The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

Power to specify reference methods of analysis for microbiological methods

35.—(1) The appropriate authority may, by regulations—

(a) for the purposes of retained EU law which implemented Article 3(9) of the Bathing Water Directive, specify an EN standard(1) or a standard of the International Organization for Standardization for establishing the equivalence of microbiological methods;

(b) for the purposes of retained EU law which implemented Annex 1 to the Bathing Water Directive, specify the reference methods of analysis for intestinal enterococci and Escherichia coli.

(2) The provision which may be made under paragraph (1) includes—

(a) amending Commission Decision (EU) 2017/1583 specifying, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, EN ISO 17994:2014 as the standard on the equivalence of microbiological methods;

(b) requiring a reference to Article 3(9) of or Annex 1 to the Bathing Water Directive (or a reference which encompasses either or both of those provisions) to be read as a reference to that Article or Annex with modifications;

(c) amending provision which corresponds to that made by Article 3(9) of or Annex 1 to the Bathing Water Directive.

(3) Regulations under paragraph (1) may amend any subordinate legislation.

(4) The appropriate authority may only exercise the power in paragraph (1)(b) to the extent that the authority considers it is appropriate to do so as a result of scientific and technical progress.

(1)

Copies of the relevant EN standards can be obtained from BSI, 389 Chiswick High Road, London W4 4AL (or by email from [e-mail]).