The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Control of Asbestos in Water Regulations (Northern Ireland) 1995 N.I.

3.—(1) The Control of Asbestos in Water Regulations (Northern Ireland) 1995 M1 are amended as follows.

(2) After regulation 2(2), insert—

“(3) For the purposes of these Regulations, a reference to a Directive is to be read as if any reference in that Directive to one or more member States or the competent authorities of member States in a provision imposing an obligation or conferring a discretion on, a member State, member States or the competent authorities of member States is to be read as a reference to the Department.”.

(3) For regulation 3, substitute—

“3.— (1) The Department shall, in accordance with the Directive, take the necessary measures to ensure that asbestos discharges into the aquatic environment are, as far as reasonably practicable, reduced at source and prevented.

(2) For the purposes of this regulation, the Directive is to be read as if—

(a) the following provisions were omitted—

(i) Article 6, paragraph 3;

(ii) Articles 10 to 14;

(b) in Article 3, paragraph 2, the words from “taking into account” to the end were omitted;

(c) in Article 7, for “Article 12 of Directive 83/477/EEC” there were substituted “ Article 13 of Directive 2009/148/EC M2 ”;

(d) in Article 8, omit “Without prejudice to Directive 78/319/EEC, as last amended by the 1985 Act of Accession,”;

(e) in the Annex, in Part B, Chapter 2—

(i) in the second paragraph, for “European reference method defined in Annex 1 of Directive 83/477/EEC” there were substituted “ method recommended in 1997 by the World Health Organization (WHO) M3 or any other method giving equivalent results ”;

(ii) in the third paragraph, point (8), for “European” to “Directive 83/477/EEC” there were substituted “ method recommended in 1997 by the World Health Organization (WHO) or any other method giving equivalent results ”.”.

(4) In regulation 4A, after paragraph (2), insert—

“(3) For the purposes of paragraph (2), the reference to the Annex were to the Annex read in accordance with regulation 3(2)(e).”.

Commencement Information

I1 Reg. 3 in force on IP completion day, see reg. 1(1) and 2020 c. 1, Sch. 5 para. 1(1), see reg. 1(1)

Marginal Citations

M1 S.R. 1995 No. 93, amended by S.R. 1996 No. 602.

M2 OJ No L 330, 16.12.2009, p. 28.

M3 Determination of airborne fibre concentrations. A recommended method, by phase-contract optical microscopy (membrane filter method), WHO, Geneva 1997 (ISBN 92 4 154496 1).