MT
345 tal-2015 - Regolamenti tal-2015 dwar Pjan ta’ Azzjoni fil-Qafas tal-Politika tal-Ilma.
Table of Provisions (30)
Statutory Text (30 Articles)
L.N. 345 of 2015
ENVIRONMENT AND DEVELOPMENT PLANNING ACT
(CAP. 504)
MALTA RESOURCES AUTHORITY ACT
(CAP. 423)
Water Policy Framework Regulations, 2015
BY VIRTUE of the powers conferred by articles 61(2) and 64 of
the Environment and Development Planning Act and article 28(1) of
the Malta Resources Authority Act, the Minister for Sustainable
Development, the Environment and Climate Change, together with
the Minister for Energy and Health, and after consultation with the
Malta Environment and Planning Authority, has made the following
regulations:-
The title of these regulations is the Water Policy Citation.
Framework Regulations, 2015.
SURFACE WATERS
1.1 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 - watercourses, pools, 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.
1.2 Ecoregions and surface water body types
Watercourses
System A
Fixed typology
Descriptors
Ecoregion
Italy, Corsica and Malta
Type
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
System B
Alternative characterisation
Physical and chemical factors that determine the
characteristics of the watercourse or part of the
watercourse and hence the biological population
structure and composition
Obligatory factors
altitude
latitude
longitude
geology
size
Optional factors
distance from water 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
Lakes
System A
Fixed typology
Descriptors
Ecoregion
Italy, Corsica and Malta
Type
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
System B
Alternative characterisation
Physical and chemical factors that determine the
characteristics of the lake and hence the biological
population structure and composition
Obligatory factors
altitude
latitude
longitude
depth
geology
size
Optional factors
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
Transitional waters
System A
Fixed typology
Descriptors
Ecoregion
Mediterranean Sea
Type
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
System B
Alternative characterisation
Physical and chemical factors that determine the
characteristics of the transitional water and hence
the biological population structure and
composition
Obligatory factors
latitude
longitude
tidal range
salinity
Optional factors
depth
current velocity
wave exposure
residence time
mean water temperature
mixing characteristics
turbidity
mean substratum composition
shape
water temperature range
Coastal waters
System A
Fixed typology
Descriptors
Ecoregion
Mediterranean Sea
Type
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 depth
shallow waters: <30 m
intermediate: (30 to 200 m)
deep: >200 m
System B
Alternative characterisation
Physical and chemical factors that determine the
characteristics of the coastal water and hence the
biological population structure and composition
Obligatory factors
latitude
longitude
tidal range
salinity
Optional factors
current velocity
wave exposure
residence time
mean water temperature
mixing characteristics
turbidity
retention time (of enclosed bays)
mean substratum composition
water temperature range
1.3 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 Schedule V for that
surface water body type at high ecological status as defined in the relevant table in
point 1.2 in Schedule V. Type-specific biological reference conditions shall be
established, representing the values of the biological quality elements specified in
point 1.1 in Schedule V for that surface water body type at high ecological status
as defined in the relevant table in section 1.2 in Schedule 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 Schedule 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.
1.4 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 Schedule VIII, Schedule IX and X 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 (S.L.
504.40) and programmes published subsequent to these regulations;
(ii) regulations 7, 8 and 18 of the Industrial Emissions (Integrated Pollution
Prevention and Control) Regulations (S.L. 504.54);
and for the purposes of the initial water catchment management plan
(iii) Schedule IX and Schedule X;
(iv) the Water Intended for Human Consumption Regulations (S.L. 449.57),
the Management of Bathing Water Quality Regulations (S.L. 465.09);
Estimation and identification of significant diffuse source pollution, in
particular by substances listed in Schedule 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 (S.L. 504.43);
(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 (S.L. 504.39), the Management of Bathing Water
Quality Regulations (S.L. 465.09).
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.
Inventory of Emissions, Discharges and Losses
(a) For the purposes of the first and subsequent reviews of the analysis
required under regulation 5, the competent authority shall establish an inventory,
including maps, if available, of emissions, discharges and losses of all priority
substances and pollutants listed in Part A, Table 1 of Schedule IX on the basis of
the information collected in accordance with regulations 5 and 8, the European
Pollutant Release and Transfer Register Reporting Obligations Regulations (S.L.
504.81), environmental permits and, or operational permits as issued by the
relevant competent authority and other available data, for the water catchment
district lying within the Maltese territory, including their concentrations in
sediment and biota, as appropriate.
(b) The reference period for the estimation of pollutant values to be entered
in the inventories referred to in point (a) above shall be one year between 2008 and
2010. However, for priority substances or pollutants covered by the Plant
Protection Products Regulations, 2004 (L.N. 115 of 2004), the entries may be
calculated as the average of the years 2008, 2009 and 2010.
(c) The inventories shall be updated as part of the reviews of the analyses
specified in regulation 6(2). The reference period for the establishment of values in
the updated inventories shall be the year before that analysis is to be completed.
For priority substances or pollutants covered by Plant Protection Products
Regulations, 2004, the entries may be calculated as the average of the three years
before the completion of that analysis. The updated inventories shall be published
in the updated water catchment management plans as laid down in regulation
13(5).
1.5 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 5. 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 12.
(ii)
GROUNDWATERS
2.1 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 5. 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,
-
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.
2.2 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 12. 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.
2.3 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 5, the following
information shall, where relevant, be collected and maintained for each
groundwater body
(i)
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,
(ii)
the annual average rates of abstraction from such points,
(iii)
the chemical composition of water abstracted from the
groundwater body,
(iv)
the location of points in the groundwater body into which water
is directly discharged,
(v)
the rates of discharge at such points,
(vi)
the chemical composition of discharges to the groundwater
body, and
(vii) 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.
2.4 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 5 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.
2.5 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 5 where, as a result of the
impact of human activity, as determined in accordance with regulation 6, the body
of groundwater is so polluted that achieving good groundwater chemical status is
infeasible or disproportionately expensive.
(1) The purpose of these regulations is to establish a Scope.
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.
(2) These regulations transpose Article 32 of Directive 2009/
31/EC on the geological storage of carbon dioxide and amending
Directives 85/337/EEC, 2000/60/EC, 2001/80/EC, 2004/35/EC,
2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.
(3) These regulations provide for the implementation in Malta
and Gozo of Environmental Quality Standards (EQS) for priority
substances and certain other pollutants, with the aim of achieving
good surface water chemical status, by transposing Directive 2013/
39/EU of the European Parliament and of the Council of 12th August,
2013 amending Directives 2000/60/EC and amending 2008/105/EC
as regards priority substances in the field of water policy.
(4) These regulations establish minimum performance criteria
for methods of analysis to be applied by the competent authority
when monitoring water status, sediment and biota, as well as rules for
demonstrating the quality of analytical results, by transposing
Commission Directive 2009/90/EC of 31 July 2009 laying down,
pursuant to Directive 2000/60/EC of the European Parliament and of
the Council, technical specifications for chemical analysis and
monitoring of water.
(5) These regulations provide for Directive 2014/101/EU
amending Directive 2000/60/EC to include amended Annex V.
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
(i)
estimates of the volume, prices and costs associated with water
services, and
(ii)
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 12 based on estimates of the potential costs of such measures.
(1)
In these regulations unless the context otherwise
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 5, 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 pool, a reservoir, a stream, water
course or canal, part of a stream, 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 11;
"the competent authority" means the Ministry for Energy and
Health 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 Environment and Kap. 504.
Development Planning Act or the Filfla Nature Reserve Act, and for Kap. 323.
surface waters found in areas hosting protected species under the the
Environment and Development Planning Act or other areas of
ecological and scientific importance according to provisions of the
Environment and Development Planning Act;
"biota taxon" means a particular aquatic taxon within the
taxonomic rank "sub-phylum", "class" or their equivalent;
"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 Schedule 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 Schedule 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 wastewater 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 5;
"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 Schedule V;
"good ecological status" is the status of a body of surface water,
so classified in accordance with Schedule 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 Schedule 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
Schedule V;
"good surface water chemical status" means the chemical status
required to meet the environmental objectives for surface waters
established in regulation 5(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
Schedule 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 Schedule 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;
"limit of detection" means the output signal or concentration
value above which it can be affirmed, with a stated level of
confidence that a sample is different from a blank sample containing
no determinand of interest;
"limit of quantification" means a stated multiple of the limit of
detection at a concentration of the determinand that can reasonably be
determined with an acceptable level of accuracy and precision. The
limit of quantification can be calculated using an appropriate standard
or sample, and may be obtained from the lowest calibration point on
the calibration curve, excluding the blank;
"matrix" means a compartment of the aquatic environment,
namely water, sediment or biota;
"pool" means a body of standing inland surface water;
"pollutant" means any substance liable to cause pollution, in
particular those listed in Schedule 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 Schedule X.
Among these substances there are "priority hazardous substances"
which means substances identified as such in Schedule X;
"protected areas" means those areas which are required to be
included in the register to set up in terms of regulation 7 as described
in Schedule IV;
"quantitative status" is an expression of the degree to which a
body of groundwater is affected by direct and indirect abstractions;
"sub-catchment" means the area of land from which all surface
run-off flows through a series of streams, watercourses and, possibly,
pools to a particular point in a water course;
"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 the mouths of water catchments which are partly saline in character
as a result of their proximity to coastal waters but which are
substantially influenced by freshwater flows;
"uncertainty of measurement" means a non-negative parameter
characterizing the dispersion of the quantity values being attributed to
a measure and based on the information used;
"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 course" 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;
"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 6 and Schedule II having a
significant impact on the status of water. This concept applies for the
purposes of regulation 2 and of the economic analysis carried out
according to regulation 6 and Schedule 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.
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 8;
(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 (S.L. 504.43) and areas
designated as sensitive areas under the Urban Waste Water Treatment
Regulations (S.L. 504.40); 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 (S.L. 504.73) and the
Protection of Birds and Wild Rabbit Regulations, 1993 (L.N. 146 of 1993).
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.
(1)
There shall be one water catchment district in Malta Coordination of
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 5, 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. SURFACE WATER STATUS
1.1.
Quality elements for the classification of ecological status
1.1.1. Rivers
1.1.2. Lakes
1.1.3. Transitional waters
1.1.4. Coastal waters
1.1.5. Artificial and heavily modified surface water bodies
1.2.
Normative definitions of ecological status classifications
1.2.1. Definitions for high, good and moderate ecological status in rivers
1.2.2. Definitions for high, good and moderate ecological status in lakes
1.2.3. Definitions for high, good and moderate ecological status in
transitional waters
1.2.4. Definitions for high, good and moderate ecological status in coastal
waters
1.2.5. 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
1.3.
Monitoring of ecological status and chemical status for surface
waters
1.3.1. Design of surveillance monitoring
1.3.2. Design of operational monitoring
1.3.3. Design of investigative monitoring
1.3.4. Frequency of monitoring
1.3.5. Additional monitoring requirements for protected areas
1.3.6. Standards for monitoring of quality elements
1.4.
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
2.1.
Ground water quantitative status
2.1.1. Parameter for the classification of quantitative status
2.1.2. Definition of quantitative status
2.2.
Monitoring of groundwater quantitative status
2.2.1. Groundwater level monitoring network
2.2.2. Density of monitoring sites
2.2.3. Monitoring frequency
2.2.4. Interpretation and presentation of groundwater quantitative status
2.3.
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
1.1.
Quality elements for the classification of ecological status
1.1.1. Watercourses
Biological elements
Composition and abundance of aquatic flora
Composition and abundance of benthic invertebrate fauna
Hydromorphological elements supporting the biological elements
Hydrological regime
quantity and dynamics of water flow
connection to groundwater bodies
Watercourse continuity
Morphological conditions
waterchannel depth and width variation
structure and substrate of the water channel
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. Pools
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
Hydrological regime
quantity of water
residence time
connection to the groundwater body
Morphological conditions
pool depth variation
quantity, structure and substrate of the pool bed
structure of the pool 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 mediolittoral 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.
1.2 Normative definitions of ecological status classifications
Table 1.2. General definition for watercourses, pools, transitional waters and
coastal waters
The following text provides a general definition of ecological quality. For the
purposes of classification the values for the quality elements of ecological status
for each surface water category are those given in tables 1.2.1 to 1.2.4 below.
Element
High Status
Good Status
Moderate Status
There are no, or only
General
The values of the
The values of the
very minor, anthro-
biological
quality
biological
quality
pogenic alterations to
elements for the surface
elements for the surface
the values of the
water body type show
water body type deviate
physico-chemical and
low levels of distortion
moderately from those
Hydromorphological
resulting from human
normally
associated
quality elements for the
surface water body type
activity, but deviate
with the surface water
from those normally
only slightly from those
body
type
under
associated with that
normally
associated
undisturbed conditions.
type under undisturbed
with the surface water
The
values
show
conditions.
body
type
under
moderate
signs
of
The values of the undisturbed conditions.
distortion resulting from
biological
quality
human activity and are
elements for the surface
significantly
more
water body reflect those
disturbed than under
normally
associated
conditions of good
with that type under
status.
undisturbed conditions,
and show no, or only
very minor, evidence of
distortion.
These are the type-
specific conditions and
communities.
Waters achieving a status below moderate shall be classified as poor or bad.
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 conditions, shall be classified as
poor.
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 absent, shall be classified as bad.
1.2.1. Definitions for high, good and moderate ecological status in
watercourses
Biological quality elements
Element
High Status
Good Status
Moderate Status
Macrophytes
The
taxonomic
There are slight changes
The
composition
of
and
composition corresponds
in the composition and
macrophytic
and
phytobenthos
totally or nearly totally to
abundance
of
phytobenthic taxa differs
undisturbed conditions.
macrophytic
and
moderately from the
phytobenthic
taxa
type-specific community
There are no detectable
compared to the type-
and is significantly more
changes in the average
specific
communities.
distorted than at good
macrophytic and the
Such changes do not
status.
average
phytobenthic
indicate any accelerated
abundance.
Moderate changes in the
growth of phytobenthos
average macrophytic and
or higher forms of plant
the average phytobenthic
life
resulting
in
abundance are evident.
undesirable disturbances
to
the
balance
of
The
phytobenthic
organisms present in the
community
may
be
water body or to the
interfered with and, in
physico-chemical quality
some areas, displaced by
of the water or sediment.
bacterial tufts and coats
phytobenthic present as a result of
The
not anthropogenic activities.
community
is
adversely affected by
bacterial tufts and coats
present
due
to
anthropogenic activity.
Benthic
The
taxonomic
There are slight changes The composition and
invertebrate
composition
and
in the composition and abundance
of
fauna
abundance
correspond
abundance
of invertebrate taxa differ
totally or nearly totally to
invertebrate taxa from the moderately from the
undisturbed conditions.
type
specific type-specific
communities.
communities.
The ratio of disturbance
sensitive
taxa
to
The ratio of disturbance-
Major taxonomic groups
insensitive taxa shows no
sensitive
taxa
to
of
the
type-specific
signs of alteration from
insensitive taxa shows
community are absent.
undisturbed levels.
slight alteration from
The ratio of disturbance-
type specific levels.
The level of diversity of
sensitive
taxa
to
invertebrate taxa shows The level of diversity of
insensitive taxa, and the
no sign of alteration from invertebrate taxa shows
level of diversity, are
undisturbed levels.
slight signs of alteration
substantially lower than
from type-specific levels.
the type-specific level
and significantly lower
than for good status.
Hydromorphological quality elements
Element
High Status
Good Status
Moderate Status
Hydrological
The
quantity
and
Conditions
consistent
Conditions
consistent
regime
dynamics of flow, and the
with the achievement of
with the achievement of
resultant connection to
the
values
specified
the
values
specified
groundwater
reflect
above for the biological
above for the biological
totally, or nearly totally,
quality elements
quality elements.
undisturbed conditions.
Watercourse
The continuity of the
Conditions
consistent
Conditions
consistent
continuity
watercourse
is
not
with the achievement of
with the achievement of
disturbed
by
the
values
specified
the
values
specified
anthropogenic activities
above for the biological
above for the biological
and allows undisturbed
quality elements
quality elements
migration of aquatic
organisms and sediment
transport
Morphological
Channel patterns, width
Conditions
consistent
Conditions
consistent
conditions
and depth variations,
with the achievement of
with the achievement of
flow velocities, substrate
the
values
specified
the
values
specified
conditions and both the
above for the biological
above for the biological
structure and condition of
quality elements
quality elements
the
riparian
zones
correspond totally or
nearly
totally
to
undisturbed conditions.
Physico-chemical quality elements (1)
Element
High Status
Good Status
Moderate Status
General
The values of the
Temperature,
oxygen
Conditions
consistent
conditions
physico-chemical
balance,
pH,
acid
with the achievement of
elements
correspond
neutralising capacity and
the
values
specified
totally or nearly totally to
salinity do not reach
above for the biological
undisturbed conditions.
levels outside the range
quality elements.
Nutrient concentrations
established so as to
remain within the range
ensure the functioning of
normally associated with
the
type
specific
undisturbed conditions.
ecosystem
and
the
achievement
of
the
Levels of salinity, pH, values specified above
oxygen balance, acid for the biological quality
neutralising capacity and elements.
temperature do not show
signs of anthropogenic Nutrient concentrations
disturbance and remain do not exceed the levels
within the range normally established so as to
associated
with ensure the functioning of
undisturbed conditions.
the ecosystem and the
achievement
of
the
values specified above
for the biological quality
elements.
Concentrations close to
Concentrations not in Conditions
consistent
zero and at least below
excess of the standards with the achievement of
the limits of detection of
set in accordance with the the
values
specified
the
most
advanced
procedure detailed in above for the biological
analytical techniques in
section 1.2.6 without quality elements.
general use.
prejudice to Directive 91/
414/EC and Directive 98/
8/EC. (< EQS)
remain Concentrations not in Conditions
consistent
Specific non- Concentrations
within the range normally excess of the standards with the achievement of
with set in accordance with the the
values
specified
associated
undisturbed conditions procedure detailed in above for the biological
(background levels = section 1.2.6 (2) without quality elements.
prejudice to Directive 91/
bgl).
414/EC and Directive 98/
8/EC. (< EQS)
(1)
The following abbreviations are used: bgl = background level, EQS = environment quality
(2)
Application of the standards derived under this protocol shall not require reduction of
pollutant concentrations below background levels (EQS>bgl)
1.2.2. Definitions for high, good and moderate ecological status in Pools
Biological quality elements
High Status
Good Status
Moderate Status
The
taxonomic
There are slight changes
The composition and
composition
and
in the composition and
abundance of planktonic
abundance
of
abundance of planktonic
taxa differ moderately
phytoplankton
taxa compared to the
from the type-specific
corresponds totally or
type-specific
communities.
nearly
totally
to
communities.
Such
Biomass is moderately
undisturbed conditions.
changes do not indicate
disturbed and may be
any accelerated growth of
The
average
such as to produce a
algae
resulting
in
phytoplankton biomass is
significant
undesirable
undesirable disturbance
consistent with the type-
disturbance
in
the
to
the
balance
of
specific
physico-
condition
of
other
organisms present in the
chemical conditions and
biological
quality
waterbody or to the
is not such as to
elements
and
the
physico-chemical quality
significantly alter the
physico-chemical quality
of the water or sediment.
type-specific
of the water or sediment.
transparency conditions. A slight increase in the
A moderate increase in
frequency and intensity
Planktonic blooms occur of the type specific
the
frequency
and
at a frequency and planktonic blooms may
intensity of planktonic
intensity
which
is occur.
blooms
may
occur.
consistent with the type
Persistent blooms may
specific
physico-
occur during summer
chemical conditions.
months.
Macrophytes
The
taxonomic
There are slight changes
The
composition
of
and
composition corresponds
in the composition and
macrophytic
and
phytobenthos
totally or nearly totally to
abundance
of
phytobenthic taxa differs
undisturbed conditions.
macrophytic
and
moderately from the
phytobenthic
taxa
type-specific community
There are no detectable
compared to the type-
and is significantly more
changes in the average
specific
communities.
distorted than at good
macrophytic and the
Such changes do not
status.
average
phytobenthic
indicate any accelerated
abundance.
Moderate changes in the
growth of phytobenthos
average macrophytic and
or higher forms of plant
the average phytobenthic
life
resulting
in
abundance are evident.
undesirable disturbances
to
the
balance
of
The
phytobenthic
organisms present in the
community
may
be
water body or to the
interfered with and, in
physico-chemical quality
some areas, displaced by
of the water or sediment.
bacterial tufts and coats
phytobenthic present as a result of
The
not anthropogenic activities.
community
is
adversely affected by
bacterial tufts and coats
present
due
to
anthropogenic activity.
Benthic
The
taxonomic
There are slight changes The composition and
invertebrate
composition
and
in the composition and abundance
of
fauna
abundance
correspond
abundance
of invertebrate taxa differ
totally or nearly totally to
invertebrate taxa from the moderately from the
undisturbed conditions.
type
specific type-specific
communities.
communities.
The ratio of disturbance
sensitive
taxa
to
The ratio of disturbance-
Major taxonomic groups
insensitive taxa shows no
sensitive
taxa
to
of
the
type-specific
signs of alteration from
insensitive taxa shows
community are absent.
undisturbed levels.
slight alteration from
The ratio of disturbance-
types pecific levels.
The level of diversity of
sensitive
taxa
to
invertebrate taxa shows The level of diversity of
insensitive taxa, and the
no sign of alteration from invertebrate taxa shows
level of diversity, are
undisturbed levels.
slight signs of alteration
substantially lower than
from type-specific levels.
the type-specific level
and significantly lower
than for good status.
Hydromorphological quality elements
Element
High Status
Good Status
Moderate Status
Hydrological
The
quantity
and
Conditions
consistent
Conditions
consistent
regime
dynamics of flow, and the
with the achievement of
with the achievement of
resultant connection to
the
values
specified
the
values
specified
groundwater
reflect
above for the biological
above for the biological
totally, or nearly totally,
quality elements.
quality elements.
undisturbed conditions.
Pool depth variation,
Conditions
consistent
Conditions
consistent
quantity and structure of
with the achievement of
with the achievement of
the substrate, and both
the
values
specified
the
values
specified
the
structure
and
above for the biological
above for the biological
condition of the pool
quality elements
quality elements
shore zone correspond
totally or nearly totally to
undisturbed conditions.
Physico-chemical quality elements (1)
High Status
Good Status
Moderate Status
The values of the
Temperature,
oxygen
Conditions
consistent
physico-chemical
balance,
pH,
acid
with the achievement of
elements
correspond
neutralising capacity and
the
values
specified
totally or nearly totally to
salinity do not reach
above for the biological
undisturbed conditions.
levels outside the range
quality elements.
established so as to
Nutrient concentrations
ensure the functioning of
remain within the range
the ecosystem and the
normally associated with
achievement
of
the
undisturbed conditions.
values specified above
for the biological quality
Levels of salinity, pH,
elements.
oxygen balance, acid
neutralising capacity and
Nutrient concentrations
temperature do not show
do not exceed the levels
signs of anthropogenic
established so as to
disturbance and remain
ensure the functioning of
within the range normally
the ecosystem and the
associated
with
achievement
of
the
undisturbed conditions.
values specified above
for the biological quality
elements.
Concentrations close to Concentrations not in Conditions
consistent
zero and at least below excess of the standards with the achievement of
the limits of detection of set in accordance with the the
values
specified
the
most
advanced procedure detailed in above for the biological
analytical techniques in section 1.2.6 without quality elements.
general use.
prejudice to Directive 91/
414/EC and Directive 98/
8/EC. (< EQS)
remain Concentrations not in Conditions
consistent
Specific non- Concentrations
within the range normally excess of the standards with the achievement of
with set in accordance with the the
values
specified
associated
undisturbed conditions procedure detailed in above for the biological
(background levels = section 1.2.6 (2) without quality elements.
prejudice to Directive 91/
bgl).
414/EC and Directive 98/
8/EC. (< EQS)
(1)
The following abbreviations are used: bgl = background level, EQS = environment quality
(2)
Application of the standards derived under this protocol shall not require reduction of
pollutant concentrations below background levels (EQS>bgl)
1.2.3. Definitions for high, good and moderate ecological status in
transitional waters
Biological quality elements
Element
High Status
Good Status
Moderate Status
Phytoplankton
The
taxonomic
There are slight changes
The composition and
composition
and
in the composition and
abundance of planktonic
abundance
of
abundance of planktonic
taxa differ moderately
phytoplankton
are
taxa.
from the type-specific
consistent
with
communities.
There are slight changes
undisturbed conditions.
in biomass compared to
Biomass is moderately
The
average
the
type-specific
disturbed and may be
phytoplankton biomass is
conditions. Such changes
such as to produce a
consistent with the type-
do not indicate any
significant
undesirable
specific
physico-
accelerated growth of
disturbance
in
the
chemical conditions and
algae
resulting
in
condition
of
other
is not such as to
undesirable disturbance
biological
quality
significantly alter the
to
the
balance
of
elements.
type-specific
organisms present in the
A moderate increase in
transparency conditions.
water body or to the
the
frequency
and
physico-chemical quality
Planktonic blooms occur
intensity of planktonic
of the water or sediment.
at a frequency and
blooms
may
occur.
intensity
which
is
A slight increase in the Persistent blooms may
consistent with the type
frequency and intensity occur during summer
specific
physico-
of the type specific months.
chemical conditions.
planktonic blooms may
occur.
Macroalgae
The
composition
of
There are slight changes The
composition
of
macroalgal
taxa
is
in the composition and macroalgal taxa differs
consistent
with
abundance of macroalgal moderately from the
undisturbed conditions.
taxa compared to the type-specific conditions
type-specific
and is significantly more
There are no detectable
communities.
Such distorted than at good
changes in macroalgal
changes do not indicate quality.
cover
due
to
any accelerated growth of
anthropogenic activities.
phytobenthos or higher Moderate changes in the
forms of plant life average
macroalgal
abundance
are
evident
resulting in undesirable
and
may
be
such
as to
disturbances
to
the
result
in
an
undesirable
balance of organisms
present in the water body disturbance
to
the
balance
of
organisms
or to the physico-
chemical quality of the present in the water body.
water.
Angiosperms
The
taxonomic
There are slight changes
The composition of the
composition corresponds
in the composition of
angiosperm taxa differs
totally or nearly totally to
angiosperm
taxa
moderately from the
undisturbed conditions.
compared to the type-
type-specific
specific communities.
communities
and
is
There are no detectable
significantly
more
changes in macroalgal
Angiosperm abundance distorted than at good
cover
due
to
shows slight signs of quality.
anthropogenic activities.
disturbance.
There
are
moderate
distortions
in
the
abundance of angiosperm
taxa.
Benthic
The level of diversity and
The level of diversity and The level of diversity and
Invertebrate
abundance
of
abundance
of abundance
of
fauna
invertebrate
taxa
is
invertebrate
taxa
is invertebrate
taxa
is
within the range normally
slightly outside the range moderately outside the
associated
with
associated with the type- range associated with the
undisturbed conditions.
specific conditions.
type-specific conditions.
All the disturbance- Most of the sensitive taxa Taxa
indicative
of
sensitive taxa associated of
the
type-specific pollution are present.
with
undisturbed communities are present.
Many of the sensitive
conditions are present.
taxa of the type-specific
communities are absent.
Fish fauna
Species composition and The abundance of the A moderate proportion of
abundance is consistent disturbance-sensitive
the
type-specific
with
undisturbed species shows slight disturbance-sensitive
conditions.
signs of distortion from species are absent as a
type-specific conditions result of anthropogenic
attributable
to impacts on physico-
anthropogenic impacts on chemical
or
physico-chemical
or hydromorphological
hydromorphological
quality elements.
quality elements.
Hydromorphological quality elements
Element
High Status
Good Status
Moderate Status
Flow regime
The
flow
regime
Conditions
consistent
Conditions
consistent
corresponds totally or
with the achievement of
with the achievement of
nearly
totally
to
the
values
specified
the
values
specified
undisturbed conditions.
above for the biological
above for the biological
quality elements.
quality elements.
Morphological
Depth
variations,
Conditions
consistent
Conditions
consistent
conditions
substrate conditions and
with the achievement of
with the achievement of
both the structure and
the
values
specified
the
values
specified
condition
of
the
above for the biological
above for the biological
mediolittoral
zones
quality elements
quality elements
correspond totally or
nearly
totally
to
undisturbed conditions.
Physico-chemical quality elements (1)
High Status
Good Status
Moderate Status
The values of the
Temperature,
oxygen Conditions
consistent
physico-chemical
conditions
and with the achievement of
elements
correspond
transparency do not reach the
values
specified
totally or nearly totally to
levels outside the range above for the biological
undisturbed conditions.
established so as to quality elements.
ensure the functioning of
Nutrient concentrations the ecosystem and the
remain within the range achievement
of
the
normally associated with values specified above
undisturbed conditions.
for the biological quality
elements.
Levels of salinity, pH,
oxygen balance, acid Nutrient concentrations
neutralising capacity and do not exceed the levels
temperature do not show established so as to
signs of anthropogenic ensure the functioning of
disturbance and remain the ecosystem and the
within the range normally achievement
of
the
associated
with values specified above
undisturbed conditions.
for the biological quality
elements.
Concentrations close to Concentrations not in Conditions
consistent
zero and at least below excess of the standards with the achievement of
the limits of detection of set in accordance with the the
values
specified
the
most
advanced procedure detailed in above for the biological
analytical techniques in section 1.2.6 without quality elements.
general use.
prejudice to Directive 91/
414/EC and Directive 98/
8/EC. (< EQS)
remain Concentrations not in Conditions
consistent
Specific non- Concentrations
within the range normally excess of the standards with the achievement of
with set in accordance with the the
values
specified
associated
undisturbed conditions procedure detailed in above for the biological
(background levels = section 1.2.6 (2) without quality elements.
prejudice to Directive 91/
bgl).
414/EC and Directive 98/
8/EC. (< EQS)
(1) The following abbreviations are used: bgl = background level, EQS = environment quality
(2)
Application of the standards derived under this protocol shall not require reduction of pollutant
concentrations below background levels (EQS>bgl)
1.2.4. Definitions for high, good and moderate ecological status in coastal
waters
Biological quality elements
Element
High Status
Good Status
Moderate Status
Phytoplankton
The composition and
The composition and
The composition and
abundance
of
abundance
of
abundance of planktonic
phytoplanktonic taxa are
phytoplanktonic
taxa
taxa show signs of
consistent
with
show slight signs of
moderate disturbance.
undisturbed conditions.
disturbance.
Algal
biomass
is
The
average
There are slight changes
substantially outside the
phytoplankton biomass is
in biomass compared to
range associated with
consistent with the type-
the
type-specific
type-specific conditions,
specific
physico-
conditions. Such changes
and is such as to impact
chemical conditions and
do not indicate any
upon other biological
is not such as to
accelerated growth of
quality elements.
significantly alter the
algae
resulting
in
A moderate increase in
type-specific
undesirable disturbance
the
frequency
and
transparency conditions.
to
the
balance
of
intensity of planktonic
organisms present in the
Planktonic blooms occur water body or to the
blooms
may
occur.
at a frequency and physico-chemical quality
Persistent blooms may
intensity
which
is of the water or sediment.
occur during summer
consistent with the type
months.
specific
physico- A slight increase in the
chemical conditions.
frequency and intensity
of the type specific
planktonic blooms may
occur.
Macroalgae
All disturbance-sensitive Most
disturbance-
A moderate number of
and
macro-algal
and sensitive macroalgal and
the disturbance-sensitive
angiosperms
angiosperm
taxa angiosperm
taxa
macroalgal
and
associated
with associated
with
angiosperm
taxa
undisturbed conditions undisturbed conditions
associated
with
are present.
are present.
undisturbed conditions
are absent.
The levels of macroalgal
The level of macroalgal
cover and angiosperm
cover and angiosperm Macroalgal cover and
abundance are consistent
abundance show slight angiosperm abundance is
with
undisturbed
signs of disturbance.
moderately disturbed and
conditions.
be such as to result in an
undesirable disturbance
to
the
balance
of
organisms present in the
water body.
Benthic
The level of diversity and
The level of diversity and The level of diversity and
Invertebrate
abundance
of
abundance
of abundance
of
fauna
invertebrate
taxa
is
invertebrate
taxa
is invertebrate
taxa
is
within the range normally
slightly outside the range moderately outside the
associated
with
associated with the type- range associated with the
undisturbed conditions.
specific conditions.
type-specific conditions.
All the disturbance- Most of the sensitive taxa Taxa
indicative
of
sensitive taxa associated of
the
type-specific pollution are present.
with
undisturbed communities are present.
Many of the sensitive
conditions are present.
taxa of the type-specific
communities are absent.
Hydromorphological quality elements
Element
High Status
Good Status
Moderate Status
Flow regime
The flow regime and the
Conditions
consistent
Conditions
consistent
direction and speed of
with the achievement of
with the achievement of
dominant
currents
the
values
specified
the
values
specified
correspond totally or
above for the biological
above for the biological
nearly
totally
to
quality elements.
quality elements.
undisturbed conditions.
Morphological
The depth variation,
Conditions
consistent
Conditions
consistent
conditions
structure and substrate of
with the achievement of
with the achievement of
the coastal bed, and both
the
values
specified
the
values
specified
the
structure
and
above for the biological
above for the biological
condition of the inter-
quality elements
quality elements
tidal zones correspond
totally or nearly totally to
undisturbed conditions.
Physico-chemical quality elements (1)
Element
High Status
Good Status
Moderate Status
General
The values of the
Temperature,
oxygen
Conditions
consistent
conditions
physico-chemical
conditions
and
with the achievement of
elements
correspond
transparency do not reach
the
values
specified
totally or nearly totally to
levels outside the range
above for the biological
undisturbed conditions.
established so as to
quality elements.
ensure the functioning of
Nutrient concentrations the ecosystem and the
remain within the range achievement
of
the
normally associated with values specified above
undisturbed conditions.
for the biological quality
elements.
Temperature,
oxygen
balance and transparency Nutrient concentrations
do not show signs of do not exceed the levels
anthropogenic
established so as to
disturbance and remain ensure the functioning of
within the range normally the ecosystem and the
associated
with achievement
of
the
undisturbed conditions.
values specified above
for the biological quality
elements.
Concentrations close to
Concentrations not in Conditions
consistent
zero and at least below
excess of the standards with the achievement of
the limits of detection of
set in accordance with the the
values
specified
the
most
advanced
procedure detailed in above for the biological
analytical techniques in
section 1.2.6 without quality elements.
general use.
prejudice to Directive 91/
414/EC and Directive 98/
8/EC. (< EQS)
remain Concentrations not in Conditions
consistent
Specific non- Concentrations
within the range normally excess of the standards with the achievement of
with set in accordance with the the
values
specified
associated
undisturbed conditions procedure detailed in above for the biological
(background levels = section 1.2.6 (2) without quality elements.
prejudice to Directive 91/
bgl).
414/EC and Directive 98/
8/EC. (< EQS)
(1)
The following abbreviations are used: bgl = background level, EQS = environment quality
(2)
Application of the standards derived under this protocol shall not require reduction of
pollutant concentrations below background levels (EQS>bgl)
1.2.5. Definitions for maximum, good and moderate ecological potential for
heavily modified or artificial water bodies
Biological and Hydromorphological quality elements
Maximum Ecological
Good Ecological
Moderate Ecological
Potential
Potential
Potential
The values of the relevant
There are slight changes
There
are
moderate
biological
quality
in the values of the
changes in the values of
elements reflect, as far as
relevant
biological
the relevant biological
possible, those associated
quality
elements
as
quality
elements
as
with
the
closest
compared to the values
compared to the values
comparable surface water
found
at
maximum
found
at
maximum
body type, given the
ecological potential.
ecological potential.
physical
conditions
These
values
are
which result from the
significantly
more
artificial
or
heavily
distorted
than
those
modified characteristics
found under good quality.
of the water body.
Hydro
The hydromorphological
Conditions
consistent
Conditions
consistent
morphological
conditions are consistent
with the achievement of
with the achievement of
elements
with the only impacts on
the
values
specified
the
values
specified
the surface water body
above for the biological
above for the biological
being those resulting
quality elements
quality elements
from the artificial or
heavily
modified
characteristics of the
water body once all
mitigation measures have
been taken to ensure the
best approximation to
ecological continuum, in
particular with respect to
migration of fauna and
appropriate spawning and
breeding grounds.
Physico-chemical quality elements
Element
Maximum Ecological
Good Ecological
Moderate Ecological
Potential
Potential
Potential
General
Physico-chemical
The values for physico-
Conditions
consistent
conditions
elements
correspond
chemical elements are
with the achievement of
totally or nearly totally to
within
the
ranges
the
values
specified
undisturbed conditions
established so as to
above for the biological
associated
with
the
ensure the functioning of
quality elements.
surface water body most
the ecosystem and the
closely comparable to the
achievement
of
the
artificial
or
heavily
values specified above
modified
body
for the biological quality
concerned.
elements.
Nutrient concentrations
Temperature and pH do
remain within the range
not reach levels outside
normally associated with
the range established so
undisturbed conditions.
as
to
ensure
the
functioning
of
the
Levels of temperature,
ecosystem
and
the
oxygen balance and pH
achievement
of
the
do not show signs of
values specified above
anthropogenic
for the biological quality
disturbance and remain
elements.
within the range normally
associated
with Nutrient concentrations
undisturbed conditions.
do not exceed the levels
established so as to
ensure the functioning of
the ecosystem and the
achievement
of
the
values specified above
for the biological quality
elements.
Specific
Concentrations close to
Concentrations not in Conditions
consistent
synthetic
zero and at least below
excess of the standards with the achievement of
pollutants
the limits of detection of
set in accordance with the the
values
specified
the
most
advanced
procedure detailed in above for the biological
analytical techniques in
section 1.2.6 without quality elements.
general use.
prejudice to Directive 91/
414/EC and Directive 98/
8/EC. (< EQS)
remain Concentrations not in Conditions
consistent
Specific non- Concentrations
within the range normally excess of the standards with the achievement of
synthetic
with set in accordance with the the
values
specified
pollutants
associated
undisturbed conditions procedure detailed in above for the biological
(background levels = section 1.2.6 (1) without quality elements.
prejudice to Directive 91/
bgl).
414/EC and Directive 98/
8/EC. (< EQS)
(1)
Application of the standards derived under this protocol shall not require reduction of
pollutant concentrations below background levels
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 Schedule 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 of
the base set
1 000
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, which
Case-by-case
allow more precise safety factors to be calculated and applied
assessment
(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;
(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 9. 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 6 and Schedule 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 Schedule 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 Schedule 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 Schedule 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.
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 Schedule II or as part of this Schedule, 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
Schedule II or surveillance monitoring are identified as being at risk of failing to
meet their environmental objectives under Regulation 5 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.
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 fulfill the following requirements
Drinking water abstraction points
Bodies of surface water designated in Regulation 8 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 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 5.
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 in so far as they cover monitoring, or to such
other national or international standards which will ensure the provision of data of
an equivalent scientific quality and comparability.
Standards for sampling of biological quality elements
Generic methods for use with the specific methods given in the standards
relating to the following biological quality elements
SM EN ISO 5667-3:2012
Water quality - Sampling - Part 3: Preservation
and handling of samples
Standards for phytoplankton
MSA EN 15204:2006
Water quality - Guidance standard on the
enumeration of phytoplankton using inverted
microscopy (Utermöhl technique)
MSA EN 15972:2011
Water quality - Guidance on quantitative and
qualitative
investigations
of
marine
phytoplankton
ISO 10260:1992
Water quality - Measurement of biochemical
parameters - Spectrometric determination of the
chlorophyll-a concentration
Standards for macrophyte and phytobenthos
MSA EN 15460:2007
Water quality - Guidance standard for the
surveying of macrophytes in lakes
SM EN 14184:2014
Water quality - Guidance for the surveying of
aquatic macrophytes in running waters
MSA EN 15708:2009
Water quality - Guidance standard for the
surveying, sampling and laboratory analysis of
phytobenthos in shallow running water
SM EN 13946:2014
Water quality - Guidance for the routine
sampling and preparation of benthic diatoms
from rivers and lakes
SM EN 14407:2014
Water quality - Guidance for the identification
and enumeration of benthic diatom samples
from rivers and lakes
Standards for benthic invertebrates
SM EN ISO 10870:2012
Water quality - Guidelines for the selection of
sampling methods and devices for benthic
macroinvertebrates in fresh waters
MSA EN 15196:2006
Water quality - Guidance on sampling and
processing of the pupal exuviae of
Chironomidae (order Diptera) for ecological
assessment
SM EN 16150:2012
Water quality - Guidance on pro rata multi-
habitat sampling of benthic macro-invertebrates
from wadeable rivers
MSA EN ISO 19493:2007
Water quality - Guidance on marine biological
surveys of hard-substrate communities
SM EN ISO 16665:2013
Water quality - Guidelines for quantitative
sampling and sample processing of marine soft-
bottom macro-fauna
Standards for fish
MSA EN 14962:2006
Water quality - Guidance on the scope and
selection of fish sampling methods
MSA EN 14011:2003
Water quality - Sampling of fish with electricity
SM EN 15910:2014
Water quality - Guidance on the estimation of
fish abundance with mobile hydroacoustic
methods
MSA EN 14757:2005
Water quality - Sampling of fish with multi-
mesh gillnets
Standards for hydromorphological parameters
MSA EN 14614:2004
Water quality - Guidance standard for assessing
the hydromorphological features of rivers
MSA EN 16039:2011
Water quality - Guidance standard on assessing
the hydromorphological features of lakes
Standards for physico-chemical parameters
Any relevant CEN/ISO (MSA/SM) 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
physicochemical 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
(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 Status
Colour code
classification
Artificial Water Bodies
Heavily Modified
High and Good
Equal green and light grey stripes
Equal green and dark grey stripes
Moderate
Equal yellow and light grey stripes
Equal yellow and dark grey stripes
Poor
Equal orange and light grey stripes
Equal orange and dark grey stripes
Bad
Equal red and light grey stripes
Equal red and dark grey 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
In the Water Catchment Management plans produced in accordance with
regulation 13, the competent authority may provide additional maps that present
the chemical status information for one or more of the following substances
separately from the information for the rest of the substances identified in Part A
of Table 1(Schedule IX)
(a)
substances numbered 5, 21, 28, 30, 35, 37, 43 and 44
(substances behaving like ubiquitous PBTs)
(b)
substances numbered 34 to 45 (newly identified substances)
(c)
substances numbered 2, 5, 15, 20, 22, 23 and 28 (substances for
which revised, stricter EQS are established).
The competent authority may also present the extent of any deviation from
the EQS value for the substances referred to in points (a) to (c) of the first
subparagraph in the water catchment management plan.
Where a body of water achieves compliance with all the environmental
quality standards established in Schedule 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
2.1. Groundwater quantitative status
2.1.1. Parameter for the classification of quantitative status
Groundwater level regime
2.1.2. Definition of quantitative status
Elements
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 5 for associated surface
waters,
Groundwater level
-
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.
2.2. 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 8 and 9. 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
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 5, 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 5, 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 5 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 6 and Schedule 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
Schedule II.
Selection of parameters
The following set of core parameters shall be monitored in all the selected
groundwater bodies
•
oxygen content
•
pH value
•
conductivity
•
nitrate
•
ammonium
Bodies which are identified in accordance with Schedule 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 Schedule II and surveillance monitoring are identified as being at
risk of failing to meet objectives under regulation 5. 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
to any legislation concerned, 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.
(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 sub-
sub-paragraph (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 Schedule 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
Schedule 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) and subject to the
application of regulation 12 (3)(j);
(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 Schedule 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) and
subject to the application of regulation 12 (3)(j);
(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
(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;
(v) other equally important sustainable human
development activities; or
(vi) 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 13 and reviewed every six years.
(4) The deadlines established under sub-regulation (1) 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 13;
(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 12 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)
for specific bodies of water when they are so affected by human
activity, as determined in accordance with regulation 6(1), 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 socio-economic 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
13 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 sub-regulation
(4)(a), 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) 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 13 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) 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.
(9) Steps must be taken to ensure that the application of the
new provisions, including the applications of sub-regulations (3), (4),
(5), (6) and (7) guarantees at least the same level of protection as
other environmental regulations.
(10) The competent authority shall not be in breach of its
obligations under these regulations as a result of the exceedance of an
EQS in coastal waters, if it can demonstrate that
(a)
the exceedance was due to a source of pollution
outside its national jurisdiction;
(b)
it was unable as a result of such transboundary
pollution to take effective measures to comply with the relevant
EQS;
(c)
it had applied the coordination mechanisms set out
in relevant international agreements and, as appropriate, taken
advantage of the provisions of sub-regulation (4), (5) and (6),
for those water bodies affected by transboundary pollution; and
(d)
in the circumstances set out in paragraph (a), the
competent authority shall communicate a summary of the
measures taken in relation to transboundary pollution in the
relevant water catchment management plans as laid down in
regulation 13(3).
LISTS OF MEASURES TO BE INCLUDED WITHIN THE PROGRAMMES
OF MEASURES
PART A
Measures required under the following regulations
the Management of Bathing Water Quality Regulations (S.L. 465.09);
the Protection of Birds and Wild Rabbit Regulations, 1993 (L.N. 146 of
1993);
the Water Intended for Human Consumption Regulations (S.L. 449.57);
the Control of Major Accident Hazard Regulations (S.L. 424.19);
the Environmental Impact Assessment Regulations (S.L. 504.79);
the Sludge (Use in Agriculture) Regulations (S.L. 504.19);
Urban Waste Water Treatment Regulations (S.L. 504.40);
the Plant Protection Products Directive (91/414/EEC);
the Protection of Waters Against Pollution caused by Nitrates from
Agricultural Sources Regulations (S.L. 504.43);
the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 504.73);
the Industrial Emissions (Framework) Regulations (S.L. 504.116);
the Industrial Emissions (Integrated Pollution Prevention and Control
Recast) Directive (96/61/EC)).
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
(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
(1) The competent authority shall ensure that for each
water catchment district, it undertakes -
-
an analysis of its characteristics,
-
a review of the impact of human activity on the
status of surface waters and on groundwater found within said
district, and
-
an economic analysis of water use.
The said analyses and reviews must be carried out in
accordance to the technical specifications set out in Schedules II and
III, and must be completed by the end of November 2004.
(2) The analyses and reviews mentioned under sub-regulation
(1) shall be reviewed, and if necessary updated by the end of
November 2013 and every six years thereafter.
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 6 and Schedule II. This shall include
1.1.
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;
1.2.
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
7 and Schedule IV;
4. a map of the monitoring networks established for the purposes of
regulation 9 and Schedule V, and a presentation in map form of the results of the
monitoring programmes carried out under those provisions for the status of
4.1.
surface water (ecological and chemical);
4.2.
groundwater (chemical and quantitative);
4.3.
protected areas;
5. a list of the environmental objectives established under regulation 5 for
surface waters, groundwaters and protected areas, including in particular
identification of instances where use has been made of regulation 5(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 6 and Schedule III;
7. a summary of the programme or programmes of measures adopted
under regulation 12, including the ways in which the objectives established under
regulation 5 are thereby to be achieved;
7.1.
a summary of the measures required to implement legislation for
the protection of water;
7.2.
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
10;
7.3.
a summary of the measures taken to meet the requirements of
regulation 8;
7.4.
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 12(3)(e);
7.5.
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 12(3)(g) and 12(3)(i);
7.6.
an identification of the cases where direct discharges to
groundwater have been authorised in accordance with the provisions of
regulation 12(3)(j);
7.7.
a summary of the measures taken on priority substances;
7.8.
a summary of the measures taken to prevent or reduce the
impact of accidental pollution incidents;
7.9.
a summary of the measures taken under regulation 12(5) for
bodies of water which are unlikely to achieve the objectives set out under
regulation 5;
7.10. details of the supplementary measures identified as necessary in
order to meet the environmental objectives established;
7.11. details of the measures taken to avoid increase in pollution of
marine waters in accordance with regulation 12(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 Schedule I;
11. the contact points and procedures for obtaining the background
documentation and information referred to in regulation 14(1), and in particular
details of the control measures adopted in accordance with regulation 12(3)(g) and
12(3)(i) and of the actual monitoring data gathered in accordance with regulation 9
and Schedule V.
B. 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 5(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
12(5) since the publication of the previous version of the water catchment
management plan;
5. a description of the designation of any mixing zones, a communication
of the measures in relation to transboundary pollution and the updated inventory of
emissions, discharges and losses.
(1) The competent authority shall ensure the
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 regulation 8(1) and all protected areas covered by
Schedule 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
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).
(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
Schedule V, those bodies of water which, according to Schedule V,
provide more than one hundred metres cubed a day as an average.
(2) For each body of water identified under sub-regulation (1),
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.
EMISSION LIMIT VALUES AND ENVIRONMENTAL QUALITY
STANDARDS
The ‘limit values’ established under the regulations following the Pollution
caused by Certain Dangerous Substances discharged into the Aquatic Environment
Regulations (S.L. 504.20) shall be considered emission limit values for the
purposes of these regulations. They are established in the following regulations
(i)
the Limit Values and Quality Objectives for Mercury Discharges
by Sectors Other than the Chlor-Alkali Electrolysis Industry Regulations
(S.L. 504.23);
(ii)
the Limit Values and Quality Objectives for Cadmium
Discharges Regulations, 2001 (L.N. 221 of 2001);
(iii)
the Limit Values and Quality Objectives for Mercury Discharges
by the Chlor-alkali Electrolysis Industry Regulations (S.L. 504.24);
(iv)
the
Limit
Values
and
Quality
Objectives
for
Hexachlorocyclohexane Regulations, 2001 (L.N. 218 of 2001); and
(v)
the Limit Values and Quality Objectives for Discharges of
Certain Dangerous Substances Discharged into the Aquatic Environment
Regulations, 2001 (L.N. 227 of 2001).
1. Environmental Quality Standards
1. The competent authority shall apply the EQS laid down in Part A of
Table 1 below to bodies of surface water, and shall apply those EQS in accordance
with the requirements laid down in Part B of Table 1 below.
1a. The competent authority shall implement the EQS laid down in Part A
of Table 1 as regards
(i)
the substances numbered 2, 5, 15, 20, 22, 23, 28, in Part A of
Table 1, for which the revised EQS are set, with effect from 22 December
2015, with the aim of achieving good surface water chemical status in
relation to those substances by 22 December 2021 by means of programmes
of measures included in the 2015 water catchment management plans
produced in accordance with regulation 12(5); and
(ii)
the newly identified substances numbered 34 to 45 in Part A of
Table 1, with effect from 22 December 2018, with the aim of achieving good
surface water chemical status in relation to those substances by 22 December
2027 and preventing deterioration in the chemical status of surface water
bodies in relation to those substances. For this purpose the Competent
Authority shall, by 22 December 2018, establish and submit to the
Commission a supplementary programme of measures covering those
substances. A final programme of measures in accordance with regulation 12
shall be established by 22 December 2021 and shall be implemented and
made fully operational as soon as possible after that date and not later than 22
December 2024.
Regulation 5(4) to (9) shall apply mutatis mutandis to the substances listed in
points (i) and (ii) of the first subparagraph.
2. For the substances numbered 5, 15, 16, 17, 21, 28, 34, 35, 37, 43 and 44
in Part A of Table 1, the competent authority shall apply the biota EQS laid down
in Part A of Table 1 of these regulations.
For substances other than those referred to in the first subparagraph, the
Competent Authority shall apply the water EQS laid down in Part A of Table 1 of
this Schedule.
3. The competent authority may opt, in relation to one or more categories
of surface water, to apply an EQS for a matrix other than that specified in
paragraph 2 above, or, where relevant for a biota taxon other than those specified
in Part A of Table 1 of this Schedule.
Should the competent authority make use of the option referred to in the first
subparagraph, it shall apply the relevant EQS laid down in Part A of Table 1 or, if
none is included for the matrix or biota taxon, establish an EQS that offers at least
the same level of protection as the EQS laid down in Part A of Table 1 of this
Schedule.
The competent authority may use the option referred to in the first sub-
paragraph only where the method of analysis used for the chosen matrix or biota
taxon fulfils the minimum performance criteria laid down in Section B of Schedule
XI of these regulations. Where those criteria are not met for any matrix, the
Competent Authority shall ensure that monitoring is carried out using best
available techniques not entailing excessive costs and that the method of analysis
performs at least as well as that available for the matrix specified in paragraph 2 of
this Schedule for the relevant substance.
3a. Where a potential risk to, or via, the aquatic environment from acute
exposure has been identified as a result of measured or estimated environmental
concentrations or emissions and where a biota or sediment EQS is being applied,
the competent authority shall ensure that monitoring in surface water is also
carried out and shall apply the MAC-EQS laid down in Part A of Table 1 to this
Schedule where such EQS have been established.
3b. Where, pursuant to Section C of Schedule XI, the calculated mean value
of a measurement, when carried out using the best available technique not
entailing excessive costs, is referred to as “less than limit of quantification”, and
the limit of quantification of that technique is above the EQS, the result for the
substance being measured shall not be considered for the purposes of assessing the
overall chemical status of that water body.
4. For substances for which an EQS for sediment and, or biota is applied,
the competent authority shall monitor the substance in the relevant matrix at least
once every year, unless technical knowledge and expert judgement justify another
interval.
5. The competent authority shall include the following information in the
updated water catchment management plans produced in accordance with
regulation 13(5)
(a)
a table presenting the limits of quantification of the methods of
analysis applied, and information on the performance of those methods in
relation to the minimum performance criteria laid down in Section B of
Schedule XI;
(b)
for the substances for which the option in paragraph 3 of this
Schedule is used
(i)
the reasons and basis for using that option;
(ii) where relevant, the alternative EQS established, evidenced
that those EQS would offer at least the same level of protection as the
EQS laid down in Part A of Table 1, including the data and
methodology used to derive the EQS, and the categories of surface
water to which they would apply;
(iii) for comparison with the information referred to in point (a)
of this paragraph, the limits of quantification of the methods of analysis
for the matrices specified in Part A of Table 1, including information on
the performance of those methods in relation to the minimum
performance criteria laid down in Section B of Schedule XI;
(c)
justification for the frequency of monitoring applied in
accordance with paragraph 4, if monitoring intervals are longer than one
year.
5a. The competent authority shall take the necessary measures to ensure
that the updated water catchment management plans, produced in accordance with
regulation 13(5), containing the results and impact of the measures taken to
prevent chemical pollution of surface water, and the interim report describing
progress in the implementation of the planned programme of measures are
provided through a central portal which is accessible to the public electronically in
accordance with regulation 10(1) of the Freedom of Access to Information on the
Environment Regulations (S.L. 504.65).
2. Long-term Analysis for Priority Substances
1. The competent authority shall arrange for the long-term trend analysis
of concentrations of those priority substances listed in Part A of Table 1 that tend
to accumulate in sediment and, or biota, giving particular consideration to the
substances numbered 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28, 30, 34, 35, 36,
37, 43 and 44 listed in Part A of Table 1, on the basis of the monitoring of surface
water status carried out in accordance with regulation 8. The competent authority
shall take measures aimed at ensuring, subject to regulation 5 that such
concentrations do not significantly increase in sediment and, or relevant biota.
2. The competent authority shall determine the frequency of monitoring in
sediment and, or biota so as to provide sufficient data for reliable long-term trend
analysis. As a guideline, monitoring should take place every three years, unless
technical knowledge and expert judgement justify another interval.
3. The competent authority may monitor the substances numbered 5, 21,
28, 30, 35, 37, 43 and 44 in Part A of Table 1 less intensively than is required for
priority substances in accordance with paragraph 1(4) of this Schedule and
Schedule V, provided that the monitoring is representative and a statistically robust
baseline is available regarding the presence of those substances in the aquatic
environment. As a guideline, in accordance with subparagraph 2(2) above,
monitoring should take place every three years, unless technical knowledge and
expert judgement justify another interval.
4. In order to facilitate the implementation of this Schedule, technical
guidelines on monitoring strategies and analytical methods for substances,
including sampling of biota, shall be developed, to the extent possible, by 22
December 2014, as part of the existing implementation process of these
regulations.
In particular, the guidelines shall cover
(i)
the monitoring of substances in biota as provided for in
paragraphs 2 and 3; in the case of newly identified substances (numbered 34
to 45 in Part A of Table 1) and substances for which stricter EQS are
established (numbered 2, 5, 15, 20, 22, 23 and 28 on part A of Table 1),
analytical methods compliant with the minimum performance criteria laid
down in Section C of Schedule XI of the Water Policy Framework
Regulations, 2011 (L.N. 194 of 2011);
(ii)
in the case of substances for which technical guidelines have not
been adopted by 22 December 2014, the deadline of 22 December 2015
referred to in point (i) of paragraph (1a) shall be extended to 22 December
2018, and the deadline of 22 December 2021 referred to in that point shall be
extended to 22 December 2027.
3. Mixing Zones
1. Adjacent to the points of discharge, the competent authority may
designate mixing zones where the concentrations of one or more substances listed
in Part A of Table 1 may exceed the relevant EQS within such mixing zones and
provided they do not affect the compliance of the rest of the body of surface water
with those standards.
2. If mixing zones are designated, the water catchment management plans
as required by regulation 13, shall include a description of
(a)
the approaches and methodologies applied to define such zones;
and
(b)
measures taken with a view to reducing the extent of the mixing
zones in the future, such as those pursuant to sub-regulation (3k) of
regulation 12 of these regulations or by reviewing permits referred to in the
Industrial Emissions (Framework) Regulations (S.L. 504.116) or prior
regulations referred to in regulation 12(3)(g) of these regulations.
3. The competent authority shall ensure that the extent of any designated
mixing zone is
(a)
restricted to the proximity of the point of discharge;
(b)
proportionate, having regard to the concentrations of pollutants
at the point of discharge and to the conditions on emissions of pollutants
contained in the prior regulations, such as authorizations and/or permits,
referred to in regulation 12(3)(g) and any other relevant national law, in
accordance with the application of best available techniques and regulation
11, in particular after those prior regulations are reviewed.
4. Watch List Mechanism
1. The competent authority shall monitor each substance that is included in
the ‘Watch List’ that is established by the Commission as a means to assist in the
gathering of targeted high-quality monitoring information on the concentration of
substances in the aquatic environment, with a focus on emerging pollutants and
substances for which available monitoring data are of insufficient quality.
2. The competent authority shall monitor each substance in the watch list
at selected representative monitoring stations over at least a 12-month period. For
the first watch list, the monitoring period shall commence by 14 September 2015
or within six months of the establishment of the watch list, whichever is the later.
For each substance included in subsequent lists, the competent authority shall
commence monitoring within six months of its inclusion in the list.
3. The competent authority shall select at least one monitoring station,
plus one station if it has more than one million inhabitants, plus the number of
stations equal to its geographical area in km2 divided by 60 000 (rounded to the
nearest integer), plus the number of stations equal to its population divided by five
million (rounded to the nearest integer).
4. In selecting the representative monitoring stations, the monitoring
frequency and timing for each substance, the competent authority shall take into
account the use patterns and the possible occurrence of the substance. The
frequency of monitoring shall be no less than once per year.
5. Where the competent authority provides sufficient, comparable,
representative and recent monitoring data for a particular substance from existing
monitoring programmes or studies, it may decide not to undertake additional
monitoring under the watch list mechanism for that substance, provided also that
the substance was monitored using a methodology that satisfies the requirements
of the technical guidance that is to be developed from time to time.
Table 1
Environmental Quality Standards for Priority Substances and Certain Other
Pollutants
PART A: ENVIRONMENTAL QUALITY STANDARDS (EQS)
AA: annual average.
MAC: maximum allowable concentration.
Unit: [μg/l] for columns (4) to (7)
[μg/kg wet weight] for column (8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
AA-EQS
MAC-
MAC-
AA-EQS (2)
(2)
EQS (4)
EQS (4)
Name of
CAS
Inland
EQS
No.
Other
Inland
Other
number (1)
Biota (12)
substance
surface
surface
surface
surface
waters (3)
waters (3)
waters
waters
(1)
Alachlor
15972-60-8
0,3
0,3
0,7
0,7
(2)
Anthracene
120-12-7
0,1
0,1
0,1
0,1
(3)
Atrazine
1912-24-9
0,6
0,6
2,0
2,0
(4)
Benzene
71-43-2
Brominated
(5)
32534-81-9
0,14
0,014
0,0085
diphenylether (5)
Cadmium and its
≤ 0,08
≤ 0,45
≤ 0,45
compounds
(Class 1),
(Class 1),
(Class 1),
(depending on
0,08
0,45
0,45
water hardness
(Class 2),
(Class 2),
(Class 2),
classes) (6)
0,09
0,6
0,6
(6)
7440-43-9
0,2
(Class 3),
(Class 3),
(Class 3),
0,15
0,9
0,9
(Class 4),
(Class 4),
(Class 4),
0,25
1,5
1,5
(Class 5)
(Class 5)
(Class 5)
not
not
Carbon-
(6a)
56-23-5
tetrachloride (7)
applicable
applicable
C10-13
(7)
85535-84-8
0,4
0,4
1,4
1,4
Chloroalkanes (8)
(8)
Chlorfenvinphos
470-90-6
0,1
0,1
0,3
0,3
Chlorpyrifos
(9)
(Chlorpyrifos-
2921-88-2
0,03
0,03
0,1
0,1
ethyl)
Cyclodiene
pesticides
Aldrin (7)
309-00-2
not
not
(9a)
∑ = 0,01
∑ = 0,005
Dieldrin (7)
60-57-1
applicable
applicable
Endrin (7)
72-20-8
Isodrin (7)
465-73-6
not
not
not
DDT total (7) (9)
0,025
0,025
applicable
applicable
applicable
(9b)
para-para-DDT (7)
not
not
50-29-3
0,01
0,01
applicable
applicable
1,2-
not
not
(10)
107-06-2
Dichloroethane
applicable
applicable
not
not
(11)
Dichloromethane
75-09-2
applicable
applicable
Di(2-ethylhexyl)-
not
not
(12)
117-81-7
1,3
1,3
phthalate (DEHP)
applicable
applicable
(13)
Diuron
330-54-1
0,2
0,2
1,8
1,8
(14)
Endosulfan
115-29-7
0,005
0,005
0,01
0,004
(15)
Fluoranthene
206-44-0
0,0063
0,0063
0,12
0,12
Hexachloro-
(16)
118-74-1
0,05
0,05
benzene
Hexachloro-
(17)
87-68-3
0,6
0,6
butadiene
Hexachloro-
(18)
608-73-1
0,02
0,002
0,04
0,02
cyclohexane
(19)
Isoproturon
34123-59-6
0,3
0,3
1,0
1,0
Lead and its
1,2 (13)
(20)
7439-92-1
1,3
compounds
Mercury and its
(21)
7439-97-6
0,07
0,07
compounds
(22)
Naphthalene
91-20-3
Nickel and its
4 (13)
(23)
8,6
7440-02-0
compounds
Nonylphenol (4-
(24)
84852-15-3
0,3
0,3
2,0
2,0
Nonylphenol)
Octylphenol ((4-
(1,1’,3,3’-
not
not
(25)
140-66-9
0,1
0,01
tetramethylbutyl)-
applicable
applicable
phenol))
Pentachloro-
not
not
(26)
608-93-5
0,007
0,0007
benzene
applicable
applicable
Pentachloro-
(27)
87-86-5
0,4
0,4
phenol
Polyaromatic
not
not
not
not
not
hydrocarbons
applicable
applicable
applicable
applicable
applicable
(PAH) (11)
1,7 x 10 -4
1,7 x 10 -4
Benzo(a)pyrene
50-32-8
0,27
0,027
See
Benzo(b)fluor-
See footnote
See
205-99-2
0,017
0,017
footnote
anthene
footnote 11
See
(28)
Benzo(k)fluor-
See footnote
See
207-08-9
0,017
0,017
footnote
anthene
footnote 11
See
Benzo(g,h,i)-
See footnote
See
8,2 x 10 -3
8,2 x 10 -4
191-24-2
footnote
perylene
footnote 11
See
Indeno(1,2,3-cd)-
See footnote
See
not
not
193-39-5
footnote
pyrene
footnote 11
applicable
applicable
(29)
Simazine
122-34-9
Tetrachloro-
not
not
(29a)
127-18-4
ethylene (7)
applicable
applicable
Trichloro-
not
not
(29b)
79-01-6
ethylene (7)
applicable
applicable
Tributyltin
compounds
(30)
36643-28-4
0,0002
0,0002
0,0015
0,0015
(Tributhyltin-
cation)
Trichloro-
not
not
(31)
12002-48-1
0,4
0,4
benzenes
applicable
applicable
not
not
(32)
Trichloro-methane
67-66-3
2,5
2,5
applicable
applicable
not
not
(33)
Trifluralin
1582-09-8
0,03
0,03
applicable
applicable
not
not
1,3x 10 -3
3,2x 10 -5
applicable
applicable
(34)
Dicofol
115-32-2
(10)
(10)
Perfluorooctane
sulfonic acid and
6,5 x 10 -4
1,3 x 10 -4
(35)
7,2
9,1
1763-23-1
its derivatives
(PFOS)
(36)
Quinoxyfen
124495-18-7
0,15
0,015
2,7
0,54
Sum of
PCDD+P
Dioxins and
See footnote
CDF+PC
not
not
(37)
dioxin-like
10 in
B-DL
applicable
applicable
compounds
Schedule X
0,0065
μg,kg-1
TEQ (14)
(38)
Aclonifen
74070-46-5
0,12
0,012
0,12
0,012
(39)
Bifenox
42576-02-3
0,012
0,0012
0,04
0,004
(40)
Cybutryne
28159-98-0
0,0025
0,0025
0,016
0,016
8 x 10 -5
8 x 10 -6
6 x 10 -4
6 x 10 -5
(41)
Cypermethrin
52315-07-8
6 x 10 -4
6 x 10 -5
7 x 10 -4
7 x 10 -5
(42)
Dichlorvos
62-73-7
Hexabromo-
See footnote
(43)
cyclododecane
12 in
0,0016
0,0008
0,5
0,005
(HBCDD)
Schedule X
Heptachlor and
76-44-8/
2 x 10 -7
1 x 10 -8
1 x 10 -8
3 x 10 -4
6,7 x 10 -3
(44)
heptachlor
1024-57-3
epoxide
(45)
Terbutryn
886-50-0
0,065
0,0065
0,34
0,034
(1)
CAS: Chemical Abstracts Service.
(2)
This parameter is the EQS expressed as an annual average value (AA-EQS). Unless otherwise specified,
it applies to the total concentration of all isomers.
(3)
Inland surface waters encompass all standing or flowing waters on the surface of the land and related
artificial or heavily modified water bodies.
(4)
This parameter is the EQS expressed as a maximum allowable concentration (MAC-EQS). Where the
MAC-EQS are marked as "not applicable", the AA-EQS values are considered protective against short-
term pollution peaks in continuous discharges since they are significantly lower than the values derived
on the basis of acute toxicity.
(5)
For the group of priority substances covered by brominated diphenylethers (No 5), the EQS refers to the
sum of the concentrations of congener numbers 28, 47, 99, 100, 153 and 154.
(6)
For Cadmium and its compounds (No 6) the EQS values vary depending on the hardness of the water as
specified in five class categories (Class 1: < 40 mg CaCO3/l, Class 2: 40 to < 50 mg CaCO3/l, Class 3
50 to < 100 mg CaCO3/l, Class 4: 100 to < 200 mg CaCO3/l and Class 5: ≥ 200 mg CaCO3/l).
(7)
This substance is not a priority substance but one of the other pollutants for which the EQS are identical
to those laid down in the legislation that applied prior to 13 January 2009.
(8)
No indicative parameter is provided for this group of substances. The indicative parameter(s) must be
defined through the analytical method.
(9)
DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS
number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane
(CAS number 789-02-6; EU number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene (CAS
number 72-55-9; EU number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS
number 72-54-8; EU number 200-783-0).
(10) There is insufficient information available to set a MAC-EQS for these substances.
(11) For the group of priority substances of polyaromatic hydrocarbons (PAH) (No 28), the biota EQS and
corresponding AA-EQS in water refer to the concentration of Benzo(a)pyrene, on the toxicity of which
they are based. Benzo(a)pyrene can be considered as a marker for the other PAHs, hence only
Benzo(a)pyrene needs to be monitored for comparison with the biota EQS or the corresponding AA-EQS
in water.
(12) Unless otherwise indicated, the biota EQS relate to fish. An alternative biota taxon, or another matrix,
can be monitored instead, as long as the EQS applied provides an equivalent level of protection. For
substances, numbered 15 (Fluoranthene) and 28 (PAHs), the biota EQS refers to crustaceans and
molluscs. For the purpose of assessing chemical status, monitoring of Fluoranthene and PAHs in fish is
not appropriate. For substance number 37 (Dioxins and dioxin-like compounds), the biota EQS relates to
fish, crustaceans and molluscs, in line with section 5.3 of the Annex to Commission Regulation (EU) No
1259/2011 of 2 December 2011 amending Regulation (EC) No 1881/2006 as regards maximum levels for
dioxins, dioxin – like PCBs in foodstuffs (OJ L320, 3.12.2011, p. 18).
(13) These EQS refer to bioavailable concentrations of the substances.
(14) PCDD: polychlorinated dibenzo-p-dioxins; PCDF: polychlorinated dibenzofurans; PCB-DL: dioxin-like
polychlorinated biphenyls; TEQ: toxic equivalents according to the World Health Organisation 2005
Toxic Equivalence Factors.
PART B: APPLICATION OF THE EQS SET OUT IN PART A
1. Columns 4 and 5 of the table: For any given surface water body,
applying the AA-EQS means that, for each representative monitoring point within
the water body, the arithmetic mean of the concentrations measured at different
times during the year does not exceed the standard.
The calculation of the arithmetic mean, the analytical method used and,
where there is no appropriate analytical method meeting the minimum
performance criteria, the method of applying an EQS must be in accordance with
implementing acts adopting technical specifications for chemical monitoring and
quality of analytical results, in accordance with these regulations.
2. Columns 6 and 7 of the table: For any given surface water body,
applying the MAC-EQS means that the measured concentration at any
representative monitoring point within the water body does not exceed the
standard.
However in accordance with Section 1.3.4. of Schedule V to the Water Policy
Framework Regulations, 2004 (L.N. 194 of 2004), the competent authority may
introduce statistical methods, such as a percentile calculation, to ensure an
acceptable level of confidence and precision for determining compliance with the
MAC-EQS. Where the competent authority does so, such statistical methods shall
comply with detailed rules laid down in accordance with the examination
procedure referred to in Article 9(2) of Directive 2013/39/EU.
3. The water EQS laid down in the Schedule are expressed as total
concentrations in the whole water sample. By way of derogation from the first
subparagraph, in the case of cadmium, lead, mercury and nickel (hereinafter
“metals”), the water EQS refer to the dissolved concentration, i.e. the dissolved
phase of a water sample obtained by filtration through a 0,45μm filter or any
equivalent pre-treatment, or, where specifically indicated, to the bioavailable
concentration.
The competent authority may, when assessing the monitoring results against
the relevant EQS, take into account
(a)
natural background concentrations for metals and their
compounds where such concentrations prevent compliance with the relevant
EQS;
(b)
hardness, pH, dissolved organic carbon or other water quality
parameters that affect the bioavailability of metals, the bioavailable
concentrations being determined using appropriate bioavailability modelling.
(1) The competent authority shall ensure the Monitoring of
establishment of programmes for the monitoring of water status in surface
status,
order to establish a coherent and comprehensive overview of water groundwater
status and
status within each water catchment district
protected areas.
(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 Schedule V.
(3) The competent authority shall adhere to technical
specifications and standardised methods for analysis and monitoring
of water status in accordance with the requirements of Schedules V
and XI.
10.(1) (a) The competent authority shall take account of the
principle of recovery of the costs of water services, including
environmental and resource costs, having regard to the economic
analysis conducted according to Schedule 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 Schedule 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), 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). 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), 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.
LIST OF PRIORITY SUBSTANCES IN THE FIELD OF WATER POLICY
Identified
CAS
as priority
EU number (2)
Name of priority substance (3)
Number
number (1)
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
(4)
71-43-2
200-753-7
Benzene
X (4)
(5)
32534-81-9
not applicable
Brominated diphenylether
(6)
7440-43-9
231-152-8
Cadmium and its compounds
X
(7)
85535-84-8
287-476-5
Chloralkanes, C 10-13
X
(8)
470-90-6
207-432-0
Chlorfenvinphos
(9)
2921-88-2
220-864-4
Chlorpyrifos (Chlorpyrifos-ethyl)
(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 (DEHP)
X
(13)
330-54-1
206-354-4
Diuron
(14)
115-29-7
204-079-4
Endosulfan
X
(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
(19)
34123-59-6
251-835-4
Isoproturon
(20)
7439-92-1
231-100-4
Lead and its compounds
(21)
7439-97-6
231-106-7
Mercury and its compounds
X
(22)
91-20-3
202-049-5
Naphthalene
(23)
7440-02-0
231-111-14
Nickel and its compounds
X (5)
(24)
25154-52-3
246-672-0
Nonylphenols
Octylphenols (8)
(25)
1806-26-4
217-302-5
(26)
608-93-5
210-172-5
Pentachlorobenzene
X
(27)
87-86-5
231-152-8
Pentachlorophenol
Polyaromatic hydrocarbons (PAH) (7)
X
(28)
not applicable
not applicable
(29)
122-34-9
204-535-2
Simazine
(30)
not applicable
not applicable
Tributyltin compounds
X
(31)
12002-48-1
234-413-4
Trichlorobenzenes
(32)
67-66-3
200-663-8
Trichloromethane (chloroform)
(33)
1582-09-8
216-428-8
Trifluralin
X
(34)
115-32-2
204-082-0
Dicofol
X
Perfluorooctane sulfonic acid and its
(35)
1763-23-1
217-179-8
X
derivatives (PFOS)
(36)
124495-18-7
not applicable
Quinoxyfen
X
X (9)
(37)
not applicable
not applicable
Dioxins and dioxin-like compounds
(38)
74070-46-5
277-704-1
Aclonifen
(39)
42576-02-3
255-894-7
Bifenox
(40)
28159-98-0
248-872-3
Cybutryne
Cypermethrin (10)
(41)
52315-07-8
257-842-9
(42)
62-73-7
200-547-7
Dichlorvos
Hexabromo-cyclododecane
X (11)
(43)
not applicable
not applicable
(HBCDD)
76-44-8/
200-962-3/
(44)
Heptachlor and heptachlor epoxide
X
1024-57-3
213-831-0
(45)
886-50-0
212-950-5
Terbutryn
(1)
CAS: Chemical Abstracts Service.
(2)
EU number: European Inventory of Existing Commercial Substances (EINECS) or European List of
Notified Chemical Substances (ELINCS).
(3)
Where groups of substances have been selected, unless explicitly noted, typical individual
representatives are defined in the context of the setting of environmental quality standards.
(4)
Only Tetra, Penta, Hexa and Heptabromodiphylether (CAS – numbers 40088-47-9, 32534-81-9, 36483-
60-0, 68928-80-3, respectively).
(5)
Nonylphenol (CAS 25154-52-3, EU 246-672-0) including isomers 4-nonylphenol (CAS 104-40-5, EU
203-199-4) and 4- nonylphenol (branched) (CAS 84852-15-3, EU 284-325-5).
(6)
Octylphenol (CAS 1806-26-4, EU 217-302-5) including isomer 4-(1,1',3,3'-tetramethylbutyl)-phenol
(CAS 140-66-9, EU 205-426-2).
(7)
Including benzo(a)pyrene (CAS 50-32-8, EU 200-028-5), benzo(b)fluoranthene (CAS 205-99-2, EU
205-911-9), benzo(g,h,i)perylene (CAS 191-24-2, EU 205-883-8), benzo(k)fluoranthene (CAS 207-08-9,
EU 205-916-6), indeno(1,2,3-cd)pyrene (CAS 193-39-5, EU 205-893-2) and excluding anthracene,
fluoranthene and naphthalene, which are listed separately.
(8)
Including tributyltin-cation (CAS 36643-28-4).
(9)
This refers to the following compounds
7 polychlorinated dibenzo-p-dioxins (PCDDs): 2,3,7,8-T4CDD (CAS 1746-01-6), 1,2,3,7,8-P5CDD
(CAS 40321-76-4), 1,2,3,4,7,8- H6CDD (CAS 39227-28-6), 1,2,3,6,7,8-H6CDD (CAS 57653-85-7),
1,2,3,7,8,9-H6CDD (CAS 19408-74-3), 1,2,3,4,6,7,8-H7CDD (CAS 35822-46-9), 1,2,3,4,6,7,8,9-
O8CDD (CAS 3268-87-9)
10 polychlorinated dibenzofurans (PCDFs): 2,3,7,8-T4CDF (CAS 51207-31-9), 1,2,3,7,8-P5CDF (CAS
57117-41-6), 2,3,4,7,8-P5CDF (CAS 57117-31-4), 1,2,3,4,7,8-H6CDF (CAS 70648-26-9), 1,2,3,6,7,8-
H6CDF (CAS 57117-44-9), 1,2,3,7,8,9-H6CDF (CAS 72918- 21-9), 2,3,4,6,7,8-H6CDF (CAS 60851-
34-5), 1,2,3,4,6,7,8-H7CDF (CAS 67562-39-4), 1,2,3,4,7,8,9-H7CDF (CAS 55673-89-7),
1,2,3,4,6,7,8,9-O8CDF (CAS 39001-02-0)
12 dioxin-like polychlorinated biphenyls (PCB-DL): 3,3',4,4'-T4CB (PCB 77, CAS 32598-13-3),
3,3',4',5-T4CB (PCB 81, CAS 70362-50-4), 2,3,3',4,4'-P5CB (PCB 105, CAS 32598-14-4), 2,3,4,4',5-
P5CB (PCB 114, CAS 74472-37-0), 2,3',4,4',5-P5CB (PCB 118, CAS 31508-00-6), 2,3',4,4',5'-P5CB
(PCB 123, CAS 65510-44-3), 3,3',4,4',5-P5CB (PCB 126, CAS 57465-28-8), 2,3,3',4,4',5-H6CB (PCB
156, CAS 38380-08-4), 2,3,3',4,4',5'-H6CB (PCB 157, CAS 69782-90-7), 2,3',4,4',5,5'-H6CB (PCB 167,
CAS 52663-72-6), 3,3',4,4',5,5'-H6CB (PCB 169, CAS 32774-16-6), 2,3,3',4,4',5,5'-H7CB (PCB 189,
CAS 39635-31-9).
(10) CAS 52315-07-8 refers to an isomer mixture of cypermethrin, alpha-cypermethrin (CAS 67375-30-8),
beta-cypermethrin (CAS 65731-84-2), theta-cypermethrin (CAS 71697-59-1) and zeta-cypermethrin
(52315-07-8).
(11) This
refers
to
1,3,5,7,9,11-Hexabromocyclododecane
(CAS
25637-99-4),
1,2,5,6,9,10-
Hexabromocyclododecane (CAS 3194-55-6), α-Hexabromocyclododecane (CAS 134237-50-6), β-
Hexabromocyclododecane (CAS 134237-51-7) and γ- Hexabromocyclododecane (CAS 134237-52-8).’
TECHNICAL SPECIFICATIONS FOR CHEMICAL ANALYSIS AND
MONITORING OF WATER STATUS
A
Methods of analysis
The competent authority shall ensure that all methods of analysis, including
laboratory, field and on-line methods, used for the purposes of chemical
monitoring programmes carried out under these regulations are validated and
documented in accordance with MSA EN ISO/IEC-17025: 2005 standard or other
equivalent standards accepted at international level.
B
Minimum performance criteria for methods of analysis
1. The competent authority shall ensure that the minimum performance
criteria for all methods of analysis applied are based on an uncertainty of
measurement of 50% or below (k = 2) estimated at the level of relevant
environmental quality standards and a limit of quantification equal or below a
value of 30% of the relevant environmental quality standards.
2. In the absence of relevant environmental quality standard for a given
parameter, or in the absence of method of analysis meeting the minimum
performance criteria set out in point C(1) above, the competent authority shall
ensure that monitoring is carried out using best available techniques not entailing
excessive costs.
C
Calculation of mean values
1. Where the amounts of physico-chemical or chemical measurands in a
given sample are below the limit of quantification, the measurement results shall
be set to half of the value of the limit of quantification concerned for the
calculation of mean values.
2. Where a calculated mean value of the measurement results referred to in
D(1) above, is below the limits of quantification, the value shall be referred to as
"less than limit of quantification".
3. Point C(1) shall not apply to measurands that are total sums of a given
group of physico-chemical parameters or chemical measurands, including their
relevant metabolites, degradation and reaction products. In those cases, results
below the limit of quantification of the individual substances shall be set to zero.
D
Quality assurance and control
1. The competent authority shall ensure that laboratories or parties
contracted by laboratories apply quality management system practices in
accordance with MSA EN ISO/IEC-17025:2005 or other equivalent standards
accepted at international level.
2. The competent authority shall ensure that laboratories or parties
contracted by laboratories demonstrate their competences in analysing relevant
physico-chemical or chemical measurands by
(a)
participation in proficiency testing programmes covering the
methods of analysis referred to in ‘A: Methods of analysis’ of this Schedule
of measurands at levels of concentrations that are representative of chemical
monitoring programmes carried out under these regulations; and
(b)
analysis of available reference materials that are representative
of collected samples which contain appropriate levels of concentrations in
relation to relevant environmental quality standards referred to in point B(1)
of ‘B: Minimum performance criteria for methods of analysis’ as included in
this Schedule.
3. The proficiency testing programmes referred to in point D(2a) above
shall be organised by accredited organisations or internationally or nationally
recognised organisations which meet the requirements of ISO/IEC guide 43-1 or of
other equivalent standards accepted at international level.
The results of participation in those programmes shall be evaluated on the
basis of the scoring systems set out in ISO/IEC guide 43-1 or in the ISO-13528
standard or in other equivalent standards accepted at international level.
E
Coming into effect of this schedule
The competent authority shall adhere to the technical specifications and
standardised methods for analysis and monitoring of water status, as per
requirements in this Schedule XI, at most within 7 years from the publication of
these regulations.
€8.73
(1) The competent authority shall ensure that all The combined
discharges, referred to in sub-regulation (2), into surface waters are approach
point and
controlled according to the combined approach set out in this diffuse sources.
regulation.
(2) The competent authority shall ensure the establishment
and, or implementation of
(a)
the emission controls based on best available
techniques, or
(b)
the relevant emission limit values, or
(c)
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 Industrial Emissions (Integrated Pollution S.L. 504.54
Prevention and Control) Regulations, the Urban Waste Water S.L. 504.40
Treatment Regulations, the Protection of Waters against S.L. 504.43
Pollution caused by Nitrates from Agricultural Sources
Regulations, the regulations listed in Schedule 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
Schedule 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 of
programme of measures for each water catchment district, taking measures.
account of the results of the analyses required under regulation 6, in
order to achieve the objectives established under regulation 5.
(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 11 and in part A of
Schedule VI;
(b)
measures deemed appropriate for the purposes of
regulation 10;
(c)
measures to promote an efficient and sustainable
water use in order to avoid compromising the achievement of
the objectives specified in regulation 5;
(d)
measures to meet the requirements of regulation 8,
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 11 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 6 and Schedule 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) injection of carbon dioxide stream for storage
purposes into geological formations which for natural
reasons are permanently unsuitable for other purposes,
provided that such injection is made in accordance with the
Geological Storage of Carbon Dioxide Regulations, or
excluded from the applicability of those regulations
pursuant to regulation 2(2) of those regulations;
(vi) 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
(vii) 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 Schedule 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 5;
(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 5. Part B
of Schedule 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 5 for the body of water are unlikely to be
achieved, the competent authority shall ensure that
(a)
the causes of the possible failure are investigated,
(b)
relevant permits and authorisations are examined
and reviewed as appropriate,
(c)
the monitoring programmes are reviewed and
adjusted as appropriate, and
(d)
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 Schedule 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 regulation
5(6).
(6) In implementing measures pursuant to sub-regulation (3),
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 management plan is produced for each water catchment catchment
management
district.
plans.
(2) The water catchment management plan shall include the
information detailed in Schedule 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
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) Schedules I and III and paragraph 1.3.6 of Schedule
V may be adapted to scientific and technical progress, taking into
account the periods for review and updating of the water catchment
management plans as referred to in regulation 13.
(2) For the purpose of transmission and processing of data,
including statistical and cartographic data, technical formats for the
purpose of sub-regulation (1) may be adopted in accordance with the
procedures laid down in relevant legislation.
(1) Where the competent authority considers that the Actions that
conditions attached to a permit are no longer adequate, or that the may
the competent
activity authorised by the permit poses a previously unforeseen risk to authority.
the environmental objectives listed in regulation 5, 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), 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) shall be without prejudice to regulations 17, 18 and 19.
(7) For the purposes of this regulation, "permit" means any
permit issued by the competent authority under the Malta Resources
Authority Act and, or under the Environment and Development
Planning Act or any regulation made 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,
counseling 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 one thousand and one hundred and sixty-four euro and
sixty-nine cents (€1,164.69) but not exceeding four thousand
and six hundred and fifty-eight euro and seventy-five cents
(€4,658.75);
(b)
on a second or subsequent convictions, to a fine
(multa) of not less than four thousand and six hundred and fifty-
eight euro and seventy-five cents (€4,658.75), but not exceeding
fifty-eight thousand and two hundred and thirty-four euro and
thirty-three cents (€ 58,234.33) 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 articles 23 and 30 of the Criminal Applicability of
Code shall, mutatis mutandis, apply to proceedings, in respect of the
Code.
offences against these regulations, so however that the Cap. 9.
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 Cap. 9.
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 Cap. 9.
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.
The Water Policy Framework Regulations, 2004, are Revocation of
hereby revoked, without prejudice to anything done or mitted to be the
Framework
done thereunder.
Regulations.
L.N. 194 of
2004. SCHEDULE 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 4.
(ii) Geographical coverage of the water catchment district - the names of
the main watercourses 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.