The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 No. 407

[F1 SCHEDULE 5 E+W Modification of directives

Textual Amendments

F1 Sch. 5 inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 20(14); 2020 c. 1, Sch. 5 para. 1(1)

PART 2 E+W Modifications of the Groundwater Directive

17.   A reference to the GWD, or to any provision of it, is to be read in accordance with this Part. E+W

18.   When interpreting the GWD for the purposes of these Regulations— E+W

(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 appropriate authority, appropriate agency or other public authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of England or Wales;

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

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

19.   Article 3 is to be read as if— E+W

(a) paragraphs 3 and 4 were omitted;

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

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

21.   Article 6(4) is to be read as if the words after “paragraph 3” were omitted. E+W

22.   Article 12 is to be ignored. E+W

23.   Annex 1 is to be read as if— E+W

(a) in footnote 1 to the table in point 1, for “Article 2 of Directive 91/414/EEC and in 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 ”;

(b) 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 ”.

24.   Annex 2 is to be read as if, in Part C— E+W

(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 national legislation, or at ”.]