd December 2018, the appropriate agency must establish, for each river basin district, a monitoring programme in respect of substances 34 to 45 in the table of priority substances.”.

Commencement Information

I5 Reg. 5 in force at 14.9.2015, see reg. 1

Regulation 10 (environmental objectives and programmes of measures) E+W

6.  In regulation 10, after paragraph (5) insert—

“(6) Without prejudice to the existing obligations, the appropriate authority must ensure that a programmes of measures updated by 22nd December 2015, or subsequently, under paragraph (5)(a)(iii) includes measures for the purpose of aiming to achieve good surface water chemical status by 22nd December 2021 in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances.”.

Commencement Information

I6 Reg. 6 in force at 14.9.2015, see reg. 1

New regulation 10A (further programmes of measures) E+W

7.  After regulation 10 insert—

“Further programmes of measures in relation to certain priority substances

10A.— (1) The appropriate agency must, by 22nd December 2018, establish a preliminary programme of measures for each river basin district in relation to substances 34 to 45 in the table of priority substances.

(2) For the purposes of a programme of measures to be updated under regulation 10(5)(a)(iii) by 22nd December 2021, the appropriate agency must, by such date as the appropriate authority directs, prepare and submit to the appropriate authority proposals for a final programme of measures for the purposes of aiming to achieve good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(3) Regulation 10(2) applies to the preparation by the appropriate agency of its proposals under paragraph (2) as it does to proposals under regulation 10(1).

(4) Without prejudice to the existing obligations, the appropriate authority must ensure that, for each river basin district, the programme of measures updated under regulation 10(5)(a)(iii) by 22nd December 2021 contains measures for the purposes of aiming to achieve good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(5) Regulation 10(3) and (4) applies in relation to proposals for a programme of measures submitted to the appropriate authority under paragraph (2) as it does to proposals submitted under regulation 10(1).

(6) The appropriate authority must ensure that the measures referred to in paragraph (4) are made operational as soon as possible after 22nd December 2021, and at the latest by 22nd December 2024.”.

Commencement Information

I7 Reg. 7 in force at 14.9.2015, see reg. 1

Regulation 11 (river basin management plans) E+W

8.—(1) In regulation 11(2)(b), after “the Directive” insert “and the EQS Directive”.

(2) After regulation 11(3) insert—

“(3A) The relevant provisions of the EQS Directive for the purposes of this regulation are—

(a) Article 3(5) (information about monitoring and analysis, including alternative matrices);

(b) Article 4(2) (information relating to mixing zones);

(c) Article 5(4) (updated inventories).”.

Commencement Information

I8 Reg. 8 in force at 14.9.2015, see reg. 1

Regulation 18 (publication of information) E+W

9.  In regulation 18, after paragraph (3) insert—

“(4) The appropriate authority must ensure that an interim report describing progress in the implementation of the planned programme of measures required to be produced under Article 15(3) of the Directive is made available via 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(7).”.

Commencement Information

I9 Reg. 9 in force at 14.9.2015, see reg. 1

New regulation 18A E+W

10.  After regulation 18 insert—

“Coordination

18A.— (1) This regulation applies where the results of a report under Article 7a of the EQS Directive show that additional measures at European Union or member State level may be necessary in order to facilitate compliance with the Directive in relation to a particular substance approved pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market(8) or Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products(9).

(2) The competent authority must apply Article 44 of Regulation (EC) No 1107/2009 or Article 48 of Regulation (EU) No 528/2012, as appropriate, to the relevant substance referred to in paragraph (1), or products containing that substance.

(3) In applying the provisions referred to in paragraph (2), the competent authority must take into account any risk evaluations and socio-economic or cost-benefit analyses required under Regulation (EC) No 1107/2009 or Regulation (EU) No 528/2012, including as regards the availability of alternatives.

(4) The competent authority for the purposes of this regulation is the person defined as the competent authority for England or Wales—

(a) in respect of Regulation (EC) No 1107/2009, under regulation 3 of the Plant Protection Products Regulations 2011(10);

(b) in respect of Regulation (EU) No 528/2012, under regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013(11).”.

Commencement Information

I10 Reg. 10 in force at 14.9.2015, see reg. 1

Schedule 1 (Directive definitions) E+W

11.  In Schedule 1, in the appropriate place insert—

““Good surface water chemical status” means the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a), 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 other relevant EU legislation setting environmental quality standards at EU level.”.

Commencement Information

I11 Reg. 11 in force at 14.9.2015, see reg. 1

Schedule 2 (enactments in relation to which duties in regulation 3 apply) E+W

12.—(1) In Part 1 of Schedule 2—

(a) renumber paragraphs 4 to 6 as paragraphs 3 to 5;

(b) after newly numbered paragraph 5 insert—

“6.   The Land Drainage Act 1991(12).”;

(c) renumber paragraph 7A as paragraph 8; and

(d) after newly numbered paragraph 8 insert—

“9.   The Flood and Water Management Act 2010(13).”.

(2) For Part 2 of Schedule 2, substitute the Part in the Schedule to these Regulations.

Commencement Information

I12 Reg. 12 in force at 14.9.2015, see reg. 1

Further miscellaneous amendments E+W

13.—(1) For regulation 4, substitute—

“4.— (1) The areas shown on the official map are identified as river basin districts for the purposes of these Regulations.

(2) In this regulation, “the official map” means the map of river basin districts produced by the Agency and published on its website.

(3) The NRBW must ensure that the official map is published on its website.

(4) The Agency and the NRBW must ensure that the official map is made available to the public at their principal offices.”.

(2) In regulation 12(5)(a), for each “English Nature” substitute “Natural England”.

(3) In regulation 16(3), for “Agency” substitute “appropriate agency”.

(4) In regulation 17, for “the Assembly” substitute “the Welsh Ministers”.

(5) In the following regulations, omit each “and each of its principal regional offices”—

(a) regulation 12(2)(a);

(b) regulation 13(1)(a);

(c) regulation 14(3)(a).

Commencement Information

I13 Reg. 13 in force at 14.9.2015, see reg. 1

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

24th August 2015

Huw Lewis

On behalf of the Minister for Natural Resources One of the Welsh Ministers

20th August 2015

Regulation 12(2)

SCHEDULE E+W New Part 2 of Schedule 2 to the 2003 Regulations

Commencement Information

I14 Sch. in force at 14.9.2015, see reg. 1

“PART 2 E+W Subordinate instruments

10.   The Sludge (Use in Agriculture) Regulations 1989(14).

11.   The Urban Waste Water Treatment (England and Wales) Regulations 1994(15).

12.   The Surface Waters (Shellfish) (Classification) Regulations 1997(16) and the Surface Waters (Shellfish) Directions 2010(17).

13.   The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999(18).

14.   The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003(19).

15.   The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003(20).

16.   The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009(21).

17.   The Environmental Permitting (England and Wales) Regulations 2010(22).

18.   The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010(23).

19.   The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Wales) Regulations 2010(24).

20.   The Natural Resources Body for Wales (Establishment) Order 2012(25).

21.   The Bathing Water Regulations 2013(26).

22.   The Nitrate Pollution Prevention (Wales) Regulations 2013(27).

23.   The Keeping and Introduction of Fish (Wales) Regulations 2014(28).

24.   The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015(29).

25.   The Nitrate Pollution Prevention Regulations 2015(30).

26.   The Environmental Damage (Prevention and Remediation) (England) Regulations 2015(31).”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242) (“the 2003 Regulations”). They transpose aspects of Directive 2013//39/EU of the European Parliament and of the Council amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy (OJ No L 226, 24.8.2013, p1).

The Regulations also make miscellaneous amendments to the 2003 Regulations, including updating the list of enactments in Schedule 2 to which certain duties in regulation 3 of the 2003 Regulations apply.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. A transposition note is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

(1)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

(2)

S.I. 2008/301.

(3)

S.I. 2003/2901, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2003/3242, amended by S.I. 2013/755 (W.90); there are other amending instruments but none is relevant.

(5)

OJ No L 327, 22.12.2000, p1, as last amended by Commission Directive 2014/101/EU (OJ No L 311, 31.10.2014, p32). The effect of section 20A of the Interpretation Act 1978 (c.30) is that the updated reference to Directive 2000/60/EC is to that Directive as last amended by Commission Directive 2014/101/EU.

(6)

OJ No L 348, 24.12.2008, p84, as last amended by Directive 2013/39/EU (OJ No L 226, 24.8.2013, p1).

(7)

OJ No L 41, 14.2.2003, p26.

(8)

OJ No L 309, 24.11.2009, p1, as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p1).

(9)

OJ No L 167, 27.6.2012, p1, as last amended by Regulation (EU) No 334/2014 (OJ No L 103, 5.4.2014, p22).

(10)

S.I. 2011/2131, to which there are amendments not relevant to these Regulations.

(11)

S.I. 2013/1506, to which there are amendments not relevant to these Regulations.

(12)

1991 c.59.

(13)

2010 c.29.

(14)

S.I. 1989/1263, amended by S.I. 1990/880, 1996/593, 2000/656, 2010/1159, 1820 (W.177) and 2013/755 (W.90).

(15)

S.I. 1994/2841, amended by S.I. 2003/1788, 2005/2035, 2010/675, 2011/556 and 2013/755 (W.90).

(16)

S.I. 1997/1332, amended by S.I. 2009/1266 and 2013/755 (W.90).

(17)

The Directions are available at: http://webarchive.nationalarchives.gov.uk/20130402151656/http://archive.defra.gov.uk/environment/quality/water/waterquality/shellfish/2010surfacewatershellfish.pdf and at: http://gov.wales/legislation/subordinate/nonsi/epwales/2010/3815653/?skip=1&lang=en

(18)

S.I. 1999/916, amended by the Countryside and Rights of Way Act 2000 (c.37), section 73(2) and by S.I. 2013/755 (W.90).

(19)

S.I. 2003/164, amended by S.I. 2006/3124, 2010/1159, 2011/1043 and 2013/755 (W.90).

(20)

S.I. 2003/1788, amended by S.I. 2013/755 (W.90).

(21)

S.I. 2009/995 (W.81), amended by S.I. 2011/556, 971, 1043, 2131, 2012/630, 2013/755 (W.90) and 2015/1394.

(22)

S.I. 2010/675, amended by the Energy Act 2013 (c.32), Schedule 12, Part 2, paragraph 30 and by S.I. 2010/676, 2172, 2011/600 (W.88), 988, 2043, 2933, 2012/630, 811, 2013/390, 755 (W.90), 766, 2952, 2014/255, 571 (W.60), 2852, 2015/324, 664, 918 and 934.

(23)

S.I. 2010/639, amended by S.I. 2010/1091.

(24)

S.I. 2010/1493 (W.136), amended by S.I. 2013/755 (W.90).

(25)

S.I. 2012/1903 (W.230), amended by S.I. 2013/755 (W.90).

(26)

S.I. 2013/1675, amended by S.I. 2014/1067 (W.106) and 2363.

(27)

S.I. 2013/2506 (W.245).

(28)

S.I. 2014/3303 (W.336).

(29)

S.I. 2015/10.

(30)

S.I. 2015/668.

(31)

S.I. 2015/810, amended by S.I. 2015/1391.