The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

[F1 PART 3 E+W Modifications of the Environmental Quality Standards Directive

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)

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

26.   When interpreting the EQSD for the purposes of these Regulations— E+W

(a) each 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) the EQSD is to be read as if the following modifications were made to it.

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

(a) each 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 status were modified in accordance with paragraph 26(a);

(b) paragraph 5a were omitted.

28.   Article 4 is to be read as if— E+W

(a) in paragraph 2(b), for “referred to in Directive 2008/1/EC” there were substituted “ under the Environmental Permitting (England and Wales) Regulations 2016 No commentary item could be found for this reference c23668461 ”;

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

29.   Article 5 is to be read as if— E+W

(a) references to Directive 91/414/EEC were references to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market;

(b) paragraph 3 were omitted.

30.   The following Articles are to be ignored— E+W

(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.]