194 tal-2004 - Regolamenti tal-2004 dwar Pjan ta’ Azzjoni fil-Qasam tal-Politika ta’ l-Ilma

L.N. 194 of 2004

MALTA RESOURCES AUTHORITY ACT, 2000

(ACT NO. XXV OF 2000)

ENVIRONMENT PROTECTION ACT, 2001

(ACT NO. XX OF 2001)

Water Policy Framework Regulations, 2004

BY virtue of the powers conferred by article 28(1) of the Malta

Resources Authority Act, 2000, and articles 6, 9, 11 and 23 of the

Environment Protection Act, 2001, the Minister for Resources and

Infrastructure together with the Minister for Rural Affairs and the

Environment, after consultation with the Malta Resources Authority

and the Malta Environment and Planning Authority, have made the

following regulations>-

(1) The title of these regulations is the Water Policy Title and scope.

Framework Regulations, 2004.

(2) The purpose of these regulations is to establish a

framework for the protection of inland surface waters, transitional

waters, coastal waters and groundwater and to transpose the

provisions of Directive 2000#60#EC of the European Parliament and

of the Council.

(1)

In these regulations unless the context otherwise Interpretation.

requires>

“artificial water body” means a body of surface water

created by human activity<

“aquifer” means a subsurface layer or layers of rock or

other geological strata of sufficient porosity and permeability

to allow either a significant flow of groundwater or the

abstraction of significant quantities of groundwater<

“available groundwater resource” means the long-term

annual average rate of overall recharge of the body of

groundwater less the long-term annual rate of flow required to

achieve the ecological quality objectives for associated surface

waters specified under regulation 4, to avoid any significant

diminution in the ecological status of such waters and to avoid

any significant damage to associated terrestrial ecosystems<

“body of groundwater” means a distinct volume of

groundwater within an aquifer or aquifers<

“body of surface water” means a discrete and significant

element of surface water such as a lake, a reservoir, a stream,

river or canal, part of a stream, river or canal, a transitional

water or a stretch of coastal water<

“coastal water” means surface water on the landward side

of a line, every point of which is at a distance of one nautical

mile on the seaward side from the nearest point of the baseline

from which the breadth of territorial waters is measured,

extending where appropriate up to the outer limit of transitional

waters<

“combined approach” means the control of discharges and

emissions into surface waters according to the approach set out

in regulation 10<

“the competent authority” means the Malta Resources

Authority in as far as inland water is concerned and the Malta

Environment and Planning Authority in as far as coastal water

is concerned>

Provided that the Malta Environment and Planning

Authority shall also be responsible for surface waters found in

areas protected by scheduling declarations under the

Development Planning Act or otherwise protected under the

Environment Protection Act or the Filfla Nature Reserve Act,

and for surface waters found in areas hosting protected species

under the Environment Protection Act or other areas of

ecological and scientific importance according to provisions of

the Development Planning Act or the Environment Protection

Act<

“direct discharge to groundwater” means discharge of

pollutants into groundwater without percolation throughout the

soil or subsoil<

“ecological status” is an expression of the quality of the

structure and functioning of aquatic ecosystems associated with

surface waters, classified in accordance with Annex V<

“emission controls” are controls requiring a specific

emission limitation, for instance an emission limit value, or

otherwise specifying limits or conditions on the effects, nature

or other characteristics of an emission or operating conditions

which affect emissions. Use of the term emission control in

these regulations in respect of the provisions of any other

regulations shall not be held as reinterpreting those provisions

in any respect<

“emission limit values” means the mass, expressed in terms

of certain specific parameters, concentration and, or level of an

emission, which may not be exceeded during any one or more

periods of time. Emission limit values may also be laid down

for certain groups, families or categories of substances, in

particular for those identified in Annex X>

Provided that the emission limit values for substances shall

normally apply at the point where the emissions leave the

installation, dilution being disregarded when determining them.

With regard to indirect releases into water, the effect of a waste-

water treatment plant may be taken into account when

determining the emission limit values of the installations

involved, provided that an equivalent level is guaranteed for

protection of the environment as a whole and provided that this

does not lead to higher levels of pollution in the environment<

“environmental objectives” means the objectives set out

in regulation 4<

“environmental quality standard” means the concentration

of a particular pollutant or group of pollutants in water, sediment

or biota, which should not be exceeded in order to protect human

health and the environment<

“good ecological potential” is the status of a heavily

modified or an artificial body of water, so classified in

accordance with the relevant provisions of Annex V<

“good ecological status” is the status of a body of surface

water, so classified in accordance with Annex V<

“good groundwater chemical status” is the chemical status

of a body of groundwater, which meets all the conditions set

out in table 2.3.2 of Annex V<

“good groundwater status” means the status achieved by a

groundwater body when both its quantitative status and its

chemical status are at least “good”<

“good quantitative status” is the status defined in table 2.1.2

of Annex II<

“good surface water chemical status” means the chemical

status required to meet the environmental objectives for surface

waters established in regulation 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 other

relevant legislation setting environmental quality standards<

“good surface water status” means the status achieved by

a surface water body when both its ecological status and its

chemical status are at least “good”<

“groundwater” means all water which is below the surface

of the ground in the saturation zone and in direct contact with

the ground or subsoil<

“groundwater status” is the general expression of the status

of a body of groundwater, determined by the poorer of its

quantitative status and its chemical status<

“hazardous substances” means substances or groups of

substances that are toxic, persistent and liable to bio-accumulate,

and other substances or groups of substances which give rise to

an equivalent level of concern<

“heavily modified water body” means a body of surface

water which as a result of physical alterations by human activity

is substantially changed in character, as designated by the

competent authority in accordance with the provisions of Annex

II<

“inland water” means all standing or flowing water on the

surface of the land, and all groundwater on the landward side

of the baseline from which the breadth of territorial waters is

measured<

“lake” means a body of standing inland surface water<

“pollutant” means any substance liable to cause pollution,

in particular those listed in Annex VIII<

“pollution” means the direct or indirect introduction, as a

result of human activity, of substances or heat into the air, water

or land which may be harmful to human health or the quality of

aquatic ecosystems or terrestrial ecosystems directly depending

on aquatic ecosystems, which result in damage to material

property, or which impair or interfere with amenities and other

legitimate uses of the environment<

“priority substances” means substances listed in Annex X.

Among these substances there are “priority hazardous

substances” which means substances identified as such in Annex

X<

“protected areas” means those areas which are required to

be included in the register to set up in terms of article 6 as

described in Annex IV<

“quantitative status” is an expression of the degree to which

a body of groundwater is affected by direct and indirect

abstractions<

“river” means a body of inland water flowing for the most

part on the surface of the land but which may flow underground

for part of its course<

“sub-catchment” means the area of land from which all

surface run-off flows through a series of streams, rivers and,

possibly, lakes to a particular point in a water course (normally

a lake or a river confluence)<

“surface water” means inland waters, except groundwater<

transitional waters and coastal waters, except in respect of

chemical status for which it shall also include territorial waters<

“surface water status” is the general expression of the

status of a body of surface water, determined by the poorer of

its ecological status and its chemical status<

“transitional waters” are bodies of surface water in the

vicinity of river mouths which are partly saline in character as

a result of their proximity to coastal waters but which are

substantially influenced by freshwater flows<

“water catchment” means the area of land from which all

surface run-off flows through a sequence of streams, rivers and,

possibly, lakes into the sea at a single river mouth, estuary or

delta<

“water catchment district” means the area of land and sea,

made up of one or more neighbouring water catchments together

with their associated groundwaters and coastal waters<

“water intended for human consumption” means>

(a) all water either in its original state or after

treatment, intended for drinking, cooking, food preparation

or other domestic purposes, regardless of its origin and

whether it is supplied from a distribution network, from a

tanker, or in bottles or containers<

(b) all water used in any food-production

undertaking for the manufacture, processing, preservation

or marketing of products or substances intended for human

consumption unless the competent national authorities are

satisfied that the quality of the water cannot affect the

wholesomeness of the foodstuff in its finished form<

“water services” means all services which provide, for

households, public institutions or any economic activity>

(a) abstraction, impoundment, storage, treatment

and distribution of surface water or groundwater,

(b) waste-water collection and treatment facilities

which subsequently discharge into surface water<

“water use” means water services together with any other

activity identified under regulation 5 and Annex II having a

significant impact on the status of water. This concept applies

for the purposes of regulation 1 and of the economic analysis

carried out according to regulation 5 and Annex III, point (b).

(2) For the purposes of these regulations, any reference

to Directives of the European Parliament and of the Council, shall

be read and construed as if reference is made to the provisions of

the regulations transposing the provisions of such directive into

Maltese law.

There shall be one water catchment district in Malta Coordination

(1)

administrative

and Gozo.

arrangements

within water

catchment

(2) The competent authority shall take all the necessary

districts.

measures to ensure the appropriate administrative arrangements for

the application of these regulations within the catchment district lying

within Malta.

(3) The competent authority shall take all the necessary

measures to ensure that the requirements of these regulations for the

achievement of the environmental objectives established under

regulation 4, and in particular all programmes of measures are

coordinated for the whole of the catchment district.

(4) The endorsement of the Minister responsible for

resources and the Minister responsible for the environment shall be

sought on the water catchment management plan, the environmental

objectives, and the measures established pursuant to these

regulations.

(1) In making operational the programmes of measures Environmental

objectives.

specified in the water catchment management plans>

(a) for surface waters, without prejudice to any relevant

international agreements>

(i) the competent authority shall implement the

necessary measures to prevent deterioration of the status

of all bodies of surface water, subject to the application of

sub-regulations (6) and (7) and without prejudice to sub-

regulation (8)<

(ii) the competent authority shall take the

necessary measures to protect, enhance and restore all

bodies of surface water, subject to the application of

subparagraph (iii) for artificial and heavily modified bodies

of water, with the aim of achieving good surface water

status by the end of November of the year 2015, in

accordance with the provisions laid down in Annex V,

subject to the application of extensions determined in

accordance with sub-regulation (4) and to the application

of sub-regulations (5), (6) and (7) without prejudice to sub-

regulation (8)<

(iii) the competent authority shall take the necessary

measures to protect and enhance all artificial and heavily

modified bodies of water, with the aim of achieving good

ecological potential and good surface water chemical status

by the end of November of the year 2015 in accordance

with the provisions laid down in Annex V, subject to the

application of extensions determined in accordance with

sub-regulation (4) and to the application sub-regulations

(5), (6) and (7) without prejudice to sub-regulation (8)<

(iv) the competent authority shall implement the

necessary measures with the aim of progressively reducing

pollution from priority substances and ceasing or phasing

out emissions, discharges and losses of priority hazardous

substances<

(b)

for groundwater>

(i) the competent authority shall implement the

measures necessary to prevent or limit the input of

pollutants into groundwater and to prevent the deterioration

of the status of all bodies of groundwater, subject to the

application of sub-regulations (6) and (7) and without

prejudice to sub-regulation (8) of this regulation and subject

to the application of paragraph (j) of sub-regulation (3) of

regulation 11<

(ii) the competent authority shall take the necessary

measures to protect, enhance and restore all bodies of

groundwater, ensure a balance between abstraction and

recharge of groundwater, with the aim of achieving good

groundwater status by the end of November of the year

2015, in accordance with the provisions laid down in Annex

V, subject to the application of extensions determined in

accordance with sub-regulation (4) and to the application

of sub-regulations (5), (6) and (7) without prejudice to sub-

regulation (8) of this regulation and subject to the

application of paragraph (j) of sub-regulation (3) of

regulation 11<

(iii) the competent authority shall implement the

measures necessary to reverse any significant and sustained

upward trend in the concentration of any pollutant resulting

from the impact of human activity in order progressively

to reduce pollution of groundwater, provided that measures

to achieve trend reversal shall be implemented subject to

the application of sub-regulations (6) and (7) and without

prejudice to sub-regulation (8)<

(c) for protected areas, the competent authority shall

achieve compliance with any standards and objectives by the

end of November of the year 2015, unless otherwise specified

in the legislation under which the individual protected areas

have been established.

(2) Where more than one of the objectives under sub-

regulation (1) relates to a given body of water, the most stringent

shall apply.

(3) The competent authority may designate a body of

surface water as artificial or heavily modified, when>

(a) the changes to the hydromorphological characteristics

of that body which would be necessary for achieving good

ecological status would have significant adverse effects on>

(i)

the wider environment<

(ii) navigation, including port facilities, or

recreation<

(iii) activities for the purposes of which water is

stored, such as drinking-water supply, power generation

or irrigation<

(iv) water regulation, flood protection, land

drainage, or

(v) other equally important sustainable human

development activities<

(b) the beneficial objectives served by the artificial or

modified characteristics of the water body cannot, for reasons

of technical feasibility or disproportionate costs, reasonably be

achieved by other means, which are a significantly better

environmental option.

Such designation and the reasons for it shall be specifically

mentioned in the water catchment management plans required under

regulation 12 and reviewed every six years.

(4) The deadlines established under sub-regulation (1)

above may be extended for the purposes of phased achievement of

the objectives for bodies of water, provided that no further

deterioration occurs in the status of the affected body of water when

all of the following conditions are met>

(a) the competent authority determines that all necessary

improvements in the status of bodies of water cannot reasonably

be achieved within the timescales set out in that paragraph for

at least one of the following reasons>

(i) the scale of improvements required can only be

achieved in phases exceeding the timescale, for reasons of

technical feasibility<

(ii) completing the improvements within the

timescale would be disproportionately expensive<

(iii) natural conditions do not allow timely

improvement in the status of the body of water<

(b) extension of the deadline, and the reasons for it, are

specifically set out and explained in the water catchment

management plan required under regulation 12<

(c) extensions shall be limited to a maximum of two

further updates of the water catchment management plan except

in cases where the natural conditions are such that the objectives

cannot be achieved within this period<

(d) a summary of the measures required under regulation

11 which are envisaged as necessary to bring the bodies of water

progressively to the required status by the extended deadline,

the reasons for any significant delay in making these measures

operational, and the expected timetable for their implementation

are set out in the water catchment management plan. A review

of the implementation of these measures and a summary of any

additional measures shall be included in updates of the water

catchment management plan.

(5) The competent authority may aim to achieve less

stringent environmental objectives than those required under sub-

regulation (1) above for specific bodies of water when they are so

affected by human activity, as determined in accordance with sub-

regulation (1) of regulation 5, or their natural condition is such that

the achievement of these objectives would not be feasible or would

be disproportionately expensive, and all the following conditions

are met>

(a) the environmental and socioeconomic needs served

by such human activity cannot be achieved by other means,

which are a significantly better environmental option not

entailing disproportionate costs<

(b)

the competent authority ensures,

(i) for surface water, the highest ecological and

chemical status possible is achieved, given impacts that

could not reasonably have been avoided due to the nature

of the human activity or pollution,

(ii) for groundwater, the least possible changes to

good groundwater status, given impacts that could not

reasonably have been avoided due to the nature of the

human activity or pollution<

(c) no further deterioration occurs in the status of the

affected body of water< and

(d) the establishment of less stringent environmental

objectives, and the reasons for it, are specifically mentioned in

the water catchment management plan required under regulation

12 and these objectives are reviewed every six years.

(6) Temporary deterioration in the status of bodies of

water shall not be in breach of the requirements of these regulations

if this is the result of circumstances of natural cause or force majeure

which are exceptional or could not reasonably have been foreseen,

in particular extreme floods and prolonged droughts, or the result of

circumstances due to accidents which could not reasonably have been

foreseen, when all of the following conditions have been met>

(a) all practicable steps are taken to prevent further

deterioration in status and in order not to compromise the

achievement of the objectives of these regulations in other

bodies of water not affected by those circumstances<

(b) the conditions under which circumstances that are

exceptional or that could not reasonably have been foreseen

may be declared, including the adoption of the appropriate

indicators, are stated in the water catchment management plan<

(c) the measures to be taken under such exceptional

circumstances are included in the programme of measures and

will not compromise the recovery of the quality of the body of

water once the circumstances are over<

(d) the effects of the circumstances that are exceptional

or that could not reasonably have been foreseen are reviewed

annually and, subject to the reasons set out in paragraph (a) of

sub-regulation (4), all practicable measures are taken with the

aim of restoring the body of water to its status prior to the effects

of those circumstances as soon as reasonably practicable< and

(e) a summary of the effects of the circumstances and of

such measures taken or to be taken in accordance with

paragraphs (a) and (d) of this sub-regulation are included in the

next update of the water catchment management plan.

(7) The rules laid down in these regulations shall not

be deemed to have been breached when>

(a) failure to achieve good groundwater status, good

ecological status or, where relevant, good ecological potential

or to prevent deterioration in the status of a body of surface

water or groundwater is the result of new modifications to the

physical characteristics of a surface water body or alterations

to the level of bodies of groundwater< or

(b) failure to prevent deterioration from high status to

good status of a body of surface water is the result of new

sustainable human development activities<

and all the following conditions are met>

(i) all practicable steps are taken to mitigate the adverse

impact on the status of the body of water<

(ii) the reasons for those modifications or alterations

are specifically set out and explained in the water catchment

plan required under regulation 12 below and the objectives are

reviewed every six years<

(iii) the reasons for those modifications or alterations

are of overriding public interest and, or the benefits to the

environment and to society of achieving the objectives set out

in sub-regulation (1) of this regulation are outweighed by the

benefits of the new modifications or alterations to human health,

to the maintenance of human safety or to sustainable

development< and

(iv) the beneficial objectives served by those

modifications or alterations of the water body cannot for reasons

of technical feasibility or disproportionate cost be achieved by

other means, which are a significantly better environmental

option.

(8) When applying sub-regulations (3), (4), (5), (6) and

(7), the competent authority shall ensure that the application does

not permanently exclude or compromise the achievement of the

objectives of these regulations in other bodies of water within the

same water catchment district and is consistent with the

implementation of other environmental regulations.

(1) The competent authority shall ensure that for each Characteristics of

the water

water catchment district, it undertakes

catchment district,

review of the

environmental

–

an analysis of its characteristics,

impact of human

activity and

economic analysis

– a review of the impact of human activity on the status

of water use.

of surface waters and on groundwater found within said district,

and

–

an economic analysis of water use

Said analyses and reviews must be carried out in accordance to

the technical specifications set out in Annexes II and III, and must

be completed by the end of November 2004.

(2) The analyses and reviews mentioned under sub-

regulation (1) above shall be reviewed, and if necessary updated by

the end of November 2013 and every six years thereafter.

(1) The competent authority shall ensure the Register of

protected areas.

establishment of a register or registers of all areas lying within each

water catchment district which have been designated as requiring

special protection under specific legislation for the protection of their

surface water and groundwater or for the conservation of habitats

and species directly depending on water. They shall ensure that the

register is completed by the end of November 2004.

(2) The register or registers shall include all bodies of

water identified under sub-regulation (1) of regulation 7 and all

protected areas covered by Annex IV.

(3) For each water catchment district, the register or

registers of protected areas shall be kept under review and up to

date.

(1)

The competent authority shall identify>

(a) all bodies of water used for the abstraction of water

intended for human consumption providing more than ten metres

cubed a day as an average or serving more than fifty persons<

and

(b)

those bodies of water intended for such future use.

The competent authority shall monitor, in accordance with

Annex V, those bodies of water which according to Annex V, provide

more than one hundred metres cubed a day as an average.

(2) For each body of water identified under sub-

regulation (1) above, in addition to meeting the objectives of

regulation 4 in accordance with the requirements of these regulations,

for surface water bodies, the competent authority shall ensure that

under the water treatment regime applied, the resulting water will

meet the requirements of any regulations related to the quality of

water intended for human consumption.

(3) The competent authority shall ensure the necessary

protection for the bodies of water identified with the aim of avoiding

deterioration in their quality in order to reduce the level of

purification treatment required in the production of drinking water.

The competent authority may establish safeguard zones for those

bodies of water and take those measures so necessary to secure the

appropriate safeguards as defined in supplementary guidance to these

regulations.

(1) The competent authority shall ensure the

establishment of programmes for the monitoring of water status in

groundwater status

order to establish a coherent and comprehensive overview of water

status within each water catchment district>

(a)

for surface waters such programmes shall cover>

(i) the volume and level or rate of flow to the extent

relevant for ecological and chemical status and ecological

potential, and

(ii) the ecological and chemical status and

ecological potential<

(b) for groundwaters such programmes shall cover

monitoring of the chemical and quantitative status<

(c) for protected areas the above programmes shall be

supplemented by those specifications contained in the legislation

under which the individual protected areas have been

established.

(2) These programmes shall be operational by the end

of November 2006 unless otherwise specified in the legislation

concerned. Such monitoring shall be in accordance with the

requirements of Annex V.

(3) The competent authority shall adhere to technical

specifications and standardised methods for analysis and monitoring

of water status.

(1) (a) The competent authority shall take account of Recovery of costs

for water services.

the principle of recovery of the costs of water services, including

environmental and resource costs, having regard to the economic

analysis conducted according to Annex III, and in accordance in

particular with the polluter pays principle.

(b)

The competent authority shall ensure by 2010>

(i) that water-pricing policies provide adequate

incentives for users to use water resources efficiently, and

thereby contribute to the environmental objectives of these

regulations,

(ii) an adequate contribution of the different water uses,

disaggregated into at least industry, households and agriculture,

to the recovery of the costs of water services, based on the

economic analysis conducted according to Annex III and taking

account of the polluter pays principle.

(c) The Minister responsible for resources and the

Minister responsible for the environment may give specific directions

to the respective competent authority on the carrying out of the

obligations imposed on it by paragraphs (a) and (b) above, having

regard to social, environmental and economic effects of the recovery

as well as the geographic and climatic conditions of the region or

regions affected.

(2) The competent authority shall report in the water

catchment management plans on the planned steps towards

implementing sub-regulation (1) above. Which steps will contribute

to achieving the environmental objectives of these regulations and

on the contribution made by the various water uses to the recovery

of the costs of water services.

(3) Nothing in this regulation shall prevent the funding

of particular preventive or remedial measures in order to achieve

the objectives of these regulations.

(4) The competent authority shall not be in breach of

these regulations if it decides in accordance with established practices

not to apply paragraph (b) of sub-regulation (1) of this regulation,

and for that purpose the relevant provisions of sub-regulation (2),

for a given water-use activity, where this does not compromise the

purposes and the achievement of the objectives of these regulations.

The competent authority shall report the reasons for not fully

applying said provisions in the water catchment management plans.

(1) The competent authority shall ensure that all

discharges, referred to in sub-regulation (2) hereunder, into surface

waters are controlled according to the combined approach set out in

this regulation.

(2) The competent authority shall ensure the

establishment and, or implementation of>

(i) the emission controls based on best available

techniques, or

(ii)

the relevant emission limit values, or

(iii) in the case of diffuse impacts the controls including,

as appropriate, best environmental practices>

provided that the said controls and limit values are to be

construed according to the Integrated Pollution Prevention and

Control Regulations, 2002 (Legal Notice 234#2002), the Urban

Waste Water Treatment Regulations, 2001 (Legal Notice

340#2001), the Protection of Waters against Pollution caused

by Nitrates from Agricultural Sources Regulations, 2001 (Legal

Notice 343#2001), the regulations listed in Annex IX, any other

relevant regulations, by the end of November 2012, unless

otherwise specified in the legislation concerned.

(3) Where a quality objective or quality standard,

whether established pursuant to these regulations, in the regulations

listed in Annex IX, or pursuant to any other legislation, requires

stricter conditions than those which would result from the application

of sub-regulation (2) more stringent emission controls shall be set

accordingly.

(1) The competent authority shall establish a programme Programme of

measures.

of measures for each water catchment district, taking account of the

results of the analyses required under regulation 5, in order to achieve

the objectives established under regulation 4.

(2) Each programme of measures shall include the

“basic” measures specified in sub-regulation (3) hereunder and,

where necessary, “supplementary” measures.

(3) “Basic measures” are the minimum requirements

to be complied with and shall consist of>

(a) those measures required to implement legislation

aimed at the protection of water, including measures required

under the legislation specified in regulation 10 and in part A of

Annex VI<

(b) measures deemed appropriate for the purposes of

regulation 9<

(c) measures to promote an efficient and sustainable

water use in order to avoid compromising the achievement of

the objectives specified in regulation 4<

(d) measures to meet the requirements of regulation 7,

including measures to safeguard water quality in order to reduce

the level of purification treatment required for the production

of drinking water<

(e) controls over the abstraction of fresh surface water

and groundwater, and impoundment of fresh surface water,

including a register or registers of water abstractions and a

requirement of prior authorisation for abstraction and

impoundment. These controls shall be periodically reviewed

and, where necessary, updated. The competent authority can

exempt from these controls, abstractions or impoundments

which have no significant impact on water status<

(f) controls, including a requirement for prior

authorisation of artificial recharge or augmentation of

groundwater bodies. The water used may be derived from any

surface water or groundwater, provided that the use of the source

does not compromise the achievement of the environmental

objectives established for the source or the recharged or

augmented body of groundwater. These controls shall be

periodically reviewed and, where necessary, updated<

(g) for point source discharges liable to cause pollution,

a requirement for prior regulation, such as a prohibition on the

entry of pollutants into water, or for prior authorisation, or

registration based on general binding rules, laying down

emission controls for the pollutants concerned, including

controls in accordance with regulation 10 or additional

legislation. These controls shall be periodically reviewed and,

where necessary, updated<

(h) for diffuse sources liable to cause pollution,

measures to prevent or control the input of pollutants. Controls

may take the form of a requirement for prior regulation, such

as a prohibition on the entry of pollutants into water, prior

authorisation or registration based on general binding rules

where such a requirement is not otherwise provided for under

other legislation. These controls shall be periodically reviewed

and, where necessary, updated<

(i) for any other significant adverse impacts on the

status of water identified under regulation 5 and Annex II, in

particular measures to ensure that the hydromorphological

conditions of the bodies of water are consistent with the

achievement of the required ecological status or good ecological

potential for bodies of water designated as artificial or heavily

modified. Controls for this purpose may take the form of a

requirement for prior authorisation or registration based on

general binding rules where such a requirement is not otherwise

provided for under other legislation. Such controls shall be

periodically reviewed and, where necessary, updated<

(j) a prohibition of direct discharges of pollutants into

groundwater, provided that the competent authority may

authorise re-injection into the same aquifer of water used for

geothermal purposes. It may also authorise, specifying the

conditions for>

(i) injection of water containing substances

resulting from the operations for exploration and extraction

of hydrocarbons or mining activities, and injection of water

for technical reasons, into geological formations from

which hydrocarbons or other substances have been

extracted or into geological formations which for natural

reasons are permanently unsuitable for other purposes.

Such injections shall not contain substances other than

those resulting from the above operations,

(ii) re-injection of pumped groundwater from

mines and quarries or associated with the construction or

maintenance of civil engineering works,

(iii) injection of natural gas or liquefied petroleum

gas (LPG) for storage purposes into geological formations

which for natural reasons are permanently unsuitable for

other purposes,

(iv) injection of natural gas or liquefied petroleum

gas (LPG) for storage purposes into other geological

formations where there is an overriding need for security

of gas supply, and where the injection is such as to prevent

any present or future danger of deterioration in the quality

of any receiving groundwater,

(v) construction, civil engineering and building

works and similar activities on, or in the ground which

come into contact with groundwater. For these purposes,

the competent authority may determine that such activities

are to be treated as having been authorised provided that

they are conducted in accordance with general binding rules

developed by the same in respect of such activities, and

(vi) discharges of small quantities of substances

for scientific purposes for characterisation, protection or

remediation of water bodies limited to the amount strictly

necessary for the purposes concerned>

provided such discharges do not compromise the

achievement of the environmental objectives established

for that body of groundwater<

(k) measures to eliminate pollution of surface waters

by those substances specified in Annex X, and to progressively

reduce pollution by other substances which would otherwise

prevent the achievement of the objectives for the bodies of

surface water as set out in regulation 4<

(l) any measure required to prevent significant losses of

pollutants from technical installations, and to prevent and, or

to reduce the impact of accidental pollution incidents for

example as a result of floods, including through systems to

detect or give warning of such events including, in the case of

accidents which could not reasonably have been foreseen, all

appropriate measures to reduce the risk to aquatic ecosystems.

(4) “Supplementary” measures are those measures

designed and implemented in addition to the basic measures, with

the aim of achieving the objectives established pursuant to regulation

4. Part B of Annex VI contains a non-exclusive list of such measures.

The competent authority may also adopt further supplementary

measures in order to provide for additional protection or

improvement of the waters covered by these regulations, including

the implementation of the relevant international agreements.

(5) Where monitoring or other data indicates that the

objectives set under regulation 4 for the body of water are unlikely

to be achieved, the competent authority shall ensure that>

(i)

the causes of the possible failure are investigated,

(ii) relevant permits and authorisations are examined and

reviewed as appropriate,

(iii) the monitoring programmes are reviewed and

adjusted as appropriate, and

(iv) additional measures as may be necessary in order to

achieve those objectives are established, including, as

appropriate, the establishment of stricter environmental quality

standards following the procedures laid down in Annex V.

Where those causes are the result of circumstances of natural

cause or force majeure which are exceptional and could not

reasonably have been foreseen, in particular extreme floods and

prolonged droughts, the competent authority may determine that

additional measures are not practicable, subject to sub-

regulation (6) of regulation 4.

(6)

In implementing measures pursuant to sub-

regulation (3) above, the competent authority shall take all

appropriate steps not to increase pollution of marine waters. Without

prejudice to existing legislation, the application of measures taken

pursuant to sub-regulation (3) may on no account lead, either directly

or indirectly, to increased pollution of surface waters. This

requirement shall not apply where it would result in increased

pollution of the environment as a whole.

(7) The programmes of measures shall be established

by the end of November 2009 and all the measures shall be made

operational by the end of November 2012.

(8) The programmes of measures shall be reviewed,

and if necessary updated by the end of November 2015 and every

six years thereafter. Any new or revised measures established under

an updated programme shall be made operational within three years

of their establishment.

(1) The competent authority shall ensure that a water Water catchment

catchment management plan is produced for each water catchment management plans.

district.

(2) The water catchment management plan shall include

the information detailed in Annex VII.

(3) Water catchment management plans may be

supplemented by the production of more detailed programmes and

management plans for sub-catchment, sector, issue, or water type,

to deal with particular aspects of water management. Implementation

of these measures shall not exempt the competent authority from

any of its obligations under the rest of these regulations.

(4) Water catchment management plans shall be

published by the end of November 2009.

(5) Water catchment management plans shall be

reviewed and updated by the end of November 2015 every six years

thereafter.

(1) The competent authority shall encourage the active Public information

and consultation.

involvement of all interested parties in the implementation of these

regulations, in particular in the production, review and updating of

the water catchment management plan. The competent authority

shall ensure that, for each water catchment district, it publishes and

makes available for comments to the public, including users>

(a) a timetable and work programme for the production

of the plan, including a statement of the consultation measures

to be taken, at least three years before the beginning of the period

to which the plan refers<

(b) an interim overview of the significant water

management issues identified in the water catchment, at least

two years before the beginning of the period to which the plan

refers<

(c) draft copies of the water catchment management

plan, at least one year before the beginning of the period to

which the plan refers. On request, access shall be given to

background documents and information used for the

development of the draft water catchment management plan.

(2) The competent authority shall allow at least six

months to comment in writing on those documents in order to allow

active involvement and consultation.

(3) Sub-regulations (1) and (2) shall apply equally to

updated water catchment management plans.

(1) Annexes I, III and regulation 1.3.6 of Annex V may

be adapted to scientific and technical progress, taking account of

the periods for review and updating of the water catchment

management plans as referred to in regulation 12.

(2) For the purpose of transmission and processing of

data, including statistical and cartographic data, technical formats

for the purpose of sub-regulation (1) above may be adopted in

accordance with the procedures laid down in relevant legislation.

(1) Where the competent authority considers that the

conditions attached to a permit are no longer adequate, or that the

activity authorised by the permit poses a previousely unforeseen risk

to the environmental objectives listed in regulation 4 hereof, it may>

(a)

alter the terms and conditions attached to the permit<

(b) serve a remedial notice upon the permit holder setting

out the steps which must be taken to comply with the altered

conditions and to remove the risk or actual harm as well as the

period in which these steps must be completed>

provided that the competent authority must include in its

remedial notice the steps that the permit holder must comply

with so as to remedy the situation as well as the time by which

such steps must be taken<

(c)

revoke the permit.

(2) Where the previously unforeseen risk arising from

an activity authorised by a permit cannot be mitigated by measures

under sub-regulation (1) of this regulation, or when the conditions

attached to a permit are no longer adequate, the competent authority

may suspend the permit in whole or in part as necessary to avert the

risk, and in each case without being liable to paying any

compensation or refund of anything paid or made in securing the

permit.

(3) Where the competent authority believes that a permit

holder is, or is likely to be, in breach of the conditions attached to

his permit or these regulations in general, the competent authority

may issue an enforcement notice specifying the breach of the

conditions, the steps which must be taken to prevent it and the time

in which these steps must be completed.

(4) If a permit holder fails to comply with a remedial or

enforcement notice, the competent authority may apart from revoking

the permit in whole or in part, itself undertake the remedial action

required, defraying the expenses incurred out of the permit holder’s

financial assurance.

(5) The competent authority may additionally bring into

effect any punitive measures specified therein, including confiscation

of all or part of the financial assurance>

provided that, if the cost of this remedial action exceeds

the financial assurance, the person responsible shall bear the

additional costs.

(6) Action by the competent authority under sub-

regulations (3) and (4) of this regulation shall be without prejudice

to regulations 16, 17 and 18.

(7) For the purposes of this regulation, “permit” means

any permit issued by the competent authority under the Malta

Resources Authority Act, 2000 and, or under the Environment

Protection Act, 2001 or any regulation issued thereunder.

Any person shall be guilty of an offence under these

regulations if>

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms of any

provision of these regulations< or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations< or

(c) he acts in contravention of any of the provisions of

these regulations< or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these regulations

or to fail to comply with any such provisions (including any

order lawfully given in terms of any of the provision of these

regulations) or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable>

(a) on a first conviction to a fine (multa) of not less than

five hundred Maltese liri but not exceeding two thousand

Maltese liri<

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand Maltese liri, but not

exceeding twenty five thousand Maltese liri or to imprisonment

for a term not exceeding six months, or to both such fine and

imprisonment>

provided that the court shall order any person who has been

found guilty of committing an offence against these regulations

to pay for the expenses incurred by the competent authority as

a result of the said offence, the revocation of the permit issued

by the competent authority and the confiscation of the corpus

delicti, including vehicle, where applicable.

(1) The provisions of article 23 and sub-article (1) of

article 30 of the Criminal Code shall, mutatis mutandis, apply to

proceedings, in respect of offences against these regulations, so

however that the disqualification from holding or obtain a licence,

permit or authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the Court

of Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court

of Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.

B

ANNEX I

INFORMATION REQUIRED FOR THE LIST OF COMPETENT AUTHORITIES

The following information on the competent authority shall be included in the water

catchment management plan

(i)

Name and address of the competent authority - the official name and address of

the authority identified under regulation 3.

(ii)

Geographical coverage of the water catchment district - the names of the main

rivers within the water catchment district together with a precise description of the

boundaries of the water catchment district. This information should as far as possible be

available for introduction into a geographic information system (GIS).

(iii)

Legal status of the competent authorities - a description of the legal status of the

competent authority and, where relevant, a summary or copy of its statute, founding

treaty or equivalent legal document or the Act of Parliament establishing the relevant

Authority.

(iv)

Responsibilities - a description of the legal and administrative responsibilities of

each competent authority and of its role within each water catchment district.

(v)

Membership - where the competent authority acts as a coordinating body for

other competent authorities, a list is required of these authorities together with a

summary of the institutional relationships established in order to ensure coordination.

B

ANNEX II

SURFACE WATERS

Characterisation of surface water body types

The competent authority shall identify the location and boundaries of bodies of surface

water and shall carry out an initial characterisation of all such bodies in accordance

with the following methodology. The competent authority may group surface water

bodies together for the purposes of this initial characterisation.

(i) The surface water bodies within the water catchment district shall be identified as

falling within either one of the following surface water categories - rivers, lakes,

transitional waters or coastal waters - or as artificial surface water bodies or

heavily modified surface water bodies.

(ii) For each surface water category, the relevant surface water bodies within the water

catchment district shall be differentiated according to type. These types are those

defined using either ‘system A’ or ‘system B’ identified in section 1.2.

(iii) If system A is used, the surface water bodies within the water catchment district

shall be differentiated by surface water body types according to the descriptors set

out in the tables for system A.

(iv) If system B is used, the competent authority must achieve at least the same degree

of differentiation as would be achieved using system A. Accordingly, the surface

water bodies within the water catchment district shall be differentiated into types

using the values for the obligatory descriptors and such optional descriptors, or

combinations of descriptors, as are required to ensure that type specific biological

reference conditions can be reliably derived.

(v) For artificial and heavily modified surface water bodies the differentiation shall be

undertaken in accordance with the descriptors for whichever of the surface water

categories most closely resembles the heavily modified or artificial water body

concerned.

(vi) The competent authority shall develop a map or maps (in a GIS format) of the

geographical location of the types consistent with the degree of differentiation

required under system A.

Ecoregions and surface water body types

Descriptors

Italy, Corsica and Malta

Altitude typology

mid-altitude: 200 to 800 m

lowland: <200 m

Size typology based on catchment area

small: 10 to 100 km 2

Geology

calcareous

Physical and chemical factors that determine the

characteristics of the river or part of the river and hence

the biological population structure and composition

altitude

latitude

longitude

geology

size

distance from river source

energy of flow (function of flow and slope)

mean water width

mean water depth

mean water slope

form and shape of main river bed

river discharge (flow) category

valley shape

transport of solids

acid neutralising capacity

mean substratum composition

chloride

air temperature range

mean air temperature

precipitation

B

Descriptors

Italy, Corsica and Malta

Altitude typology

mid-altitude: 200 to 800 m

lowland: <200 m

Depth typology based on mean depth

<3 m

3 to 15 m

>15 m

Size typology based on surface area

0.5 to 1 km 2

1 to 10 km 2

Geology

calcareous

Physical and chemical factors that determine the

characteristics of the lake and hence the biological

population structure and composition

Altitude

latitude

longitude

depth

geology

size

mean water depth

lake shape

residence time

mean air temperature

air temperature range

mixing characteristics (e.g. monomictic, dimictic,

polymictic)

acid neutralising capacity

background nutrient status

mean substratum composition

water level fluctuation

Descriptors

Mediterranean Sea

Based on mean annual salinity

<0.5 : freshwater

0.5 to <5: oligohaline

5 to <18: mesohaline

18 to <30: polyhaline

30 to <40: euhaline

Based on mean tidal range

<2 m: microtidal

Physical and chemical factors that determine the

characteristics of the transitional water and hence the

biological population structure and composition

Latitude

longitude

tidal range

salinity

Depth

current velocity

wave exposure

residence time

mean water temperature

mixing characteristics

turbidity

mean substratum composition

shape

water temperature range

B

Descriptors

Mediterranean Sea

Based on mean annual salinity

<0.5 : freshwater

05 to <5: oligohaline

5 to <18: mesohaline

18 to <30: polyhaline

30 to <40: euhaline

Based on mean depth

shallow waters: <30 m

intermediate: (30 to 200 m)

deep: >200 m

Physical and chemical factors that determine the

characteristics of the coastal water and hence the

biological community structure and composition

Latitude

longitude

tidal range

salinity

current velocity

wave exposure

mean water temperature

mixing characteristics

turbidity

retention time (of enclosed bays)

mean substratum composition

water temperature range

Establishment of type-specific reference conditions for surface water body types

(i) For each surface water body type characterised in accordance with section 1.1,

type-specific hydromorphological and physicochemical conditions shall be

established representing the values of the hydromorphological and

physicochemical quality elements specified in point 1.1 in Annex V for that

surface water body type at high ecological status as defined in the relevant table in

point 1.2 in Annex V. Type-specific biological reference conditions shall be

established, representing the values of the biological quality elements specified in

point 1.1 in Annex V for that surface water body type at high ecological status as

defined in the relevant table in section 1.2 in Annex V.

(ii) In applying the procedures set out in this section to heavily modified or artificial

surface water bodies references to high ecological status shall be construed as

references to maximum ecological potential as defined in table 1.2.5 of Annex V.

The values for maximum ecological potential for a water body shall be reviewed

every six years.

(iii) Type-specific conditions for the purposes of points (i) and (ii) and type-specific

biological reference conditions may be either spatially based or based on

modelling, or may be derived using a combination of these methods. Where it is

not possible to use these methods, the competent authority may use expert

judgement to establish such conditions. In defining high ecological status in

respect of concentrations of specific synthetic pollutants, the detection limits are

those which can be achieved in accordance with the available techniques at the

time when the type-specific conditions are to be established.

(iv) For spatially based type-specific biological reference conditions, the competent

authority shall develop a reference network for each surface water body type. The

network shall contain a sufficient number of sites of high status to provide a

sufficient level of confidence about the values for the reference conditions, given

the variability in the values of the quality elements corresponding to high

ecological status for that surface water body type and the modelling techniques

which are to be applied under paragraph (v).

(v) Type-specific biological reference conditions based on modelling may be derived

using either predictive models or hindcasting methods. The methods shall use

historical, palaeological and other available data and shall provide a sufficient

level of confidence about the values for the reference conditions to ensure that the

conditions so derived are consistent and valid for each surface water body type.

(vi) Where it is not possible to establish reliable type-specific reference conditions for

a quality element in a surface water body type due to high degrees of natural

variability in that element, not just as a result of seasonal variations, then that

element may be excluded from the assessment of ecological status for that surface

water type. In such circumstances the competent authority shall state the reasons

for this exclusion in the water catchment management plan.

B

Identification of Pressures

The competent authority shall collect and maintain information on the type and

magnitude of the significant anthropogenic pressures to which the surface water bodies

in each water catchment district are liable to be subject, in particular the following.

Estimation and identification of significant point source pollution, in particular by

substances listed in Annex VIII, from urban, industrial, agricultural and other

installations and activities, based, inter alia, on information gathered under

(i) regulation 14 of the Urban Waste Water Treatment Regulations, 2001 (L.N.340 of

2001) and programmes published subsequent to these regulations;

(ii) regulations 15, 22 and 23 of the Integrated Pollution Prevention and Control

Regulations, 2002 concerning integrated pollution prevention and control, 2002

(L.N. 234 of 2002);

and for the purposes of the initial water catchment management plan

(iii) regulation 11 of the Pollution Caused by Certain Dangerous Substances

Discharged into the Aquatic Environment Regulations, 2001 (L.N. 213 of 2001);

and

(iv) the Quality required of Surface Water intended for the Abstraction of Drinking

Water Regulations, 2001 (L.N. 339 of 2001), the Quality of Bathing Water

Regulations, 2003 (L.N. 380 of 2003), the Quality of Fresh Waters Supporting

Fish Life Regulations, 2001 (L.N. 342 of 2001), and the Quality required of

Shellfish Waters Regulations, 2001 (L.N. 341 of 2001).

Estimation and identification of significant diffuse source pollution, in particular by

substances listed in Annex VIII, from urban, industrial, agricultural and other

installations and activities; based, inter alia, on information gathered under

(i) regulations 4, 6 and 7 of the Protection of Waters against Pollution caused by

Nitrates from Agricultural Sources Regulations, 2001 (L.N. 343 of 2001);

(ii) articles 7 and 17 of Directive 91/414/EEC (concerning placing of plant protection

products on the market);

(iii) Directive 98/8/EC (concerning the placing of biocidal products on the market);

and for the purposes of the first water catchment management plan

(iv) the Quality required of Surface Water intended for the Abstraction of Drinking

Water Regulations, 2001 (L.N. 339 of 2001), the Quality of Bathing Water

Regulations, 2003 (L.N. 380 of 2003), the Quality of Fresh Waters Supporting

Fish Life Regulations, 2001 (L.N. 342 of 2001), and the Quality required of

Shellfish Waters Regulations, 2001 (L.N. 341 of 2001).

Estimation and identification of significant water abstraction for urban, industrial,

agricultural and other uses, including seasonal variations and total annual demand, and

of loss of water in distribution systems.

Estimation and identification of the impact of significant water flow regulation,

including water transfer and diversion, on overall flow characteristics and water

balances.

Identification of significant morphological alterations to water bodies.

Estimation and identification of other significant anthropogenic impacts on the status

of surface waters.

Estimation of land use patterns, including identification of the main urban, industrial

and agricultural areas and, where relevant, fisheries and forests.

Assessment of Impact

The competent authority shall carry out an assessment of the susceptibility of the

surface water status of bodies to the pressures identified above.

The competent authority shall use the information collected above, and any other

relevant information including existing environmental monitoring data, to carry out an

assessment of the likelihood that surface waters bodies within the water catchment

district will fail to meet the environmental quality objectives set for the bodies under

regulation 4. The competent authority may utilise modelling techniques to assist in

such an assessment.

For those bodies identified as being at risk of failing the environmental quality

objectives, further characterisation shall, where relevant, be carried out to optimise the

design of both the monitoring programmes required under regulation 8, and the

programmes of measures required under regulation 11.

2. GROUNDWATERS

Initial characterisation

The competent authority shall carry out an initial characterisation of all groundwater

bodies to assess their uses and the degree to which they are at risk of failing to meet the

objectives for each groundwater body under regulation 4. The competent authority may

group groundwater bodies together for the purposes of this initial characterisation. This

analysis may employ existing hydrological, geological, pedological, land use,

discharge, abstraction and other data but shall identify

-

the location and boundaries of the groundwater body or bodies,

B

the pressures to which the groundwater body or bodies are liable to be subject

including

i.

diffuse sources of pollution

ii.

point sources of pollution

iii.

abstraction

iv.

artificial recharge,

the general character of the overlying strata in the catchment area from which the

groundwater body receives its recharge,

those groundwater bodies for which there are directly dependent surface water

ecosystems or terrestrial ecosystems.

Further characterisation

Following this initial characterisation, the competent authority shall carry out further

characterisation of those groundwater bodies or groups of bodies which have been

identified as being at risk in order to establish a more precise assessment of the

significance of such risk and identification of any measures to be required under

regulation 11. Accordingly, this characterisation shall include relevant information on

the impact of human activity and, where relevant, information on

geological characteristics of the groundwater body including the extent and type of

geological units,

hydrogeological characteristics of the groundwater body including hydraulic

conductivity, porosity and confinement,

characteristics of the superficial deposits and soils in the catchment from which the

groundwater body receives its recharge, including the thickness, porosity,

hydraulic conductivity, and absorptive properties of the deposits and soils,

stratification characteristics of the groundwater within the groundwater body,

an inventory of associated surface systems, including terrestrial ecosystems and

bodies of surface water, with which the groundwater body is dynamically linked,

estimates of the directions and rates of exchange of water between the

groundwater body and associated surface systems,

sufficient data to calculate the long term annual average rate of overall recharge,

characterisation of the chemical composition of the groundwater, including

specification of the contributions from human activity. The competent authority

may use typologies for groundwater characterisation when establishing natural

background levels for these bodies of groundwater.

Review of the impact of human activity on groundwaters

For those bodies of groundwater which are identified following the initial

characterisation undertaken in accordance with paragraph 2.1 as being at risk of failing

to meet the objectives set for each body under regulation 4, the following information

shall, where relevant, be collected and maintained for each groundwater body

(a) the location of points in the groundwater body used for the abstraction of water

with the exception of

- points for the abstraction of water providing less than an average of 10 m 3 per

day, or,

- points for the abstraction of water intended for human consumption providing

less than an average of 10 m 3 per day or serving less than 50 persons,

(b) the annual average rates of abstraction from such points,

(c) the chemical composition of water abstracted from the groundwater body,

(d) the location of points in the groundwater body into which water is directly

discharged,

(e) the rates of discharge at such points,

(f) the chemical composition of discharges to the groundwater body, and

(g) land use in the catchment or catchments from which the groundwater body

receives its recharge, including pollutant inputs and anthropogenic alterations to

the recharge characteristics such as rainwater and run-off diversion through land

sealing, artificial recharge, damming or drainage.

Review of the impact of changes in groundwater levels

The competent authority shall also identify those bodies of groundwater for which

lower objectives are to be specified under regulation 4 including as a result of

consideration of the effects of the status of the body on

(i)

surface water and associated terrestrial ecosystems

(ii)

water regulation, flood protection and land drainage

(iii) human development.

Review of the impact of pollution on groundwater quality

The competent authority shall identify those bodies of groundwater for which lower

objectives are to be specified under regulation 4 where, as a result of the impact of

B

human activity, as determined in accordance with regulation 5, the body of

groundwater is so polluted that achieving good groundwater chemical status is

infeasible or disproportionately expensive.

B

ANNEX III

ECONOMIC ANALYSIS

The economic analysis shall contain enough information in sufficient detail (taking account of

the costs associated with collection of the relevant data) in order to

(a) make the relevant calculations necessary for taking into account under regulation 9 the

principle of recovery of the costs of water services, taking account of long term forecasts

of supply and demand for water in the water catchment district and, where necessary

- estimates of the volume, prices and costs associated with water services, and

- estimates of relevant investment including forecasts of such investments;

(b) make judgements about the most cost-effective combination of measures in respect of

water uses to be included in the programme of measures under regulation 11 based on

estimates of the potential costs of such measures.

B

ANNEX IV

PROTECTED AREAS

1. The register of protected areas required under regulation 6 shall include the following

types of protected areas

(i)

areas designated for the abstraction of water intended for human consumption

under regulation 7;

(ii)

areas designated for the protection of economically significant aquatic species;

(iii) bodies of water designated as recreational waters, including areas designated as

bathing waters under any regulations concerning the quality of bathing water;

(iv) nutrient-sensitive areas, including areas designated as vulnerable zones under the

Protection of Waters against Pollution caused by Nitrates from Agricultural

Sources Regulations, 2001 (L.N. 343 of 2001) and areas designated as sensitive

areas under the Urban Waste Water Treatment Regulations, 2001 (L.N. 340 of

2001); and

(v)

areas designated for the protection of habitats or species where the maintenance

or improvement of the status of water is an important factor in their protection,

including relevant areas protected through the Flora, Fauna and Natural Habitats

Protection Regulations, 2003 (L.N. 257 of 2003) and the Protection of Birds and

Wild Rabbit Regulations, 1993 (L.N. 146 of 1993) as amended.

2. The summary of the register required as part of the water catchment management plan

shall include maps indicating the location of each protected area and a description of

the legislation under which they have been designated.

ANNEX V

1. SURFACE WATER STATUS

Quality elements for the classification of ecological status

Rivers

Lakes

Transitional waters

Coastal waters

Artificial and heavily modified surface water bodies

Normative definitions of ecological status classifications

Definitions for high, good and moderate ecological status in rivers

Definitions for high, good and moderate ecological status in lakes

Definitions for high, good and moderate ecological status in transitional waters

Definitions for high, good and moderate ecological status in coastal waters

Definitions for maximum, good and moderate ecological potential for heavily modified

or artificial water bodies

1.2.6. Procedure for the setting of chemical quality standards by the competent authority

Monitoring of ecological status and chemical status for surface waters

Design of surveillance monitoring

Design of operational monitoring

Design of investigative monitoring

Frequency of monitoring

Additional monitoring requirements for protected areas

Standards for monitoring of quality elements

Classification and presentation of ecological status

1.4.1. Comparability of biological monitoring results

1.4.2 Presentation of monitoring results and classification of ecological status and ecological

potential

1.4.3. Presentation of monitoring results and classification of chemical status

2. GROUNDWATER

Ground water quantitative status

2.1.1. Parameter for the classification of quantitative status

2.1.2. Definition of quantitative status

Monitoring of groundwater quantitative status

Groundwater level monitoring network

Density of monitoring sites

Monitoring frequency

Interpretation and presentation of groundwater quantitative status

Groundwater chemical status

2.3.1. Parameters for the determination of groundwater chemical status

2.3.2. Definition of good ground water chemical status

2.4.

Monitoring of groundwater chemical status

2.4.1.

Groundwater monitoring network

2.4.2.

Surveillance monitoring

2.4.3.

Operational monitoring

2.4.4.

Identification of trends in pollutants

2.4.5.

Interpretation and presentation of groundwater chemical status

2.5.

Presentation of groundwater status

1. SURFACE WATER STATUS

Quality elements for the classification of ecological status

1.1.1. Rivers

Biological elements

Composition and abundance of aquatic flora

Composition and abundance of benthic invertebrate fauna

Composition, abundance and age structure of fish fauna

Hydromorphological elements supporting the biological elements

Hydrological regime

quantity and dynamics of water flow

connection to groundwater bodies

River continuity

Morphological conditions

river depth and width variation

structure and substrate of the river bed

structure of the riparian zone

Chemical and physico-chemical elements supporting the biological elements

General

Thermal conditions

Oxygenation conditions

Salinity

Acidification status

Nutrient conditions

Specific pollutants

Pollution by all priority substances identified as being discharged into the body of

water

Pollution by other substances identified as being discharged in significant quantities

into the body of water

1.1.2. Lakes

Biological elements

Composition, abundance and biomass of phytoplankton

Composition and abundance of other aquatic flora

Composition and abundance of benthic invertebrate fauna

Composition, abundance and age structure of fish fauna

Hydromorphological elements supporting the biological elements

Hydrological regime

quantity and dynamics of water flow

residence time

B

connection to the groundwater body

Morphological conditions

lake depth variation

quantity, structure and substrate of the lake bed

structure of the lake shore

Chemical and physico-chemical elements supporting the biological elements

General

Transparency

Thermal conditions

Oxygenation conditions

Salinity

Acidification status

Nutrient conditions

Specific pollutants

Pollution by all priority substances identified as being discharged into the body of

water

Pollution by other substances identified as being discharged in significant quantities

into the body of water

1.1.3. Transitional waters

Biological elements

Composition, abundance and biomass of phytoplankton

Composition and abundance of other aquatic flora

Composition and abundance of benthic invertebrate fauna

Composition and abundance of fish fauna

Hydro-morphological elements supporting the biological elements

Morphological conditions

depth variation

quantity, structure and substrate of the bed

structure of the intertidal zone

Tidal regime

freshwater flow

wave exposure

Chemical and physico-chemical elements supporting the biological elements

General

Transparency

Thermal conditions

Oxygenation conditions

Salinity

Nutrient conditions

Specific pollutants

Pollution by all priority substances identified as being discharged into the body of

water

Pollution by other substances identified as being discharged in significant quantities

into the body of water

1.1.4. Coastal waters

Biological elements

Composition, abundance and biomass of phytoplankton

Composition and abundance of other aquatic flora

Composition and abundance of benthic invertebrate fauna

Hydromorphological elements supporting the biological elements

Morphological conditions

depth variation

structure and substrate of the coastal bed

structure of the intertidal zone

Tidal regime

direction of dominant currents

wave exposure

Chemical and physico-chemical elements supporting the biological elements

General

Transparency

Thermal conditions

Oxygenation conditions

Salinity

Nutrient conditions

Specific pollutants

Pollution by all priority substances identified as being discharged into the body of

water

Pollution by other substances identified as being discharged in significant quantities

into the body of water

1.1.5. Artificial and heavily modified surface water bodies

The quality elements applicable to artificial and heavily modified surface water bodies

shall be those applicable to whichever of the four natural surface water categories

above most closely resembles the heavily modified or artificial water body concerned.

B

The following text provides a general definition of ecological quality. For the purposes of classification the values for the quality elements of

Waters showing evidence of major alterations to the values of the biological quality elements for the surface water body type and in which

the relevant biological communities deviate substantially from those normally associated with the surface water body type under undisturbed

Waters showing evidence of severe alterations to the values of the biological quality elements for the surface water body type and in which

large portions of the relevant biological communities normally associated with the surface water body type under undisturbed conditions are

normally associated with the surface

signs of distortion resulting from

human activity and are significantly

more disturbed than under conditions

The values of the biological quality

elements for the surface water body

type deviate moderately from those

water body type under undisturbed

conditions. The values show moderate

Moderate status

of good status.

elements for the surface water body

type show low levels of distortion

resulting from human activity, but

normally associated with the surface

water body type under undisturbed

The values of the biological quality

deviate only slightly from those

ecological status for each surface water category are those given in tables 1.2.1 to 1.2.4 below.

General definition for rivers, lakes, transitional waters and coastal waters

Good status

Waters achieving a status below moderate shall be classified as poor or bad.

conditions.

Normative definitions of ecological status classifications

anthropogenic alterations to the values

Hydromorphological quality elements

reflect those normally associated with

These are the type-specific conditions

conditions, and show no, or only very

for the surface water body type from

elements for the surface water body

The values of the biological quality

those normally associated with that

type under undisturbed conditions.

There are no, or only very minor,

minor, evidence of distortion.

of the physico-chemical and

that type under undisturbed

High status

and communities.

conditions, shall be classified as poor.

absent, shall be classified as bad.

Element

Table 1.2.

General

1.2.

B

Abundance is moderately disturbed and may

Moderate changes in the average

The composition of planktonic taxa differs

type-specific

be such as to produce a significant

undesirable disturbance in the values of

other biological and physico-chemical

intensity of planktonic blooms may occur.

phytobenthic taxa differs moderately from

the type-specific community and is

significantly more distorted than at good

macrophytic and the average phytobenthic

The phytobenthic community may be

A moderate increase in the frequency and

The composition of macrophytic and

interfered with and, in some areas, displaced

by bacterial tufts and coats present as a

result of anthropogenic activities.

Moderate status

occur during summer months.

the

abundance are evident.

Persistent blooms may

from

quality elements.

communities.

moderately

status.

balance of organisms present in the water body or

abundance of planktonic taxa compared to the

type-specific communities. Such changes do not

abundance of macrophytic and phytobenthic taxa

phytobenthos or higher forms of plant life

The phytobenthic community is not adversely

affected by bacterial tufts and coats present due to

There are slight changes in the composition and

indicate any accelerated growth of algae resulting

in undesirable disturbances to the balance of

water body or to the physico-chemical quality of

A slight increase in the frequency and intensity of

There are slight changes in the composition and

compared to the type-specific communities. Such

changes do not indicate any accelerated growth of

resulting in undesirable disturbances to the

to the physico-chemical quality of the water or

the type-specific planktonic blooms may occur.

Good status

organisms present in the

1.2.1. Definitions for high, good and moderate ecological status in rivers

anthropogenic activity.

the water or sediment.

sediment.

phytoplankton corresponds totally or

The average phytoplankton abundance is

such as to significantly alter the type-

Planktonic blooms occur at a frequency

There are no detectable changes in the

of

and intensity which is consistent with the

totally or nearly totally to undisturbed

average macrophytic and the average

wholly consistent with the type-specific

physico-chemical conditions and is not

chemical

The taxonomic composition corresponds

nearly totally to undisturbed conditions.

composition

specific transparency conditions.

physico-

High status

phytobenthic abundance.

taxonomic

type-specific

Biological quality elements

conditions.

conditions.

The

Macrophytes and

Phytoplankton

phytobenthos

Element

B

The composition and abundance of

invertebrate taxa differ moderately from the

The ratio of disturbance-sensitive taxa to

insensitive taxa, and the level of diversity,

are substantially lower than the type-specific

Major taxonomic groups of the type-specific

level and significantly lower than for good

species differ moderately from the type-

specific communities attributable to

anthropogenic impacts on physico-

of the values specified above for the

of the values specified above for the

of the values specified above for the

The composition and abundance of fish

chemical or hydromorphological quality

shows major signs of anthropogenic

disturbance, to the extent that a moderate

proportion of the type specific species are

The age structure of the fish communities

Conditions consistent with the achievement

Conditions consistent with the achievement

Conditions consistent with the achievement

absent or of very low abundance.

Moderate status

Moderate status

biological quality elements.

biological quality elements.

biological quality elements.

type-specific communities.

community are absent.

elements.

status.

and

signs of disturbance attributable to anthropogenic

abundance of invertebrate taxa from the type-

The level of diversity of invertebrate taxa shows

type-specific

reproduction or development of a particular

species, to the extent that some age classes may

There are slight changes in the composition and

The ratio of disturbance-sensitive taxa to

insensitive taxa shows slight alteration from type-

There are slight changes in species composition

communities attributable to anthropogenic

The age structures of the fish communities show

or

hydromorphological quality elements, and, in a

Conditions consistent with the achievement of the

values specified above for the biological quality

Conditions consistent with the achievement of the

values specified above for the biological quality

Conditions consistent with the achievement of the

values specified above for the biological quality

few instances, are indicative of a failure in the

slight signs of alteration from type-specific levels.

physico-chemical

physico-chemical

hydromorphological quality elements.

the

Good status

Good status

from

specific communities.

abundance

on

on

specific levels.

be missing.

elements.

elements.

elements.

impacts

impacts

and

The level of diversity of invertebrate taxa

The continuity of the river is not

condition of the riparian zones

The taxonomic composition and

abundance correspond totally or nearly

The ratio of disturbance sensitive taxa to

insensitive taxa shows no signs of

shows no sign of alteration from

Species composition and abundance

All the type-specific disturbance-

communities show little sign of

anthropogenic disturbance and are not

The quantity and dynamics of flow, and

the resultant connection to groundwaters,

disturbed by anthropogenic activities and

allows undisturbed migration of aquatic

Channel patterns, width and depth

variations, flow velocities, substrate

conditions and both the structure and

correspond totally or nearly totally to

The age structures of the fish

indicative of a failure in the reproduction

reflect totally, or nearly totally,

or development of any particular species.

alteration from undisturbed levels.

organisms and sediment transport.

totally to undisturbed conditions.

sensitive species are present.

High status

High status

Hydromorphological quality elements

undisturbed conditions.

undisturbed conditions.

undisturbed levels.

River continuity

Morphological

Element

Element

Hydrological

invertebrate

Fish fauna

conditions

Benthic

regime

fauna

B

of the values specified above for the

of the values specified above for the

of the values specified above for the

Conditions consistent with the achievement

Conditions consistent with the achievement

Conditions consistent with the achievement

( 2 ) Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels: (EQS >bgl).

Moderate status

Moderate status

biological quality elements.

biological quality elements.

biological quality elements.

established so as to ensure the functioning of the

neutralising capacity and salinity do not reach

ecosystem and the achievement of the values

ecosystem and the achievement of the values

Concentrations not in excess of the standards set

Concentrations not in excess of the standards set

Temperature, oxygen balance, pH, acid

levels outside the range established so as to

ensure the functioning of the type specific

specified above for the biological quality

Nutrient concentrations do not exceed the levels

specified above for the biological quality

in accordance with the procedure detailed in

section 1.2.6 without prejudice to Directive

in accordance with the procedure detailed in

section 1.2.6 ( 2 ) without prejudice to Directive

91/414/EC and Directive 98/8/EC. (< EQS)

91/414/EC and Directive 98/8/EC. (< EQS)

( 1 ) The following abbreviations are used: bgl = background level, EQS = environmental quality standard.

Good status

Good status

1.2.2. Definitions for high, good and moderate ecological status in lakes

elements.

elements.

within the range normally associated

The values of the physico-chemical

elements correspond totally or nearly

Nutrient concentrations remain within

the range normally associated with

Levels of salinity, pH, oxygen balance,

and

temperature do not show signs of

Concentrations close to zero and at least

advanced analytical techniques in

correspond totally or nearly totally to

anthropogenic disturbance and remain

below the limits of detection of the most

Concentrations remain within the range

conditions (background levels = bgl).

normally associated with undisturbed

capacity

totally to undisturbed conditions.

with undisturbed conditions.

High status

High status

Physico-chemical quality elements ( 1 )

undisturbed conditions.

undisturbed conditions.

neutralising

general use.

acid

Specific synthetic

Specific non-

Element

Element

conditions

pollutants

pollutants

synthetic

General

B

The phytobenthic community may be interfered

taxa, and the level of diversity, are substantially

The composition and abundance of invertebrate

type-specific communities and are significantly

The ratio of disturbance sensitive to insensitive

with, and, in some areas, displaced by bacterial

disturbance in the condition of other biological

The composition and abundance of planktonic

Moderate changes in the average macrophytic

phytobenthic taxa differ moderately from the

taxa differ moderately from the type-specific

taxa differ moderately from the type-specific

Biomass is moderately disturbed and may be

Major taxonomic groups of the type-specific

Persistent blooms may occur during summer

and the average phytobenthic abundance are

such as to produce a significant undesirable

more distorted than those observed at good

quality elements and the physico-chemical

intensity of planktonic blooms may occur.

A moderate increase in the frequency and

significantly lower than for good status.

lower than the type-specific level and

The composition of macrophytic and

tufts and coats present as a result of

quality of the water or sediment.

anthropogenic activities.

community are absent.

Moderate status

communities.

conditions.

months.

evident.

quality.

and abundance of planktonic taxa compared to

body or to the physico-chemical quality of the

body or to the physico-chemical quality of the

The phytobenthic community is not adversely

and abundance of invertebrate taxa compared

the balance of organisms present in the water

the type-specific communities. Such changes

algae resulting in undesirable disturbance to

There are slight changes in the composition

There are slight changes in the composition

There are slight changes in the composition

affected by bacterial tufts and coats present

specific communities. Such changes do not

shows slight signs of alteration from type-

phytobenthos or higher forms of plant life

resulting in undesirable disturbance to the

The level of diversity of invertebrate taxa

balance of organisms present in the water

do not indicate any accelerated growth of

The ratio of disturbance sensitive taxa to

phytobenthic taxa compared to the type-

intensity of the type specific planktonic

A slight increase in the frequency and

insensitive taxa shows slight signs of

alteration from type-specific levels.

and abundance of macrophytic and

indicate any accelerated growth of

to the type-specific communities.

due to anthropogenic activity.

blooms may occur.

water or sediment.

specific levels.

Good status

water.

There are no detectable changes in the average

The taxonomic composition and abundance of

shows no sign of alteration from undisturbed

insensitive taxa shows no signs of alteration

Planktonic blooms occur at a frequency and

The taxonomic composition and abundance

phytoplankton correspond totally or nearly

macrophytic and the average phytobenthic

intensity which is consistent with the type

The level of diversity of invertebrate taxa

consistent with the type-specific physico-

correspond totally or nearly totally to the

chemical conditions and is not such as to

The taxonomic composition corresponds

The ratio of disturbance sensitive taxa to

The average phytoplankton biomass is

totally or nearly totally to undisturbed

specific physico-chemical conditions.

significantly alter the type-specific

totally to undisturbed conditions.

transparency conditions.

from undisturbed levels.

undisturbed conditions.

Biological quality elements

High status

abundance.

conditions.

levels.

Phytoplankton

phytobenthos

Macrophytes

invertebrate

Element

Benthic

fauna

and

B

The age structure of the fish communities shows

The composition and abundance of fish species

anthropogenic impacts on physico-chemical or

extent that a moderate proportion of the type

hydromorphological quality elements, to the

of the values specified above for the

of the values specified above for the

Conditions consistent with the achievement

Conditions consistent with the achievement

communities attributable to anthropogenic

major signs of disturbance, attributable to

specific species are absent or of very low

differ moderately from the type-specific

hydromorphological quality elements.

impacts on physico-chemical or

biological quality elements.

biological quality elements.

Moderate status

Moderate status

abundance.

Conditions consistent with the achievement of the

values specified above for the biological quality

Conditions consistent with the achievement of the

values specified above for the biological quality

or hydromorphological quality elements, and,

particular species, to the extent that some age

in a few instances, are indicative of a failure

anthropogenic impacts on physico-chemical

anthropogenic impacts on physico-chemical

composition and abundance from the type-

The age structures of the fish communities

or hydromorphological quality elements.

show signs of disturbance attributable to

in the reproduction or development of a

specific communities attributable to

There are slight changes in species

classes may be missing.

Good status

Good status

elements.

elements.

show little sign of anthropogenic disturbance

reproduction or development of a particular

level, residence time, and the resultant

connection to groundwaters, reflect

structure of the substrate, and both the

The quantity and dynamics of flow,

totally or nearly totally undisturbed

Lake depth variation, quantity and

structure and condition of the lake

shore zone correspond totally or nearly

The age structures of the fish communities

All the type-specific sensitive species are

and are not indicative of a failure in the

correspond totally or nearly totally to

totally to undisturbed conditions.

Species composition and abundance

Hydromorphological quality elements

undisturbed conditions.

High status

conditions.

High status

species.

present.

Morphological

Hydrological

Fish fauna

conditions

Element

Element

regime

B

of the values specified above for the

in accordance with the procedure detailed in of the values specified above for the

in accordance with the procedure detailed in of the values specified above for the

Conditions consistent with the achievement

Concentrations not in excess of the standards set Conditions consistent with the achievement

Concentrations not in excess of the standards set Conditions consistent with the achievement

( 2 ) Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels: (EQS >bgl).

Moderate status

biological quality elements.

section 1.2.6 without prejudice to Directive biological quality elements.

section 1.2.6 ( 2 ) without prejudice to Directive biological quality elements.

established so as to ensure the functioning of the

the achievement of the values specified above for

ecosystem and the achievement of the values

Temperature, oxygen balance, pH, acid

neutralising capacity, transparency and salinity do

not reach levels outside the range established so

as to ensure the functioning of the ecosystem and

Nutrient concentrations do not exceed the levels

specified above for the biological quality

91/414/EC and Directive 98/8/EC. (< EQS)

91/414/EC and Directive 98/8/EC. (< EQS)

( 1 ) The following abbreviations are used: bgl = background level, EQS = environmental quality standard.

the biological quality elements.

Good status

elements.

Levels of salinity, pH, oxygen balance,

acid neutralising capacity, transparency

analytical

normally associated with undisturbed

elements correspond totally or nearly

Nutrient concentrations remain within

the range normally associated with

and temperature do not show signs of

within the range normally associated

Concentrations close to zero and at

least below the limits of detection of

Concentrations remain within the range

The values of physico-chemical

anthropogenic disturbance and remain

conditions (background levels = bgl).

totally to undisturbed conditions.

with undisturbed conditions.

advanced

techniques in general use.

High status

Physico-chemical quality elements ( 1 )

undisturbed conditions.

most

the

non-

Specific synthetic

Element

conditions

Pollutants

Pollutants

synthetic

Specific

General

B

phytoplanktonic taxa differ moderately from

moderately from type-specific conditions

undesirable disturbance in the condition of

Persistent blooms may occur during

and is significantly more distorted than at

Moderate changes in the average

macroalgal abundance are evident and may

be such as to result in an undesirable

disturbance to the balance of organisms

The composition of the angiosperm taxa

communities and is significantly more

There are moderate distortions in the

The composition and abundance of

Biomass is moderately disturbed and may

be such as to produce a significant

A moderate increase in the frequency and

intensity of planktonic blooms may occur.

The composition of macroalgal taxa differs

differs moderately from the type-specific

other biological quality elements.

abundance of angiosperm taxa.

Moderate status

distorted than at good quality.

present in the water body.

type-specific conditions.

summer months.

good quality.

There are slight changes in biomass compared to

the type-specific conditions. Such changes do not

indicate any accelerated growth of algae resulting

in undesirable disturbance to the balance of

organisms present in the water body or to the

type-specific communities. Such changes do not

There are slight changes in the composition of

angiosperm taxa compared to the type-specific

There are slight changes in the composition and

A slight increase in the frequency and intensity of

There are slight changes in the composition and

abundance of macroalgal taxa compared to the

indicate any accelerated growth of phytobenthos or

higher forms of plant life resulting in undesirable

disturbance to the balance of organisms present in

the water body or to the physico-chemical quality

Angiosperm abundance shows slight signs of

the type specific planktonic blooms may occur.

1.2.3. Definitions for high, good and moderate ecological status in transitional waters

physico-chemical quality of the water.

abundance of phytoplanktonic taxa.

Good status

communities.

of the water.

disturbance.

The composition and abundance of the

such as to significantly alter the type-

Planktonic blooms occur at a frequency

the type specific physico-chemical

macroalgal cover due to anthropogenic

phytoplanktonic taxa are consistent

The average phytoplankton biomass is

consistent with the type-specific

physico-chemical conditions and is not

and intensity which is consistent with

The composition of macroalgal taxa is

There are no detectable changes in

composition

corresponds totally or nearly totally to

There are no detectable changes in

to

consistent with undisturbed conditions.

due

specific transparency conditions.

with undisturbed conditions.

abundance

High status

anthropogenic activities.

undisturbed conditions.

taxonomic

Biological quality elements

angiosperm

conditions.

activities.

The

Phytoplankton

Element

Angiosperms

Macroalgae

B

A moderate proportion of the type-specific

The level of diversity and abundance of

range associated with the type-specific

disturbance-sensitive species are absent as a

invertebrate taxa is moderately outside the

Many of the sensitive taxa of the type-

result of anthropogenic impacts on

physicochemical or hydromorphological

of the values specified above for the

of the values specified above for the

Conditions consistent with the achievement

Conditions consistent with the achievement

Taxa indicative of pollution are present.

specific communities are absent.

Moderate status

Moderate status

biological quality elements.

biological quality elements.

quality elements.

conditions.

The level of diversity and abundance of

Conditions consistent with the achievement of

the values specified above for the biological

Conditions consistent with the achievement of

the values specified above for the biological

The abundance of the disturbance-sensitive species

shows slight signs of distortion from type-specific

conditions attributable to anthropogenic impacts

on physico-chemical or hydromorphological

invertebrate taxa is slightly outside the range

Most of the sensitive taxa of the type-specific

associated with the type-specific conditions.

Good status

Good status

communities are present.

quality elements.

quality elements.

quality elements.

The freshwater flow regime corresponds

and both the structure and condition of

totally or nearly totally to undisturbed

the intertidal zones correspond totally or

Depth variations, substrate conditions,

nearly totally to undisturbed conditions.

The level of diversity and abundance of

normally associated with undisturbed

All the disturbance-sensitive taxa

Species composition and abundance is

invertebrate taxa is within the range

associated with undisturbed conditions

consistent with undisturbed conditions.

High status

High status

Hydromorphological quality elements

conditions.

are present.

conditions.

Morphological

Element

Element

Tidal regime

invertebrate

Fish fauna

conditions

Benthic

fauna

B

of the values specified above for the

least below the limits of detection of in accordance with the procedure detailed in of the values specified above for the

in accordance with the procedure detailed in of the values specified above for the

Conditions consistent with the achievement

Concentrations close to zero and at Concentrations not in excess of the standards set Conditions consistent with the achievement

Concentrations not in excess of the standards set Conditions consistent with the achievement

( 2 ) Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels: (EQS >bgl).

Moderate status

biological quality elements.

the most advanced analytical section 1.2.6 without prejudice to Directive biological quality elements.

section 1.2.6 ( 2 ) without prejudice to Directive biological quality elements.

Temperature, oxygen balance and established so as to ensure the functioning of the

transparency do not reach levels outside the

ranges established so as to ensure the

achievement of the values specified above for

transparency do not show signs of ecosystem and the achievement of the values

and specified above for the biological quality

functioning of the ecosystem and the

Temperature, oxygenation conditions and

Nutrient concentrations do not exceed the levels

91/414/EC and Directive 98/8/EC. (< EQS)

91/414/EC and Directive 98/8/EC. (< EQS)

( 1 ) The following abbreviations are used: bgl = background level, EQS = environmental quality standard.

the biological quality elements.

Good status

remain within the range normally elements.

remain

within the range normally associated

undisturbed

elements

correspond totally or nearly totally to

undisturbed conditions (background

Specific non-synthetic Concentrations remain within the

range normally associated with

disturbance

with undisturbed conditions.

concentrations

techniques in general use.

High status

undisturbed conditions.

with

Physico-chemical quality elements ( 1 )

Physico-chemical

anthropogenic

levels = bgl).

conditions.

associated

Nutrient

Specific synthetic

Element

conditions

pollutants

pollutants

General

B

Algal biomass is substantially outside the

sensitive macroalgal and angiosperm taxa

Many of the sensitive taxa of the type-

planktonic taxa show signs of moderate

Persistent blooms may occur during

A moderate number of the disturbance-

associated with undisturbed conditions are

abundance is moderately disturbed and

may be such as to result in an undesirable

The level of diversity and abundance of

invertebrate taxa is moderately outside the

range associated with the type-specific

The composition and abundance of

range associated with type-specific

conditions, and is such as to impact upon

A moderate increase in the frequency and

intensity of planktonic blooms may occur.

angiosperm

disturbance to the balance of organisms

Taxa indicative of pollution are present.

other biological quality elements.

specific communities are absent.

Moderate status

and

present in the water body.

cover

summer months.

disturbance.

Macroalgal

conditions.

absent.

balance of organisms present in the water body

phytoplanktonic taxa show slight signs of

There are slight changes in biomass compared

to type-specific conditions. Such changes do not

resulting in undesirable disturbance to the

The level of macroalgal cover and angiosperm

invertebrate taxa is slightly outside the range

of

indicate any accelerated growth of algae

A slight increase in the frequency and intensity

of the type-specific planktonic blooms may

Most disturbance-sensitive macroalgal and

angiosperm taxa associated with undisturbed

The level of diversity and abundance of

Most of the sensitive taxa of the type-specific

associated with the type-specific conditions.

abundance show slight signs of disturbance.

abundance

1.2.4. Definitions for high, good and moderate ecological status in coastal waters

Good status

or to the quality of the water.

and

communities are present.

conditions are present.

composition

disturbance.

occur.

The

Planktonic blooms occur at a frequency

The level of diversity and abundance of

All the disturbance-sensitive taxa

phytoplanktonic taxa are consistent

The average phytoplankton biomass is

consistent with the type-specific

and intensity which is consistent with

the type specific physico-chemical

All disturbance-sensitive macroalgal

The levels of macroalgal cover and

angiosperm abundance are consistent

invertebrate taxa is within the range

The composition and abundance of

such as to significantly alter the type-

and angiosperm taxa associated with

associated with undisturbed conditions

physico-chemical conditions and is not

normally associated with undisturbed

undisturbed conditions are present.

specific transparency conditions.

with undisturbed conditions.

with undisturbed conditions.

High status

are present.

conditions.

conditions.

Biological quality elements

Benthic invertebrate

Macroalgae and

Element

Phytoplankton

angiosperms

Fauna

B

of the values specified above for the

of the values specified above for the

Conditions consistent with the achievement

Conditions consistent with the achievement

Moderate status

biological quality elements.

biological quality elements.

Conditions consistent with the achievement of

the values specified above for the biological

Conditions consistent with the achievement of

the values specified above for the biological

Good status

quality elements.

quality elements.

The freshwater flow regime and the

direction and speed of dominant currents

correspond totally or nearly totally to

The depth variation, structure and

substrate of the coastal bed, and both the

structure and condition of the inter-tidal

zones correspond totally or nearly totally

to the undisturbed conditions.

High status

Hydromorphological quality elements

undisturbed conditions.

Morphological

Element

Tidal regime

conditions

B

of the values specified above for the

least below the limits of detection of in accordance with the procedure detailed in of the values specified above for the

range normally associated with in accordance with the procedure detailed in of the values specified above for the

Conditions consistent with the achievement

Concentrations close to zero and at Concentrations not in excess of the standards set Conditions consistent with the achievement

Specific non-synthetic Concentrations remain within the Concentrations not in excess of the standards set Conditions consistent with the achievement

( 2 ) Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels: (EQS >bgl).

Moderate status

biological quality elements.

the most advanced analytical section 1.2.6 without prejudice to Directive biological quality elements.

section 1.2.6 ( 2 ) without prejudice to Directive biological quality elements.

Temperature, oxygen balance and established so as to ensure the functioning of the

transparency do not reach levels outside the

ranges established so as to ensure the

achievement of the values specified above for

transparency do not show signs of ecosystem and the achievement of the values

and specified above for the biological quality

functioning of the ecosystem and the

Nutrient concentrations do not exceed the levels

Temperature, oxygenation conditions and

91/414/EC and Directive 98/8/EC. (< EQS)

91/414/EC and Directive 98/8/EC. (< EQS)

( 1 ) The following abbreviations are used: bgl = background level, EQS = environmental quality standard.

the biological quality elements.

Good status

remain within the ranges normally elements.

remain

within the range normally associated

undisturbed

elements

correspond totally or nearly totally to

undisturbed conditions (background

disturbance

with undisturbed conditions.

concentrations

techniques in general use.

physico-chemical

High status

undisturbed conditions.

with

Physico-chemical quality elements ( 1 )

anthropogenic

levels = bgl).

conditions.

associated

Nutrient

The

General conditions

Specific synthetic

Element

pollutants

pollutants

B

There are moderate changes in the

elements as compared to the values

These values are significantly more

above for the biological quality

values of the relevant biological quality

distorted than those found under good

the

achievement of the values specified

found at maximum ecological potential.

Moderate ecological potential

with

consistent

1.2.5. Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water bodies

Conditions

elements.

quality.

There are slight changes in the values of the

relevant biological quality elements as compared

to the values found at maximum ecological

Conditions consistent with the achievement of the

values specified above for the biological quality

Good ecological potential

elements.

potential.

elements reflect, as far as possible, those

mitigation measures have been taken to

The values of the relevant biological quality

surface water body type, given the physical

conditions which result from the artificial or

heavily modified characteristics of the

The hydromorphological conditions are

consistent with the only impacts on the

from the artificial or heavily modified

ensure the best approximation to ecological

continuum, in particular with respect to

migration of fauna and appropriate

associated with the closest comparable

surface water body being those resulting

characteristics of the water body once all

Maximum ecological potential

spawning and breeding grounds.

water body.

quality elements

morphological

Element

Biological

elements

Hydro

B

above for the biological quality

advanced analytical techniques in general 1.2.6 without prejudice to Directive 91/414/EC and above for the biological quality

conditions found in the surface water body 1.2.6 ( 1 ) without prejudice to Directive 91/414/EC above for the biological quality

the

achievement of the values specified

the

below the limits of detection of the most accordance with the procedure detailed in section achievement of the values specified

the

normally associated with the undisturbed accordance with the procedure detailed in section achievement of the values specified

with

with

with

consistent

consistent

consistent

( 1 ) Application of the standards derived under this protocol shall not require reduction of pollutant concentrations below background levels.

Conditions

Specific synthetic Concentrations close to zero and at least Concentrations not in excess of the standards set in Conditions

non- Concentrations remain within the range Concentrations not in excess of the standards set in Conditions

elements.

elements.

elements.

The values for physico-chemical elements are

water body types under undisturbed ecosystem and the achievement of the values

functioning of the ecosystem and the achievement

of the values specified above for the biological

Temperature and pH do not reach levels outside

the ranges established so as to ensure the

functioning of the ecosystem and the achievement

of the values specified above for the biological

in the most closely comparable surface established so as to ensure the functioning of the

within the ranges established so as to ensure the

and pH are consistent with the those found Nutrient concentrations do not exceed the levels

specified above for the biological quality elements.

type most closely comparable to the and Directive 98/8/EC. (< EQS)

Directive 98/8/EC. (< EQS)

quality elements.

quality elements.

body type most closely comparable to the

totally or nearly totally to the undisturbed

conditions associated with the surface water

artificial or heavily modified body

range normally associated with such

The levels of temperature, oxygen balance

artificial or heavily modified body

Physico-chemical elements correspond

Nutrient concentrations remain within the

concerned (background levels = bgl).

undisturbed conditions.

conditions.

concerned.

use.

Physico-chemical

conditions

pollutants

pollutants

synthetic

elements

Specific

General

1.2.6. Procedure for the setting of chemical quality standards by the competent authority

In deriving environmental quality standards for pollutants listed in points 1 to 9 of

Annex VIII for the protection of aquatic biota, the competent authority shall act in

accordance with the following provisions. Standards may be set for water, sediment

or biota.

Where possible, both acute and chronic data shall be obtained for the taxa set out

below which are relevant for the water body type concerned as well as any other

aquatic taxa for which data are available. The ‘base set’ of taxa are

algae and/or macrophytes

daphnia or representative organisms for saline waters

fish.

Setting the environmental quality standard

The following procedure applies to the setting of a maximum annual average

concentration

(i) The competent authority shall set appropriate safety factors in each case

consistent with the nature and quality of the available data and the guidance

given in section 3.3.1 of Part II of ‘Technical guidance document in support of

Commission Directive 93/67/EEC (transposed through The Dangerous

Substances (Risk Assessment) Regulations, 2002 (L.N 40 of 2002)) on risk

assessment for new notified substances’ and Commission Regulation (EC) No

1488/94 on risk assessment for existing substances’ and the safety factors set

out in the table below

Safety factor

At least one acute L(E)C 50 from each of three trophic levels

1 000

of the base set

One chronic NOEC (either fish or daphnia or a

representative organism for saline waters)

Two chronic NOECs from species representing two trophic

levels (fish and/or daphnia or a representative organism for

saline waters and/or algae)

Chronic NOECs from at least three species (normally fish,

daphnia or a representative organism for saline waters and

algae) representing three trophic levels

Other cases, including field data or model ecosystems,

Case-by-case

which allow more precise safety factors to be calculated and

assessment

applied

(ii)

where data on persistence and bioaccumulation are available, these shall be

taken into account in deriving the final value of the environmental quality

standard;

B

(iii) the standard thus derived should be compared with any evidence from field

studies. Where anomalies appear, the derivation shall be reviewed to allow a

more precise safety factor to be calculated;

(iv) the standard derived shall be subject to peer review and public consultation

including to allow a more precise safety factor to be calculated.

1.3. Monitoring of ecological status and chemical status for surface waters

The surface water monitoring network shall be established in accordance with the

requirements of regulation 8. The monitoring network shall be designed so as to

provide a coherent and comprehensive overview of ecological and chemical status

within each water catchment and shall permit classification of water bodies into

five classes consistent with the normative definitions in section 1.2. The competent

authority shall provide a map or maps showing the surface water monitoring

network in the water catchment management plan.

On the basis of the characterisation and impact assessment carried out in

accordance with regulation 5 and Annex II, the competent authority shall for each

period to which a water catchment management plan applies, establish a

surveillance monitoring programme and an operational monitoring programme.

The competent authority may also need in some cases to establish programmes of

investigative monitoring.

The competent authority shall monitor parameters which are indicative of the status

of each relevant quality element. In selecting parameters for biological quality

elements, the competent authority shall identify the appropriate taxonomic level

required to achieve adequate confidence and precision in the classification of the

quality elements. Estimates of the level of confidence and precision of the results

provided by the monitoring programmes shall be given in the plan.

1.3.1. Design of surveillance monitoring

Objective

The competent authority shall establish surveillance monitoring programmes to

provide information for

-

supplementing and validating the impact assessment procedure detailed in

Annex II,

-

the efficient and effective design of future monitoring programmes,

-

the assessment of long-term changes in natural conditions, and

-

the assessment of long-term changes resulting from widespread anthropogenic

activity.

The results of such monitoring shall be reviewed and used, in combination with the

impact assessment procedure described in Annex II, to determine requirements for

monitoring programmes in the current and subsequent water catchment

management plans.

Selection of monitoring points

Surveillance monitoring shall be carried out of sufficient surface water bodies to

provide an assessment of the overall surface water status within each catchment or

subcatchments within the water catchment district. In selecting these bodies the

competent authority shall ensure that, where appropriate, monitoring is carried out

at points where

-

the rate of water flow is significant within the district as a whole;

-

the volume of water present is significant within the district; and

such sites as are required to estimate the pollutant load which is transferred into the

marine environment.

Selection of quality elements

Surveillance monitoring shall be carried out for each monitoring site for a period of

one year during the period covered by a water catchment management plan for

-

parameters indicative of all biological quality elements,

-

parameters indicative of all hydromorphological quality elements,

-

parameters indicative of all general physico-chemical quality elements,

-

priority list pollutants which are discharged into the water catchment or sub-

catchment, and

-

other pollutants discharged in significant quantities in the water catchment or

sub-catchment,

unless the previous surveillance monitoring exercise showed that the body

concerned reached good status and there is no evidence from the review of impact

of human activity as described in Annex II that the impacts on the body have

changed. In these cases, surveillance monitoring shall be carried out once every

three water catchment management plans.

1.3.2. Design of operational monitoring

Operational monitoring shall be undertaken in order to

-

establish the status of those bodies identified as being at risk of failing to meet

their environmental objectives, and

-

assess any changes in the status of such bodies resulting from the programmes

of measures.

B

The programme may be amended during the period of the water catchment

management plan in the light of information obtained as part of the requirements of

Annex II or as part of this Annex, in particular to allow a reduction in frequency

where an impact is found not to be significant or the relevant pressure is removed.

Selection of monitoring sites

Operational monitoring shall be carried out for all those bodies of water which on

the basis of either the impact assessment carried out in accordance with Annex II or

surveillance monitoring are identified as being at risk of failing to meet their

environmental objectives under Regulation 4 and for those bodies of water into

which priority list substances are discharged. Monitoring points shall be selected

for priority list substances as specified in the legislation laying down the relevant

environmental quality standard. In all other cases, including for priority list

substances where no specific guidance is given in such legislation, monitoring

points shall be selected as follows

for bodies at risk from significant point source pressures, sufficient monitoring

points within each body in order to assess the magnitude and impact of the

point source. Where a body is subject to a number of point source pressures

monitoring points may be selected to assess the magnitude and impact of these

pressures as a whole,

for bodies at risk from significant diffuse source pressures, sufficient

monitoring points within a selection of the bodies in order to assess the

magnitude and impact of the diffuse source pressures. The selection of bodies

shall be made such that they are representative of the relative risks of the

occurrence of the diffuse source pressures, and of the relative risks of the

failure to achieve good surface water status,

for bodies at risk from significant hydromorphological pressure, sufficient

monitoring points within a selection of the bodies in order to assess the

magnitude and impact of the hydromorphological pressures. The selection of

bodies shall be indicative of the overall impact of the hydromorphological

pressure to which all the bodies are subject.

Selection of quality elements

In order to assess the magnitude of the pressure to which bodies of surface water

are subject the competent authority shall monitor for those quality elements which

are indicative of the pressures to which the body or bodies are subject. In order to

assess the impact of these pressures, the competent authority shall monitor as

relevant

parameters indicative of the biological quality element, or elements, most

sensitive to the pressures to which the water bodies are subject,

all priority substances discharged, and other pollutants discharged in significant

quantities,

parameters indicative of the hydromorphological quality element most

sensitive to the pressure identified.

1.3.3. Design of investigative monitoring

Objective

Investigative monitoring shall be carried out

-

where the reason for any exceedances is unknown,

-

where surveillance monitoring indicates that the objectives set out in regulation

4 for a body of water are not likely to be achieved and operational monitoring

has not already been established, in order to ascertain the causes of a water

body or water bodies failing to achieve the environmental objectives, or

-

to ascertain the magnitude and impacts of accidental pollution,

and shall inform the establishment of a programme of measures for the

achievement of the environmental objectives and specific measures necessary to

remedy the effects of accidental pollution.

1.3.4. Frequency of monitoring

For the surveillance monitoring period, the frequencies for monitoring parameters

indicative of physico-chemical quality elements given below should be applied

unless greater intervals would be justified on the basis of technical knowledge and

expert judgement. For biological or hydromorphological quality elements

monitoring shall be carried out at least once during the surveillance monitoring

period.

For operational monitoring, the frequency of monitoring required for any parameter

shall be determined by the competent authority so as to provide sufficient data for a

reliable assessment of the status of the relevant quality element. As a guideline,

monitoring should take place at intervals not exceeding those shown in the table

below unless greater intervals would be justified on the basis of technical

knowledge and expert judgement.

Frequencies shall be chosen so as to achieve an acceptable level of confidence and

precision. Estimates of the confidence and precision attained by the monitoring

system used shall be stated in the water catchment management plan.

Monitoring frequencies shall be selected which take account of the variability in

parameters resulting from both natural and anthropogenic conditions. The times at

which monitoring is undertaken shall be selected so as to minimise the impact of

seasonal variation on the results, and thus ensure that the results reflect changes in

the water body as a result of changes due to anthropogenic pressure. Additional

monitoring during different seasons of the same year shall be carried out, where

necessary, to achieve this objective.

B

Quality element

Rivers

Lakes

Transitional

Coastal

Biological

Phytoplankton

6 months

6 months

6 months

6 months

Other aquatic flora

3 years

3 years

3 years

3 years

Macro invertebrates

3 years

3 years

3 years

3 years

Fish

3 years

3 years

3 years

Hydromorphological

Continuity

6 years

Hydrology

continuous

1 month

Morphology

6 years

6 years

6 years

6 years

Physico-chemical

Thermal conditions

3 months

3 months

3 months

3 months

Oxygenation

3 months

3 months

3 months

3 months

Salinity

3 months

3 months

3 months

Nutrient status

3 months

3 months

3 months

3 months

Acidification status

3 months

3 months

Other pollutants

3 months

3 months

3 months

3 months

Priority substances

1 month

1 month

1 month

1 month

1.3.5. Additional monitoring requirements for protected areas

The monitoring programmes required above shall be supplemented in order to fulfil

the following requirements

Drinking water abstraction points

Bodies of surface water designated in Regulation 7 which provide more than 100 m

3 a day as an average shall be designated as monitoring sites and shall be subject to

such additional monitoring as may be necessary to meet the requirements of that

Regulation. Such bodies shall be monitored for all priority substances discharged

and all other substances discharged in significant quantities which could affect the

status of the body of water and which are controlled under the provisions of the any

regulations on the quality of water intended for human consumption. Monitoring

shall be carried out in accordance with the frequencies set out below

Community served

Frequency

<10 000

4 per year

10 000 to 30 000

8 per year

>30 000

12 per year.

Habitat and species protection areas

Bodies of water forming these areas shall be included within the operational

monitoring programme referred to above where, on the basis of the impact

assessment and the surveillance monitoring, they are identified as being at risk of

failing to meet their environmental objectives under regulation 4. Monitoring shall

be carried out to assess the magnitude and impact of all relevant significant

pressures on these bodies and, where necessary, to assess changes in the status of

such bodies resulting from the programmes of measures. Monitoring shall continue

until the areas satisfy the water-related requirements of the legislation under which

they are designated and meet their objectives under regulation 4.

1.3.6. Standards for monitoring of quality elements

Methods used for the monitoring of type parameters shall conform to the

international standards listed below or such other national or international standards

which will ensure the provision of data of an equivalent scientific quality and

comparability.

Macroinvertebrate sampling

MSA EN ISO 5667-3:2000 Water quality - Sampling - PART 3: Guidance on the

preservation and handling of samples

MSA EN 27828:2000

Water quality - Methods for biological sampling -

Guidance

on

hand

net

sampling

of

benthic

macroinvertebrates

MSA EN 28265:2000

Water quality - Methods of biological sampling -

Guidance on the design and use of quantitative samplers for

benthic macroinvertebrates on stony substrata in shallow

waters

MSA EN ISO 9391:2000

Water quality - Sampling in deep waters for

macroinvertebrates – Guidance on the use of colonisation,

qualitative and quantitative samplers

MSA EN ISO 8689-1:2000 Biological classification of rivers PART I: Guidance

on the interpretation of biological quality data from surveys

of benthic macroinvertebrates in running waters

MSA EN ISO 8689-2:2002 Biological classification of rivers PART II: Guidance

on the presentation of biological quality data from surveys of

benthic macroinvertebrates in running waters

Macrophyte sampling

Relevant MSA standards when developed

Fish sampling

Relevant MSA standards when developed

Phytoplankton sampling

Relevant MSA standards when developed

Standards for physico-chemical parameters

Any relevant MSA standards

B

Standards for hydromorphological parameters

Any relevant MSA standards

1.4.

Classification and presentation of ecological status

1.4.1. Comparability of monitoring results

The competent authority shall establish monitoring systems for the purpose of estimating

the values of the biological quality elements specified for each surface water category or

for heavily modified and artificial bodies of surface water. In applying the procedure set

out below to heavily modified or artificial water bodies, references to ecological status

should be construed as references to ecological potential. Such systems may utilise

particular species or groups of species which are representative of the quality element as a

whole.

In order to ensure comparability of such monitoring systems, the results shall be expressed

as ecological quality ratios for the purposes of classification of ecological status. These

ratios shall represent the relationship between the values of the biological parameters

observed for a given body of surface water and the values for these parameters in the

reference conditions applicable to that body. The ratio shall be expressed as a numerical

value between zero and one, with high ecological status represented by values close to one

and bad ecological status by values close to zero.

The competent authority shall divide the ecological quality ratio scale for their monitoring

system for each surface water category into five classes ranging from high to bad

ecological status, as defined in Section 1.2, by assigning a numerical value to each of the

boundaries between the classes. The value for the boundary between the classes of high

and good status, and the value for the boundary between good and moderate status shall be

established through the intercalibration exercise.

1.4.2. Presentation of monitoring results and classification of ecological status and

ecological potential

(i)

For surface water categories, the ecological status classification for the body of

water shall be represented by the lower of the values for the biological and physico-

chemical monitoring results for the relevant quality elements classified in accordance with

the first column of the table set out below. The competent authority shall provide a map for

each water catchment district illustrating the classification of the ecological status for each

body of water, colour-coded in accordance with the second column of the table set out

below to reflect the ecological status classification of the body of water

Ecological status classification

Colour code

High

Blue

Good

Green

Moderate

Yellow

Poor

Orange

Bad

Red

B

(ii)

For heavily modified and artificial water bodies, the ecological potential

classification for the body of water shall be represented by the lower of the values for the

biological and physico-chemical monitoring results for the relevant quality elements

classified in accordance with the first column of the table set out below. The competent

authority shall provide a map for each water catchment district illustrating the

classification of the ecological potential for each body of water, colour-coded, in respect of

artificial water bodies in accordance with the second column of the table set out below, and

in respect of heavily modified water bodies in accordance with the third column of that

table

Ecological potential

Colour code

classification

Artificial Water

Heavily Modified

Bodies

Equal green and light

Equal green and dark grey

Good and high

grey stripes

stripes

Equal yellow and

Equal yellow and dark

Moderate

light grey stripes

grey stripes

Equal orange and

Equal orange and dark

Poor

light grey stripes

grey stripes

Equal red and light

Equal red and dark grey

Bad

grey stripes

stripes

(iii)

The competent authority shall also indicate, by a black dot on the map, those bodies

of water where failure to achieve good status or good ecological potential is due to non-

compliance with one or more environmental quality standards which have been established

for that body of water in respect of specific synthetic and non-synthetic pollutants (in

accordance with the compliance regime established by the competent authority).

1.4.3. Presentation of monitoring results and classification of chemical status

Where a body of water achieves compliance with all the environmental quality standards

established in Annex IX and under other relevant legislation setting environmental quality

standards, that body of water shall be recorded as achieving good chemical status. If not,

the body shall be recorded as failing to achieve good chemical status.

The competent authority shall provide a map for each water catchment district illustrating

chemical status for each body of water, colour-coded in accordance with the second

column of the table set out below to reflect the chemical status classification of the body of

water

Chemical status classification

Colour code

Good

Blue

Failing to achieve good

Red

2. GROUNDWATER

B

Groundwater quantitative status

2.1.1. Parameter for the classification of quantitative status

Groundwater level regime

2.1.2. Definition of quantitative status

Good status

The level of groundwater in the groundwater body is

such that the available groundwater resource is not

exceeded by the long-term annual average rate of

abstraction.

Accordingly, the level of groundwater is not subject to

anthropogenic alterations such as would result in

•

failure to achieve the environmental objectives

specified under Regulation 4 for associated

surface waters,

•

any significant diminution in the status of such

waters,

•

any significant damage to terrestrial ecosystems

which depend directly on the groundwater body,

and alterations to flow direction resulting from level

changes may occur temporarily, or continuously in a

spatially limited area, but such reversals do not cause

saltwater or other intrusion, and do not indicate a

sustained and clearly identified anthropogenically

induced trend in flow direction likely to result in such

intrusions.

Monitoring of groundwater quantitative status

2.2.1. Groundwater level monitoring network

The groundwater monitoring network shall be established in accordance with the

requirements of regulations 7 and 8. The monitoring network shall be designed so as to

provide a reliable assessment of the quantitative status of all groundwater bodies or groups

of bodies including assessment of the available groundwater resource. The competent

authority shall provide a map or maps showing the groundwater monitoring network in the

water catchment management plan.

2.2.2. Density of monitoring sites

B

The network shall include sufficient representative monitoring points to estimate the

groundwater level in each groundwater body or group of bodies taking into account short

and long-term variations in recharge and in particular

for groundwater bodies identified as being at risk of failing to achieve environmental

objectives under regulation 4, the competent authority shall ensure sufficient density of

monitoring points to assess the impact of abstractions and discharges on the groundwater

level.

2.2.3. Monitoring frequency

The frequency of observations shall be sufficient to allow assessment of the quantitative

status of each groundwater body or group of bodies taking into account short and long-

term variations in recharge. In particular, for groundwater bodies identified as being at risk

of failing to achieve environmental objectives under Regulation 4, the competent authority

shall ensure sufficient frequency of measurement to assess the impact of abstractions and

discharges on the groundwater level

2.2.4. Interpretation and presentation of groundwater quantitative status

The results obtained from the monitoring network for a groundwater body or group of

bodies shall be used to assess the quantitative status of that body or those bodies. Subject

to point 2.5. The competent authority shall provide a map of the resulting assessment of

groundwater quantitative status, colour-coded in accordance with the following regime

Good: green

Poor: red

2.3.

Groundwater chemical status

2.3.1. Parameters for the determination of groundwater chemical status

Conductivity

Concentrations of pollutants

2.3.2. Definition of good groundwater chemical status

Elements

Good status

General

The chemical composition of the groundwater body is

such that the concentrations of pollutants

as specified below, do not exhibit the effects of saline or

other intrusions

do not exceed the quality standards applicable under

other relevant legislation

are not such as would result in failure to achieve the

environmental objectives specified under Regulation 4

B

for associated surface waters nor any significant

diminution of the ecological or chemical quality of such

bodies nor in any significant damage to terrestrial

ecosystems which depend directly on the groundwater

body

Conductivity

Changes in conductivity are not indicative of saline or

other intrusion into the groundwater body

2.4.

Monitoring of groundwater chemical status

2.4.1. Groundwater monitoring network

The groundwater monitoring network shall be established in accordance with the

requirements of regulations 7 and 8. The monitoring network shall be designed so as to

provide a coherent and comprehensive overview of groundwater chemical status within

each water catchment and to detect the presence of long-term anthropogenically induced

upward trends in pollutants.

On the basis of the characterisation and impact assessment carried out in accordance with

regulation 5 and Annex II, the competent authority shall for each period to which a water

catchment management plan applies, establish a surveillance monitoring programme. The

results of this programme shall be used to establish an operational monitoring programme

to be applied for the remaining period of the plan.

Estimates of the level of confidence and precision of the results provided by the monitoring

programmes shall be given in the plan.

2.4.2. Surveillance monitoring

Objective

Surveillance monitoring shall be carried out in order to

•

supplement and validate the impact assessment procedure,

•

provide information for use in the assessment of long term trends both as a result of

changes in natural conditions and through anthropogenic activity.

Selection of monitoring sites

Sufficient monitoring sites shall be selected for bodies identified as being at risk following

the characterisation exercise undertaken in accordance with Annex II.

Selection of parameters

The following set of core parameters shall be monitored in all the selected groundwater

bodies

•

oxygen content

•

pH value

B

•

conductivity

•

nitrate

•

ammonium

Bodies which are identified in accordance with Annex II as being at significant risk of

failing to achieve good status shall also be monitored for those parameters which are

indicative of the impact of these pressures.

2.4.3. Operational monitoring

Objective

Operational monitoring shall be undertaken in the periods between surveillance monitoring

programmes in order to

•

establish the chemical status of all groundwater bodies or groups of bodies

determined as being at risk,

•

establish the presence of any long term anthropogenically induced upward trend in

the concentration of any pollutant.

Selection of monitoring sites

Operational monitoring shall be carried out for all those groundwater bodies or groups of

bodies which on the basis of both the impact assessment carried out in accordance with

Annex II and surveillance monitoring are identified as being at risk of failing to meet

objectives under regulation 4. The selection of monitoring sites shall also reflect an

assessment of how representative monitoring data from that site is of the quality of the

relevant groundwater body or bodies.

Frequency of monitoring

Operational monitoring shall be carried out for the periods between surveillance

monitoring programmes at a frequency sufficient to detect the impacts of relevant

pressures but at a minimum of once per annum.

2.4.4. Identification of trends in pollutants

The competent authority shall use data from both surveillance and operational monitoring

in the identification of long-term anthropogenically induced upward trends in pollutant

concentrations and the reversal of such trends. The base year or period from which trend

identification is to be calculated shall be identified. The calculation of trends shall be

undertaken for a body or, where appropriate, group of bodies of groundwater. Reversal of a

trend shall be demonstrated statistically and the level of confidence associated with the

identification stated.

2.4.5. Interpretation and presentation of groundwater chemical status

In assessing status, the results of individual monitoring points within a groundwater body

shall be aggregated for the body as a whole. Without prejudice toany legislation concerned,

B

for good status to be achieved for a groundwater body, for those chemical parameters for

which environmental quality standards have been set in legislation

•

the mean value of the results of monitoring at each point in the groundwater body

or group of bodies shall be calculated, and

•

these mean values shall be used to demonstrate compliance with good groundwater

chemical status.

Subject to point 2.5, the competent authority shall provide a map of groundwater chemical

status, colour-coded as indicated below

Good: green

Poor: red

The competent authority shall also indicate by a black dot on the map, those groundwater

bodies which are subject to a significant and sustained upward trend in the concentrations

of any pollutant resulting from the impact of human activity. Reversal of a trend shall be

indicated by a blue dot on the map.

These maps shall be included in the water catchment management plan.

2.5.

Presentation of Groundwater Status

The competent authority shall provide in the water catchment management plan a map

showing for each groundwater body or groups of groundwater bodies both the quantitative

status and the chemical status of that body or group of bodies, colour-coded in accordance

with the requirements of points 2.2.4 and 2.4.5. The competent authority may choose not to

provide separate maps under points 2.2.4 and 2.4.5 but shall in that case also provide an

indication in accordance with the requirements of point 2.4.5 on the map required under

this point, of those bodies which are subject to a significant and sustained upward trend in

the concentration of any pollutant or any reversal in such a trend.

ANNEX VI

LISTS OF MEASURES TO BE INCLUDED WITHIN THE PROGRAMMES OF

MEASURES

PART A

Measures required under the following regulations, and any amendements issued thereto

(i)

Quality of Bathing Water Regulations, 2003 (L.N. 380 of 2003) (The

Bathing Water Directive (76/160/EEC));

(ii)

The Protection of Birds and Wild Rabbit Regulations, 1993 (L.N. 146 of

1993) as amended (The Birds Directive (79/409/EEC));

(iii)

Quality of Water Intended for Human Consumption Regulations, 2004 (L.N.

23 of 2004) (The Drinking Water Directive (80/778/EEC) as amended by

Directive (98/83/EC));

(iv)

Control of Major Accident Hazards Regulations, 2003 (L.N. 37 of 2003) (The

Major Accidents (Seveso) Directive (96/82/EC));

(v)

Environment Impact Assessment Regulations, 2001 (L.N. 204 of 2001) (The

Environmental Impact Assessment Directive (85/337/EEC)) 1 ;

(vi)

The Sludge (Use in Agriculture) Regulations, 2001 (L.N. 212 of 2001) (The

Sewage Sludge Directive (86/278/EEC)) 2 ;

(vii)

Urban Waste Water Treatment Regulations, 2001 (L.N. 340 of 2001) (The

Urban Waste-water Treatment Directive (91/271/EEC)) 3 ;

(viii)

The Plant Protection Products Directive (91/414/EEC);

(ix)

Protection of Waters Against Pollution Caused by Nitrates from Agricultural

Sources Regulations, 2001 (L.N. 343 of 2001) (The Nitrates Directive

(91/676/EEC)) 4 ;

(x)

Flora, Fauna and Natural Habitats Protection Regulations, 2003 (L.N. 257 of

2003) (The Habitats Directive (92/43/EEC));

(xi)

Integrated Pollution Prevention and Control Regulations, 2002 (L.N. 234 of

2002) (The Integrated Pollution Prevention Control Directive (96/61/EC)) 5 .

PART B

The following is a non-exclusive list of supplementary measures which the competent

authority within each water catchment district may choose to adopt as part of the

programme of measures required under regulation 11(4)

(i)

provisions established through the Malta Resources Authority Act and the

Environment Protection Act

(ii)

administrative instruments

(iii)

economic or fiscal instruments

(iv)

negotiated environmental agreements

Environment Impact Assesment Regualtions , 2001 (LN 204/2001)

The Sludge regualtions, 2001 (LN 212/2001)

Urban Waste Water Treatement regulations, 2001 ( LN 340/2001)

Protection of Waters against Pollution caused by Nitrates from Agricultural Sources regulations, 2001 (LN

Integrated Pollution Prevention and Control regualtions, 2002 (LN 234/2002)

B

(v)

emission controls

(vi)

codes of good practice

(vii)

recreation and restoration of wetlands areas

(viii)

abstraction controls

(ix)

demand management measures, inter alia, promotion of adapted agricultural

production such as low water requiring crops in areas affected by drought

(x)

efficiency and reuse measures, inter alia, promotion of water-efficient

technologies in industry and water-saving irrigation techniques

(xi)

construction projects

(xii)

desalination plants

(xiii)

rehabilitation projects

(xiv)

artificial recharge of aquifers

(xv)

educational projects

(xvi)

research, development and demonstration projects

(xvii)

other relevant measures

ANNEX VII

WATER CATCHMENT MANAGEMENT PLANS

Water catchment management plans shall cover the following elements

1. a general description of the characteristics of the water catchment district

required under regulation 5 and Annex II. This shall include

for surface waters

- mapping of the location and boundaries of water bodies,

- mapping of the ecoregions and surface water body types within the water

catchment,

- identification of reference conditions for the surface water body types;

for groundwaters

- mapping of the location and boundaries of groundwater bodies;

2. a summary of significant pressures and impact of human activity on the

status of surface water and groundwater, including

- estimation of point source pollution,

- estimation of diffuse source pollution, including a summary of land use,

- estimation of pressures on the quantitative status of water including

abstractions,

- analysis of other impacts of human activity on the status of water;

3. identification and mapping of protected areas as required by regulation 6

and Annex IV;

4. a map of the monitoring networks established for the purposes of regulation

8 and Annex V, and a presentation in map form of the results of the

monitoring programmes carried out under those provisions for the status of

surface water (ecological and chemical);

groundwater (chemical and quantitative);

protected areas;

B

5. a list of the environmental objectives established under regulation 4 for

surface waters, groundwaters and protected areas, including in particular

identification of instances where use has been made of regulation 4(4), (5),

(6) and (7), and the associated information required under that regulation;

6. a summary of the economic analysis of water use as required by regulation

5 and Annex III;

7. a summary of the programme or programmes of measures adopted under

regulation 11, including the ways in which the objectives established under

regulation 4 are thereby to be achieved;

a summary of the measures required to implement legislation for the

protection of water;

a report on the practical steps and measures taken to apply the principle of

recovery of the costs of water use in accordance with regulation 9;

a summary of the measures taken to meet the requirements of regulation 7;

a summary of the controls on abstraction and impoundment of water,

including reference to the registers and identifications of the cases where

exemptions have been made under regulation 11(3)(e);

a summary of the controls adopted for point source discharges and other

activities with an impact on the status of water in accordance with the

provisions of regulation 11(3)(g) and 11(3)(i);

an identification of the cases where direct discharges to groundwater have

been authorised in accordance with the provisions of regulation 11(3)(j);

a summary of the measures taken on priority substances;

a summary of the measures taken to prevent or reduce the impact of

accidental pollution incidents;

a summary of the measures taken under regulation 11(5) for bodies of water

which are unlikely to achieve the objectives set out under regulation 4;

details of the supplementary measures identified as necessary in order to

meet the environmental objectives established;

details of the measures taken to avoid increase in pollution of marine waters

in accordance with regulation 11(6);

8. a register of any more detailed programmes and management plans for the

water catchment district dealing with particular sub-catchments, sectors,

issues or water types, together with a summary of their contents;

9. a summary of the public information and consultation measures taken, their

results and the changes to the plan made as a consequence;

10. a list of competent authorities in accordance with Annex I;

11. the contact points and procedures for obtaining the background

documentation and information referred to in regulation 13(1), and in

particular details of the control measures adopted in accordance with

regulation 11(3)(g) and 11(3)(i) and of the actual monitoring data gathered

in accordance with regulation 8 and Annex V.

The first update of the water catchment management plan and all subsequent

updates shall also include

1. a summary of any changes or updates since the publication of the previous

version of the water catchment management plan, including a summary of

the reviews to be carried out under regulation 4(4), (5), (6) and (7);

2. an assessment of the progress made towards the achievement of the

environmental objectives, including presentation of the monitoring results

for the period of the previous plan in map form, and an explanation for any

environmental objectives which have not been reached;

3. a summary of, and an explanation for, any measures foreseen in the earlier

version of the water catchment management plan which have not been

undertaken;

4. a summary of any additional interim measures adopted under regulation

11(5) since the publication of the previous version of the water catchment

management plan.

B

ANNEX VIII

INDICATIVE LIST OF THE MAIN POLLUTANTS

1. Organohalogen compounds and substances which may form such compounds in the

aquatic environment.

2. Organophosphorous compounds.

3. Organotin compounds.

4. Substances and preparations, or the breakdown products of such, which have been

proved to possess carcinogenic or mutagenic properties or properties which may

affect steroidogenic, thyroid, reproduction or other endocrine-related functions in

or via the aquatic environment.

5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic

substances.

6. Cyanides.

7. Metals and their compounds.

8. Arsenic and its compounds.

9. Biocides and plant protection products.

10. Materials in suspension.

11. Substances which contribute to euthrophication (in particular, nitrates and

phosphates).

12. Substances which have an unfavourable influence on the oxygen balance (and can

be measured using parameters such as BOD, COD, etc).

B

ANNEX IX

EMISSION LIMIT VALUES AND ENVIRONMENTAL QUALITY STANDARDS

The ‘limit values’ and ‘quality objectives’ established under the regulations following the

Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic

Environment Regulations, 2001(L.N. 213 of 2001) shall be considered emission limit

values and environmental quality standards, respectively, for the purposes of these

regulations. They are established in the following regulations

(i)

Limit Values and Quality Objectives for Mercury Discharges by Sectors Other

Than the Chlor-Alkali Electrolysis Industry Regulations, 2001 (L.N. 219 of 2001);

(ii)

Limit Values and Quality Objectives for Cadmium Discharges Regulations, 2001

(L.N. 221 of 2001);

(iii)

Limit Values and Quality Objectives for Mercury Discharges by the Chlor-alkali

Electrolysis Industry Regulations, 2001 (L.N. 220 of 2001);

(iv)

Limit Values and Quality Objectives for Hexachlorocyclohexane Regulations,

2001 (L.N. 218 of 2001); and

(v)

Limit Values and Quality Objectives for Discharges of Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations, 2001 (L.N. 227 of

2001).

B

ANNEX X

LIST OF PRIORITY SUBSTANCES IN THE FIELD OF WATER POLICY (*)

CAS number (1)

EU number (2)

Name of priority substance

Identified as

priority

hazardous

substance

(1)

15972-60-8

240-110-8

Alachlor

(2)

120-12-7

204-371-1

Anthracene

(X) (***)

(3)

1912-24-9

217-617-8

Atrazine

(X) (***)

(4)

71-43-2

200-753-7

Benzene

(5)

not applicable

not applicable

Brominated diphenylethers(**)

X (****)

(6)

7440-43-9

231-152-8

Cadmium

X

(7)

85535-84-8

287-476-5

C 10-13 -chloroalkanes (**)

X

(8)

470-90-6

207-432-0

Chlorfenvinphos

(9)

2921-88-2

220-864-4

Chlorpyrifos

(X) (***)

(10)

107-06-2

203-458-1

1,2-Dichloroethane

(11)

75-09-2

200-838-9

Dichloromethane

(12)

117-81-7

204-211-0

Di(2-ethylhexyl)phthalate

(X) (***)

(DEHP)

(13)

330-54-1

206-354-4

Diuron

(X) (***)

(14)

115-29-7

204-079-4

Endosulfan

(X) (***)

959-98-8

not applicable

(alpha-endosulfan)

(15)

206-44-0

205-912-4

Fluoranthene

(*****)

(16)

118-74-1

204-273-9

Hexachlorobenzene

X

(17)

87-68-3

201-765-5

Hexachlorobutadiene

X

(18)

608-73-1

210-158-9

Hexachlorocyclohexane

X

58-89-9

200-401-2

(gamma-isomer, Lindane)

(19)

34123-59-6

251-835-4

Isoproturon

(X) (***)

(20)

7439-92-1

231-100-4

Lead and its compounds

(X) (***)

(21)

7439-97-6

231-106-7

Mercury and its compounds

X

(22)

91-20-3

202-049-5

Naphthalene

(X) (***)

(23)

7440-02-0

231-111-4

Nickel and its compounds

(24)

25154-52-3

246-672-0

Nonylphenols

X

104-40-5

203-199-4

(4-(para)-nonylphenol)

(25)

1806-26-4

217-302-5

Octylphenols

(X) (***)

140-66-9

not applicable

(para-tert-octylphenol)

(26)

608-93-5

210-172-5

Pentachlorobenzene

X

(27)

87-86-5

201-778-6

Pentachlorophenol

(X) (***)

(28)

not applicable

not applicable

Polyaromatic hydrocarbons

X

50-32-8

200-028-5

(Benzo(a)pyrene),

205-99-2

205-911-9

(Benzo(b)fluoranthene),

191-24-2

205-883-8

(Benzo(g,h,i)perylene),

207-08-9

205-916-6

(Benzo(k)fluoranthene),

193-39-5

205-893-2

(Indeno(1,2,3-cd)pyrene)

(29)

122-34-9

204-535-2

Simazine

(X) (***)

B

(30)

688-73-3

211-704-4

Tributyltin compounds

X

36643-28-4

not applicable

(Tributyltin-cation)

(31)

12002-48-1

234-413-4

Trichlorobenzenes

(X) (***)

120-82-1

204-428-0

(1,2,4-Trichlorobenzene)

(32)

67-66-3

200-663-8

Trichloromethane

(Chloroform)

(33)

1582-09-8

216-428-8

Trifluralin

(X) (***)

(*) Where groups of substances have been selected, typical individual representatives are

listed as indicative parameters (in brackets and without number). The establishment of

controls will be targeted to these individual substances, without prejudicing the inclusion

of other individual representatives, where appropriate.

(**) These groups of substances normally include a considerable number of individual

compounds. At present, appropriate indicative parameters cannot be given.

(***) This priority substance is subject to a review for identification as possible “priority

hazardous substance”.

(****) Only Pentabromobiphenylether (CAS-number 32534-81-9).

(*****) Fluoranthene is on the list as an indicator of other, more dangerous Polyaromatic

Hydrocarbons.

(1)

CAS: Chemical Abstract Services.

(2)

EU-number: European Inventory of Existing Commercial Chemical Substances

(EINECS) or European List of Notified Chemical Substances (ELINCS).

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