WATER POLICY FRAMEWORK REGULATIONS (sl_549.100) | MT

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Preamble — WATER POLICY FRAMEWORK REGULATIONS Open official source

SUBSIDIARY LEGISLATION 549.100

WATER POLICY FRAMEWORK REGULATIONS

23rd October, 2015

LEGAL NOTICE 345 of 2015, as amended by Act XVII of 2024.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 1 Citation. — WATER POLICY FRAMEWORK REGULATIONS Open official source

The title of these regulations is the Water Policy Framework

Regulations.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule I — WATER POLICY FRAMEWORK REGULATIONS Open official source

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

s u m m a r y o f t h e i n s t i t u t i o n a l r e l a t i o n s h i p s e s t a b l i s h e d i n o r d e r t o e n su r e

coordination.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 2 Scope. — WATER POLICY FRAMEWORK REGULATIONS Open official source

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

framework for the protection of inland surface waters, transitional

waters, coastal waters and groundwater and to transpose the

provisions of Directive 2000/60/EC of the European Parliament

and of the Council.

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Ii — WATER POLICY FRAMEWORK REGULATIONS Open official source

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.

Ecoregions and surface water body types

Watercourses

System A

Fixed typology

Descriptors

Ecoregion

Italy, Corsica and Malta

Altitude typology

mid-altitude: 200 to 800 m

lowland: <200 m

Size typology based on catchment area

small: 10 to 100 km 2

Geology

calcareous

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

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

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. 549.22)

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. 549.77);

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. 549.25);

(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. 549.21), 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. 549.47), 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.

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

(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.

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 3 Interpretation. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(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 Environment

and Resources Authority in as far as coastal water is concerned

Provided that the Environment and Resources Authority

shall also be responsible for surface waters found in areas protected

by scheduling declarations under the Environment Protection Act

or the Filfla Nature Reserve Act, and for surface waters found in

areas h osti ng protect ed sp ecies u nd er t he the E nvi ro nm ent

Protection Act or other areas of ecological and scientific

importance according to provisions of the Environment Protection

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

n o r m a l l y a p p l y a t t h e p o i n t w h e r e t h e em i s s i o n s l e a v e t h e

installation, dilution being disregarded when determining them.

Wi th r e g ar d t o i n d i r ec t r el e ase s i n t o w a t er, th e eff e ct o f 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

c o n f i d e n c e t h a t a s a m p l e i s d i ff e r e n t f r o m a b l a n k sa m p l e

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Iii — WATER POLICY FRAMEWORK REGULATIONS Open official source

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 4 Coordination of administrative arrangements within water catchment districts. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) There shall be one water catchment district in Malta

and Gozo.

(2) The competent authority shall take all the necessary

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 e stablished p ursuant to t hese

regulations.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Iv — WATER POLICY FRAMEWORK REGULATIONS Open official source

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. 549.25) and areas

designated as sensitive areas under the Urban Waste Water Treatment

Regulations (S.L. 549.22); 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. 549.44)

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 5 Environmental objectives. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) In making operational the programmes of measures

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 apply.

(3) The competent authority may designate a body of surface

water as artificial or heavily modified, when

(a) the changes to the hydromorphological characteristics

of that body which would be necessary for achieving

good ecological status would have significant adverse

effects on

(i) the wider environment;

(ii) navigation, including port facilities, or

recreation;

(iii) activities for the purposes of which water is

stored, such as drinking-water supply, power

generation or irrigation;

(iv) water regulation, flood protection, land

WATER POLICY FRAMEWORK

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).

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule V — WATER POLICY FRAMEWORK REGULATIONS Open official source

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.

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

General

There are no, or only T h e v a l u e s o f t h e T h e v a l u e s o f t h e

ver y mi no r, a nt hr o- b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

pogenic alterations to e l e m e n t s f o r t h e e l e m e n t s f o r t h e

t h e v a l u e s o f t h e surface water body surface water body

physico-chemical and type show low levels t y p e

deviate

Hydromorphological of distortion resulting m o d e r a t e l y f r o m

quality elements for from human activity, t h o s e

normally

t h e s u r f a c e w a t e r b u t d e v i a t e o n l y associated with the

body type from those s l i g h t l y f r o m t h o s e s u r f a c e w a t e r b o d y

normally associated normally associated t y p e

under

with that type under with the surface water u n d i s t u r b e d

undisturbed

body type under conditions.

The

conditions.

undisturbed

values show moderate

conditions.

signs of distortion

resulting from human

activity and are

significantly more

disturbed than under

conditions of good

status.

The values of the

biological quality

elements for the

surface water body

reflect those normally

associated with that

type

under

undisturbed

conditions, and show

no, or only very

m i n o r, e v i d e n c e o f

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 T h e

t a x o n o m i c T h e r e a r e s l i g h t The composition of

composition

changes in the macrophytic and

phytobenthos corresponds totally or c o m p o s i t i o n a n d p h y t o b e n t h i c t a x a

nearly totally to abundance

o f differs moderately

undisturbed

m a c r o p h y t i c a n d from the type-specific

conditions.

phytobenthic taxa community and is

compared to the type- s i g n i f i c a n t l y m o r e

There

are

no

specific communities. distorted than at good

detectable changes in

Such changes do not status.

the

average

indicate

any

macrophytic and the

Moderate changes in

accelerated growth of t h e

average phytobenthic

average

phytobenthos

or

abundance.

macrophytic and the

higher forms of plant average phytobenthic

life resulting in abundance

are

undesirable

evident.

disturbances to the T h e p h y t o b e n t h i c

balance of organisms c o m m u n i t y m a y b e

present in the water interfered with and, in

b o d y o r t o t h e some areas, displaced

p h y s i c o - c h e m i c a l by bacterial tufts and

quality of the water or c o a t s p r e s e n t a s a

sediment.

result

of

anthropogenic

The phytobenthic

activities.

community is not

adversely affected by

bacterial tufts and

coats present due to

anthropogenic

activity.

The

t a x o n o m i c T h e r e a r e s l i g h t The composition and

invertebrate c o m p o s i t i o n a n d c h a n g e s i n t h e a b u n d a n c e

of

abundance correspond c o m p o s i t i o n a n d i n v e r t e b r a t e t a x a

totally or nearly abundance

of differ moderately

totally to undisturbed invertebrate taxa from from the type-specific

conditions.

t h e t y p e s p e c i f i c communities.

communities.

The

ratio

of

Major taxonomic

disturbance sensitive T h e

ratio

o f groups of the type-

t a x a t o i n s e n s i t i v e disturbance-sensitive specific community

taxa shows no signs of t a x a t o i n s e n s i t i v e are absent.

alteration

from taxa shows slight The

ratio

of

undisturbed levels.

alteration from type

disturbance-sensitive

specific levels.

The level of diversity

taxa to insensitive

of invertebrate taxa The level of diversity taxa, and the level of

s h o w s n o s i g n o f of invertebrate taxa d i v e r s i t y,

are

alteration

f r o m shows slight signs of s u b s t a n t i a l l y l o w e r

undisturbed levels.

alteration from type- than the type-specific

specific levels.

level and significantly

lower than for good

status.

Hydromorphological quality elements

High Status

Good Status

Moderate Status

Hydrological T h e q u a n t i t y a n d Conditions consistent Conditions consistent

dynamics of flow, and with the achievement with the achievement

the

r e s u l t a n t of the values specified of the values specified

connection

to above

for

the above

for

the

gro undwater reflect b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

t o t a l l y, o r n e a r l y elements

elements.

t ot a l ly, un di s t ur b e d

conditions.

Watercourse The continuity of the Conditions consistent Conditions consistent

w a t e r c o u r s e i s n o t with the achievement with the achievement

disturbed

b y of the values specified of the values specified

anthropogenic

above

for

the above

for

the

activities and allows b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

undisturbed migration elements

elements

of aquatic organisms

and

sediment

transport

Morphologic C h a n n e l p a t t e r n s , Conditions consistent Conditions consistent

al conditions w i d t h a n d d e p t h with the achievement with the achievement

variations,

f l o w of the values specified of the values specified

velocities, substrate a b o v e

for

the above

for

the

conditions and both b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

t h e s t r u c t u r e a n d elements

elements

condition of the

riparian

zones

correspond totally or

nearly totally to

undisturbed

conditions.

Physico-chemical quality elements (1)

High Status

Good Status

Moderate Status

T h e v a l u e s o f t h e Temperature, oxygen Conditions consistent

p h y s i c o - c h e m i c a l b a l a n c e , p H , a c i d with the achievement

elements correspond neutralising capacity of the values specified

t o t al l y o r n e a rl y and salinity do not a b o v e

for

the

totally to undisturbed reach levels outside b i o l o g i c a l q u a l i t y

conditions. Nutrient the range established elements.

concentrations remain s o a s t o e n s u r e t h e

within the range functioning of the

norm ally associated t y p e

specific

with undisturbed ecosystem and the

conditions.

achievement of the

values specified above

Levels of salinity, pH,

for the biological

oxygen balance, acid

quality elements.

neutralising capacity

and temperature do N u t r i e n t

n o t s h o w s i g n s o f concentrations do not

anthropogenic

exceed the levels

disturbance

a n d e s t a b l i s h e d s o as t o

r e m a i n w i t h i n t h e ensure the functioning

range

n o r m a l l y of the ecosystem and

associated

w i t h the achievement of the

undisturbed

values specified above

conditions.

for the biological

quality elements.

Concentrations close Concentrations not in Conditions consistent

to zero and at least e x c e s s

of

t h e with the achievement

b e l o w t h e l i m i t s o f s t a n d a r d s s e t i n of the values specified

detection of the most accordance with the a b o v e

for

the

advanced a nalytic al procedure detailed in b i o l o g i c a l q u a l i t y

techniques in general section 1.2.6 without elements.

use.

prejudice to Directive

91/414/EC

and

Directive 98/8/EC. (<

EQS)

Specific non- Concentrations remain Concentrations not in Conditions consistent

within the range excess

of

t h e with the achievement

normally associated s t a n d a r d s s e t i n of the values specified

w i t h u n d i s t u r b e d accordance with the a b o v e

for

the

conditions

procedure detailed in b i o l o g i c a l q u a l i t y

(background levels = s e c t i o n 1 . 2 . 6 ( 2 ) elements.

bgl).

without prejudice to

Directive 91/414/EC

and Directive 98/8/

EC. (< EQS)

(1)

The following abbreviations are used: bgl = background level, EQS = environment

quality standard

(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

Phytoplankton T h e

t a x o n o m i c There are slight changes T h e

composition

a n d in the composition and c o m p o s i t i o n

abundance

o f abundance of planktonic and abundance

phytoplankton

t a x a c o m p a r e d t o t h e of planktonic

corresponds totally or t y p e - s p e c i f i c

taxa differ

nearly

totally

to communities. Such moderately

undisturbed conditions. changes do not indicate from the type-

any accelerated growth s p e c i f i c

The

average

o f a l g a e r e s u l t i n g i n communities.

phytoplankton biomass is

undesirable disturbance B i o m a s s i s

consistent with the type-

to the balance of

specific

physico-

moderately

organisms present in the disturbed and

chemical conditions and

waterbody or to the may be such

is not such as to

physico-chemical quality

significantly alter the

as to produce

of the water or sediment. a s i g n i f i c a n t

type-specific

transparency conditions. A slight increase in the u n d e s i r a b l e

frequency and intensity disturbance in

o f t h e t y p e s p e c i f i c the condition

planktonic blooms may o f

other

occur.

biological

quality

Planktonic blooms occur

e l e m e nt s an d

at a frequency and

the physico-

intensity which is

chemical

consistent with the type

quality of the

specific

physico-

water

or

chemical conditions.

sediment.

A moderate

increase in the

frequency and

intensity of

planktonic

blooms may

o c c u r.

Persistent

blooms may

occur during

summer

months.

Macrophytes The

t a x o n o m i c There are slight changes T h e

and

composition corresponds in the composition and c o m p o s i t i o n

phytobenthos totally or nearly totally a b u n d a n c e

of of

to

undisturbed macrophytic

and macrophytic

conditions.

phytobenthic

taxa and

compared to the type- phytobenthic

There are no detectable

specific communities. t a x a d i f f e r s

changes in the average

Such changes do not moderately

macrophytic and the

indicate any accelerated from the type-

average phytobenthic

growth of phytobenthos s p e c i f i c

abundance.

or higher forms of plant c o m m u n i t y

life

resulting

in and

is

undesirable disturbances s i g n i f i c a n t l y

t o t h e b a l a n c e o f more distorted

organisms present in the t h a n a t g o o d

w a t e r b o d y o r t o t h e status.

physico-chemical quality

Moderate

of the water or sediment. changes in the

The

phytobenthic average

community is not macrophytic

adversely affected by a n d

the

bacterial tufts and coats a v e r a g e

present

due

t o phytobenthic

anthropogenic activity.

abundance are

evident.

The

phytobenthic

community

may

be

interfered with

and, in some

areas,

displaced by

bacterial tufts

and

coats

present as a

result

of

anthropogenic

activities.

The

t a x o n o m i c There are slight changes T h e

invertebrate composition

a n d in the composition and c o m p o s i t i o n

abundance correspond a b u n d a n c e

o f and abundance

totally or nearly totally invertebrate taxa from of invertebrate

to

undisturbed the

type

specific taxa differ

conditions.

communities.

moderately

from the type-

The ratio of disturbance The ratio of disturbance-

specific

sensitive

taxa

to sensitive

taxa

to

communities.

insensitive taxa shows no insensitive taxa shows

signs of alteration from s l i g h t a l t e r a t i o n f r o m M a j o r

undisturbed levels.

types pecific levels.

taxonomic

groups of the

The level of diversity of The level of diversity of

ty p e - s p e c i f i c

invertebrate taxa shows invertebrate taxa shows

community

no sign of alteration from slight signs of alteration

are absent.

undisturbed levels.

from type-specific levels.

The ratio of

disturbance-

sensitive taxa

to insensitive

taxa, and the

level

of

diversity, are

substantially

lower than the

ty p e - s p e c i f i c

level

and

significantly

lower than for

good status.

Hydromorphological quality elements

High Status

Good Status

Moderate

Status

Hydrological T h e q u a n t i t y a n d Conditions consistent C o n d i t i o n s

dy nam i cs o f f lo w, an d with the achievement of c o n s i s t e n t

the resultant connection t h e v a l u e s s p e c i f i e d w i t h

the

to groundwater reflect above for the biological a c h i e v e m e n t

totally, or nearly totally, quality elements.

o f th e v a l u e s

undisturbed conditions.

specified

above for the

biological

quality

elements.

Morphological P o o l d e p t h v a r i a t i o n , C o n d i t i o n s c o n s i s t e n t C o n d i t i o n s

quantity and structure of with the achievement of c o n s i s t e n t

the substrate, and both t h e v a l u e s s p e c i f i e d w i t h

the

t h e s t r u c t u r e a n d above for the biological a c h i e v e m e n t

c o n d i t i o n o f t h e p o o l quality elements

o f th e v a l u e s

shore zone correspond

specified

totally or nearly totally

above for the

to

undisturbed

biological

conditions.

quality

elements

Physico-chemical quality elements (1)

High Status

Good Status

Moderate Status

T h e v a l u e s o f t h e Temperature, oxygen Conditions consistent

p h y s i c o - c h e m i c a l b a l a n c e , p H , a c i d with the achievement

elements correspond neutralising capacity of the values specified

t otally or near ly and salinity do not a b o v e

for

the

totally to undisturbed reach levels outside b i o l o g i c a l q u a l i t y

the range established elements.

conditions.

so as to ensure the

Nutrient

functioning of the

concentrations remain

ecosystem and the

within the range

achievement of the

n ormall y associated

values specified above

with undisturbed

for the biological

conditions.

quality elements.

Levels of salinity, pH,

Nutrient

oxygen balance, acid

concentrations do not

neutralising capacity

exceed the levels

and temperature do

established so as to

not show signs of

ensure the functioning

anthropogenic

of the ecosystem and

disturbance

and

the achievement of the

remain within the

values specified above

range

normally

for the biological

associated

with

quality elements.

undisturbed

conditions.

Concentrations close Concentrations not in Conditions consistent

to zero and at least e x c e s s

of

t h e with the achievement

b e l o w t h e l i m i t s o f s t a n d a r d s s e t i n of the values specified

detection of the most accordance with the a b o v e

for

the

a d v a n c e d an a lytic a l procedure detailed in b i o l o g i c a l q u a l i t y

techniques in general section 1.2.6 without elements.

use.

prejudice to Directive

91/414/EC

and

Directive 98/8/EC. (<

EQS)

Specific non- Concentrations remain Concentrations not in Conditions consistent

within the range excess

of

t h e with the achievement

normally associated s t a n d a r d s s e t i n of the values specified

w i t h u n d i s t u r b e d accordance with the a b o v e

for

the

conditions

procedure detailed in b i o l o g i c a l q u a l i t y

(background levels = s e c t i o n 1 . 2 . 6 ( 2 ) elements.

bgl).

without prejudice to

Directive 91/414/EC

and Directive 98/8/

EC. (< EQS)

(1)

The following abbreviations are used: bgl = background level, EQS = environment

quality standard

(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

Biological quality elements

High Status

Good Status

Moderate Status

P hy to p la nk - T h e

t a x o n o m i c T h e r e a r e s l i g h t The composition and

composition and changes in the abundance

of

abundance

o f c o m p o s i t i o n a n d planktonic taxa differ

phytoplankton are abundance

o f moderately from the

consistent

w i t h planktonic taxa.

type-specific

undisturbed

communities.

There are slight

conditions.

changes in biomass B i o m a s s

is

The

a v e r a g e compared to the type- moderately disturbed

phytoplankton

specific conditions. and may be such as to

biomass is consistent Such changes do not produce a significant

with the type-specific i n d i c a t e

any undesirable

p h y s i c o - c h e m i c a l accelerated growth of d i s t u r b a n c e i n t h e

conditions and is not a l g a e r e s u l t i n g i n c o n d i t i o n o f o t h e r

such

as

to undesirable

biological quality

significantly alter the d i s t u r b a n c e t o t h e elements.

type-specific

balance of organisms

A moderate increase

transparency

present in the water in the frequency and

conditions.

body or to the intensity

of

physico-chemical

planktonic blooms

quality of the water or may occur. Persistent

sediment.

blooms may occur

during

summer

months.

P l a n k t o n i c b l o o m s A slight increase in

occur at a frequency t h e f r e q u e n c y a n d

and intensity which is intensity of the type

consistent with the specific planktonic

type specific physico- blooms may occur.

chemical conditions.

Macroalgae T h e c o m p o s i t i o n o f T h e r e a r e s l i g h t T h e c o m p o s i t i o n o f

macroalgal taxa is changes in the macroalgal

taxa

consistent

w i t h c o m p o s i t i o n a n d differs moderately

undisturbed

abundance

o f from the type-specific

conditions.

macroalgal

taxa conditions and is

compared to the type- s i g n i f i c a n t l y m o r e

There

are

no

specific communities. distorted than at good

detectable changes in

Such changes do not quality.

macroalgal cover due

indicate

any

to anthropogenic

Moderate changes in

accelerated growth of t h e

activities.

average

phytobenthos

o r macroalgal abundance

higher forms of plant

are evident and may

l i f e r e s u l t i n g i n be such as to result in

undesirable

an

undesirable

disturbances to the

disturbance to the

balance of organisms balance of organisms

present in the water present in the water

body or to the

body.

physico-chemical

quality of the water.

Angiosperms T h e

t a x o n o m i c T h e r e a r e s l i g h t The composition of

composition

c h a n g e s i n t h e the angiosperm taxa

corresponds totally or c o m p o s i t i o n

o f differs moderately

n e a r l y t o t a l l y t o a n g i o s p e r m t a x a from the type-specific

undisturbed

compared to the type- c o m m u n i t i e s a n d i s

conditions.

specific communities. s i g n i f i c a n t l y m o r e

distorted than at good

There

are

no Angiosperm

quality.

detectable changes in a b u n d a n c e s h o w s

macroalgal cover due s l i g h t s i g n s o f T h e r e a r e m o d e r a t e

t o a n t h r o p o g e n i c disturbance.

distortions in the

abundance

of

activities.

angiosperm taxa.

The level of diversity The level of diversity The level of diversity

Invertebrate a n d a b u n d a n c e o f a n d a b u n d a n c e o f a n d a b u n d a n c e o f

invertebrate taxa is invertebrate taxa is invertebrate taxa is

w i t h i n t h e r a n g e slightly outside the moderately outside

normally associated range associated with the range associated

w i t h u n d i s t u r b e d t h e t y p e - s p e c i f i c with the type-specific

conditions.

All the disturbance- Most of the sensitive Ta x a i n d i c a t i v e o f

sensitive

t a x a t a x a o f t h e t y p e - pollution are present.

associated

w i t h specific communities

Many of the sensitive

undisturbed

are present.

taxa of the type-

conditions

are

specific communities

present.

are absent.

Species composition The abundance of the A

moderate

a n d a b u n d a n c e i s disturbance-sensitive p r o p o r t i o n o f t h e

consistent

w i t h species shows slight t y p e - s p e c i f i c

undisturbed

s i g n s o f d i s t o r t i o n disturbance-sensitive

conditions.

f r o m t y p e - s p e c i f i c species are absent as a

conditions

result

of

attributable

to anthropogenic

anthropogenic

impacts on physico-

impacts on physico- c h e m i c a l

or

chemical

o r hydromorphological

hydromorphological quality elements.

quality elements.

Hydromorphological quality elements

High Status

Good Status

Moderate Status

Flow regime T h e f l o w r e g i m e Conditions consistent Conditions consistent

corresponds totally or with the achievement with the achievement

n e a r l y t o t a l l y t o of the values specified of the values specified

undisturbed

above

for

the above

for

the

conditions.

biological quality biological quality

elements.

Morphologic D e p t h v a r i a t i o n s , Conditions consistent Conditions consistent

al conditions substrate conditions with the achievement with the achievement

and both the structure of the values specified of the values specified

and condition of the a b o v e

for

the above

for

the

mediolittoral zones b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

correspond totally or elements

elements

nearly totally to

undisturbed

conditions.

Physico-chemical quality elements (1)

High Status

Good Status

Moderate Status

T h e v a l u e s o f t h e Temperature, oxygen Conditions consistent

physico-chemical conditions

a n d with the achievement

elements correspond transparency do not of the values specified

t o t a l l y o r n e a r l y reach levels outside a b o v e

for

the

totally to undisturbed the range established b i o l o g i c a l q u a l i t y

conditions.

s o a s t o e n s u r e t h e elements.

functioning of the

Nutrient

ecosystem and the

concentrations remain

achievement of the

within the range

values specified

normally associated

above

for

the

with undisturbed

biological quality

conditions.

elements.

Levels of salinity, pH, N u t r i e n t

oxygen balance, acid concentrations do not

neutralising capacity e x c e e d t h e l e v e l s

a n d t e m p e r a t u r e d o establ ished so as to

n o t s h o w s i g n s o f ensure the functioning

anthropogenic

of the ecosystem and

disturbance

a n d the achievement of

r e m a i n w i t h i n t h e the values specified

range

normally above

for

the

associated

with biological quality

undisturbed

elements.

conditions.

Concentrations close Concentrations not in Conditions consistent

s y n t h e t i c to zero and at least e x c e s s

of

t h e with the achievement

b e l o w t h e l i m i t s o f s t a n d a r d s s e t i n of the values specified

detection of the most accordance with the a b o v e

for

the

advanced analytical procedure detailed in b i o l o g i c a l q u a l i t y

techniques in general section 1.2.6 without elements.

use.

prejudice to Directive

91/414/EC

and

Directive 98/8/EC. (<

EQS)

Specific non- C o n c e n t r a t i o n s

Concentrations not in Conditions consistent

synthetic remain within the excess

of

t h e with the achievement

range

n o r m a l l y s t a n d a r d s s e t i n of the values specified

associated

w i t h accordance with the a b o v e

for

the

undisturbed

procedure detailed in b i o l o g i c a l q u a l i t y

s e c t i o n 1 . 2 . 6 ( 2 ) elements.

conditions

(background levels = without prejudice to

bgl).

Directive 91/414/EC

and Directive 98/8/

EC. (< EQS)

(1)

The following abbreviations are used: bgl = background level, EQS = environment

quality standard

(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

High Status

Good Status

Moderate Status

P h y t o p l a n k - The composition and The composition and The composition and

abundance

of abundance

of

phytoplanktonic taxa phytoplanktonic taxa planktonic taxa show

a r e c o n s i s t e n t w i t h show slight signs of s i g n s o f m o d e r a t e

undisturbed

disturbance.

conditions.

The

average There are slight Algal biomass is

phytoplankton

c h a n g e s i n b i o m a s s substantially outside

biomass is consistent compared to the type- the range associated

with the type-specific sp ecific conditions. w i t h t y p e - s p e c i f i c

p h y s i c o - c h e m i c a l Such changes do not c o n d i t i o n s , a n d i s

conditions and is not i n d i c a t e

any such as to impact

such

as

t o accelerated growth of upon other biological

significantly alter the a l g a e r e s u l t i n g i n quality elements.

type-specific

undesirable

A moderate increase

transparency

disturbance to the

in the frequency and

conditions.

balance of organisms intensity of planktonic

present in the water b l o o m s m a y o c c u r.

Planktonic blooms

body or to the

occur at a frequency

Persistent blooms may

p h y s i c o - c h e m i c a l occur during summer

and intensity which is

quality of the water or months.

consistent with the

sediment.

type specific physico-

chemical conditions. A slight increase in

the frequency and

intensity of the type

specific planktonic

blooms may occur.

M a c r o a l g a e A l l d i s t u r b a n c e - M o s t d i s t u r b a n c e - A moderate number of

sensitive macro-algal sensitive macroalgal t h e d i s t u r b a n c e -

angiosperms and angiosperm taxa and angiosperm taxa sensitive macroalgal

associated

with associated

w i t h and angiosperm taxa

undisturbed

associated

with

conditions are present. conditions are present. u n d i s t u r b e d

conditions are absent.

The

levels

of The

level

of

macroalgal cover and macroalgal cover and Macroalgal cover and

angiosperm

abundance

are abundance

show abundance

is

consistent

w i t h s l i g h t s i g n s o f moderately disturbed

and be such as to

undisturbed

disturbance.

conditions.

result

in

an

undesirable

disturbance to the

balance of organisms

present in the water

body.

The level of diversity The level of diversity The level of diversity

Invert ebrate a n d a b u n d a n c e o f a n d a b u n d a n c e o f a n d a b u n d a n c e o f

invertebrate taxa is invertebrate taxa is invertebrate taxa is

w i t h i n t h e r a n g e slightly outside the moderately outside

normally associated range associated with the range associated

w i t h u n d i s t u r b e d t h e t y p e - s p e c i f i c with the type-specific

conditions.

All the disturbance- Most of the sensitive Ta x a i n d i c a t i v e o f

sensitive

t a x a t a x a o f t h e t y p e - pollution are present.

associated

w i t h specific communities

Many of the sensitive

undisturbed

are present.

taxa of the type-

conditions are present.

specific communities

are absent.

Hydromorphological quality elements

High Status

Good Status

Moderate Status

Flow regime The flow regime and Conditions consistent Conditions consistent

t h e d i r e c t i o n a n d with the achievement with the achievement

s p e e d o f d o m i n a n t of the values specified of the values specified

currents correspond a b o v e

for

the above

for

the

totally or nearly biological quality biological quality

totally to undisturbed elements.

elements.

conditions.

Morphologi- The depth variation, Conditions consistent Conditions consistent

structure and substrate with the achievement with the achievement

of the coastal bed, and of the values specified of the values specified

both the structure and a b o v e

for

the above

for

the

condition of the inter- b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

tidal zones correspond elements

elements

totally or nearly

totally to undisturbed

conditions.

Physico-chemical quality elements (1)

High Status

Good Status

Moderate Status

T h e v a l u e s o f t h e Temperature, oxygen Conditions consistent

physico-chemical conditions

a n d with the achievement

elements correspond transparency do not of the values specified

t o t a l l y o r n e a r l y reach levels outside a b o v e

for

the

totally to undisturbed the range established b i o l o g i c a l q u a l i t y

conditions.

s o a s t o e n s u r e t h e elements.

functioning of the

Nutrient

ecosystem and the

concentrations remain

achievement of the

within the range

values specified

normally associated

above

for

the

with undisturbed

biological quality

conditions.

elements.

Temperature, oxygen

Nutrient

balance

and

concentrations do not

transparency do not

exceed the levels

show

signs

of

estab lish ed so as to

anthropogenic

ensure the functioning

disturbance

and

of the ecosystem and

remain within the

the achievement of

range

normally

the values specified

associated

with

above

for

the

undisturbed

biological quality

conditions.

elements.

Concentrations close Concentrations not in Conditions consistent

to zero and at least e x c e s s

of

t h e with the achievement

b e l o w t h e l i m i t s o f s t a n d a r d s s e t i n of the values specified

detection of the most accordance with the a b o v e

for

the

advanced analytical procedure detailed in b i o l o g i c a l q u a l i t y

techniques in general section 1.2.6 without elements.

use.

prejudice to Directive

91/414/EC

and

Directive 98/8/EC. (<

EQS)

Specific non- C o n c e n t r a t i o n s

Concentrations not in Conditions consistent

synthetic remain within the excess

of

t h e with the achievement

range

n o r m a l l y s t a n d a r d s s e t i n of the values specified

associated

w i t h accordance with the a b o v e

for

the

undisturbed

procedure detailed in b i o l o g i c a l q u a l i t y

s e c t i o n 1 . 2 . 6 ( 2 ) elements.

conditions

(background levels = without prejudice to

bgl).

Directive 91/414/EC

and Directive 98/8/

EC. (< EQS)

(1)

The following abbreviations are used: bgl = background level, EQS = environment

quality standard

(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

B i o l o g i c a l T h e v a l u e s o f t h e T h e r e a r e s l i g h t There are moderate

r e l e v a n t b i o l o g i c a l changes in the values changes in the values

quality elements of the relevant of the relevant

reflect, as far as biological quality biological quality

possible,

t h o s e elements as compared elements as compared

a s s o c i a t e d w i t h t h e to the values found at to the values found at

c l o s e s t c o m p a r a b l e maximum ecological maximum ecological

s u r f a c e w a t e r b o d y potential.

potential.

type, given the

These values are

p h y s ic a l c o n d i t io n s

significantly more

which result from the

distorted than those

artificial or heavily

found under good

modified

quality.

characteristics of the

water body.

The

Conditions consistent Conditions consistent

morpholo-

hydromorphological with the achievement with the achievement

conditions

a r e of the values specified of the values specified

consistent with the a b o v e

for

the above

for

the

only impacts on the b i o l o g i c a l q u a l i t y b i o l o g i c a l q u a l i t y

s u r f a c e w a t e r b o d y elements

elements

being those resulting

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

Maximum Ecological

Good Ecological

Moderate Ecological

Potential

P h y s i c o - c h e m i c a l T h e v a l u e s f o r Conditions consistent

elements correspond p h y s i c o - c h e m i c a l with the achievement

t o t a l l y o r n e a r l y elemen ts are with in of the values specified

totally to undisturbed the ranges established a b o v e

for

the

conditions associated s o a s t o e n s u r e t h e b i o l o g i c a l q u a l i t y

with the surface water f u n c t i o n i n g o f t h e elements.

body most closely ecosystem and the

c o m p a r a b l e t o t h e achievement of the

artificial or heavily v a l u e s s p e c i f i e d

modified

body above

for

the

concerned.

biological quality

elements.

Nutrient

concentrations remain Temperature and pH

w i t h i n t h e r a n g e do not reach levels

normally associated o u t s i d e t h e r a n g e

w i t h u n d i s t u r b e d estab lish ed so as to

conditions.

ensure the functioning

of the ecosystem and

Levels of temperature,

the achievement of

oxygen balance and

the values specified

pH do not show signs

above

for

the

of anthropogenic

biological quality

disturbance

and

elements.

remain within the

range

normally

associated

with

undisturbed

conditions.

Nutrient

concentrations do not

exceed the levels

e st abl ished so as t o

ensure the functioning

of the ecosystem and

the achievement of

the values specified

above

for

the

biological quality

elements.

Specific

Concentrations close Concentrations not in Conditions consistent

s y n t h e t i c to zero and at least e x c e s s

of

t h e with the achievement

pollutants

b e l o w t h e l i m i t s o f s t a n d a r d s s e t i n of the values specified

detection of the most accordance with the a b o v e

for

the

advanced analytical procedure detailed in b i o l o g i c a l q u a l i t y

techniques in general section 1.2.6 without elements.

use.

prejudice to Directive

91/414/EC

and

Directive 98/8/EC. (<

EQS)

Specific non- C o n c e n t r a t i o n s

Concentrations not in Conditions consistent

synthetic remain within the excess

of

t h e with the achievement

pollutants

range

n o r m a l l y s t a n d a r d s s e t i n of the values specified

associated

w i t h accordance with the a b o v e

for

the

undisturbed

procedure detailed in b i o l o g i c a l q u a l i t y

s e c t i o n 1 . 2 . 6 ( 1 ) elements.

conditions

(background levels = without prejudice to

bgl).

Directive 91/414/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 1 000

base set

One chronic NOEC (either fish or daphnia or a representative 100

organism for saline waters)

Two chronic NOECs from species representing two trophic levels 50

(fish and, or daphnia or a representative organism for saline waters

and, or algae)

Chronic NOECs from at least three species (normally fish, daphnia 10

or a representative organism for saline waters and algae)

representing three trophic levels

Other cases, including field data or model ecosystems, which allow Case-by-case

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

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

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

exp ert judgement. For biological or hyd romorphological 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

Other aquatic flora

3 years

Macro invertebrates

3 years

Fish

3 years

Hydromorphological

Continuity

6 years

Hydrology

continuous

1 month

Morphology

6 years

Physico-chemical

Thermal conditions

3 months

Oxygenation

3 months

Salinity

3 months

Nutrient status

3 months

Acidification status

3 months

Other pollutants

3 months

Priority substances

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

Wa t e r q u a l i t y - G u i d a n c e s t a n d a r d o n t h e

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

Wa t e r q u a l i t y - G u i d a n c e s t a n d a r d f o r t h e

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

Wa t e r q u a l i t y - G u i d a n c e s t a n d a r d f o r t h e

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

Wa t e r q u a l i t y - G u i d a n c e o n s a m p l i n g a n d

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

Wa t e r q u a l i t y - G u i d e l i n e s f o r q u a n t i t a t i v e

sampling and sample processing of marine soft-

bottom macro-fauna

Standards for fish

MSA EN 14962:2006

Wa t e r q u a l i t y - G u i d a n c e o n t h e s c o p e a n d

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

s e c o n d c o l u m n o f t h e t a b l e s e t ou t b e l o w t o r e f l e c t t h e e c o l o g i c a l s t a t u s

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 E q u a l g r e e n a n d l i g h t g r e y E q u a l g r e e n a n d d a r k g r e y

stripes

Moderate

E q u a l y e l l o w a n d l i g h t g r e y E qu a l y e ll o w and d a r k gr e y

stripes

Poor

E q u a l o r a n g e a n d l i g h t g r e y E qua l ora nge a nd d a rk gr e y

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

l e v e l c h a n g e s m a y o c c u r t e m p o r a r i l y, o r

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 gro un d wa ter b od ie s i d en ti fie d as b ei ng a t r is k of f ai li ng to achie ve

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

Good Status

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

env ironm ent al objectives specified un der regulatio n 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.

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

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

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 6 — WATER POLICY FRAMEWORK REGULATIONS Open official source

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Vi — WATER POLICY FRAMEWORK REGULATIONS Open official source

Amended by

XVII.2024.61.

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. 549.46);

the Sludge (Use in Agriculture) Regulations (S.L. 549.09);

Urban Waste Water Treatment Regulations (S.L. 549.22);

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

the Protection of Waters Against Pollution caused by Nitrates from Agricultural

Sources Regulations (S.L. 549.25);

the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44);

the Industrial Emissions (Framework) Regulations (S.L. 549.76);

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 Regulator for Energy and Water Services 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

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 7 Register of protected areas. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Vii — WATER POLICY FRAMEWORK REGULATIONS Open official source

WATER CATCHMENT MANAGEMENT PLANS

A.

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

surfa ce w at ers, grou nd wa ters a nd p rotec ted areas, including in pa rt icu la r

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 8 Waters used for the abstraction of drinking water. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1)

The competent authority shall identify

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

intended for human consumption providing more than

ten metres cubed a day as an average or serving more

than fifty persons; and

(b) those bodies of water intended for such future use.

The competent authority shall monitor, in accordance with

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Viii — WATER POLICY FRAMEWORK REGULATIONS Open official source

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).

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 9 Monitoring of surface water status, groundwater status and protected areas. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) The competent authority shall ensure the establishment

of programmes for the monitoring of water status in order to

establish a coherent and comprehensive overview of water status

within each water catchment district

(a) for surface waters such programmes shall cover

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

relevant for ecological and chemical status and

ecological potential, and

(ii) the ecological and chemical status and

ecological potential;

(b) for groundwaters such programmes shall cover

monitoring of the chemical and quantitative status;

(c) for protected areas the above programmes shall be

supplemented by those specifications contained in the

legislation under which the individual protected areas

have been established.

(2) These programmes shall be operational by the end of

November 2006 unless otherwise specified in the legislation

concerned. Such monitoring shall be in accordance with the

requirements of 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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Ix — WATER POLICY FRAMEWORK REGULATIONS Open official source

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. 549.10) 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. 549.13);

(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. 549.14);

(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. 549.39).

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

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. 549.76) 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 (2) AA-EQS (2) MAC-EQS MAC-EQS

No.

Name of substance

CAS

EQS

number (1)

(4)

Biota (12)

Inland

Other

surface

Inland

Other

waters (3)

waters

surface

(3)

waters

(1)

Alachlor

15972-60-8

0,3

0,7

(2)

Anthracene

120-12-7

0,1

(3)

Atrazine

1912-24-9

0,6

2,0

(4)

Benzene

71-43-2

(5)

Brominated

32534-81-9

0,14

0,014

0,0085

diphenylether (5)

(6)

Cadmium and its

7440-43-9

≤ 0,08 (Class

0,2

≤ 0,45

compounds

1),

(Class 1), (Class 1),

(depending on

0,08

0,45

0,45 (Class

water hardness

(Class 2),

2),

classes) (6)

0,09

0,6

(Class 3),

(Class 3), (Class 3),

0,15

0,9

(Class 4),

(Class 4), (Class 4),

0,25

1,5

(Class 5)

(6a)

Carbon-

56-23-5

not

tetrachloride (7)

applicable applicable

(7)

C10-13

85535-84-8

0,4

1,4

Chloroalkanes (8)

(8)

Chlorfenvinphos

470-90-6

0,1

0,3

(9)

Chlorpyrifos

2921-88-2

0,03

0,1

(Chlorpyrifos-

ethyl)

(9a)

Cyclodiene

∑ = 0,01

∑ = 0,005

not

pesticides

applicable applicable

Aldrin (7)

309-00-2

Dieldrin (7)

60-57-1

Endrin (7)

72-20-8

Isodrin (7)

465-73-6

DDT total (7) (9)

(9b)

not

0,025

not

applicable

applicable applicable

para-para-DDT (7)

50-29-3

0,01

not

applicable applicable

(10) 1,2-Dichloroethane

107-06-2

not

applicable applicable

(11)

Dichloromethane

75-09-2

not

applicable applicable

(12)

Di(2-ethylhexyl)-

117-81-7

1,3

not

phthalate (DEHP)

applicable applicable

(13)

Diuron

330-54-1

0,2

1,8

(14)

Endosulfan

115-29-7

0,005

0,01

0,004

(15)

Fluoranthene

206-44-0

0,0063

0,12

(16)

Hexachloro-

118-74-1

0,05

benzene

(17)

Hexachloro-

87-68-3

0,6

butadiene

(18)

Hexachloro-

608-73-1

0,02

0,002

0,04

0,02

cyclohexane

(19)

Isoproturon

34123-59-6

0,3

1,0

1,2 (13)

(20)

Lead and its

7439-92-1

1,3

compounds

(21)

Mercury and its

7439-97-6

0,07

compounds

(22)

Naphthalene

91-20-3

4 (13)

(23)

Nickel and its

7440-02-0

8,6

compounds

(24)

Nonylphenol (4-

84852-15-3

0,3

2,0

Nonylphenol)

(25)

Octylphenol ((4-

140-66-9

0,1

0,01

not

(1,1’,3,3’-

applicable applicable

tetramethylbutyl)-

phenol))

(26)

Pentachloro-

608-93-5

0,007

0,0007

not

benzene

applicable applicable

(27) Pentachloro-phenol

87-86-5

0,4

(28)

Polyaromatic

not

hydrocarbons

applicable

applicable applicable

(PAH) (11)

1,7 x 10 -4

Benzo(a)pyrene

50-32-8

0,27

0,027

Benzo(b)fluor-

205-99-2

See footnote

See

0,017

See

anthene

footnote 11

footnote

Benzo(k)fluor-

207-08-9

See footnote

See

0,017

See

anthene

footnote 11

footnote

8,2 x 10 -3

8,2 x 10 -4

Benzo(g,h,i)-

191-24-2

See footnote

See

footnote

perylene

footnote 11

Indeno(1,2,3-cd)-

193-39-5

See footnote

See

not

See

pyrene

footnote 11 applicable applicable

footnote

(29)

Simazine

122-34-9

127-18-4

not

Tetrachloro-

ethylene (7)

applicable applicable

Trichloro-

79-01-6

not

ethylene (7)

applicable applicable

(30)

Tributyltin

36643-28-4

0,0002

0,0015

compounds

(Tributhyltin-

cation)

(31) Trichloro-benzenes 12002-48-1

0,4

not

applicable applicable

(32)

Trichloro-methane

67-66-3

2,5

not

applicable applicable

(33)

Trifluralin

1582-09-8

0,03

not

applicable applicable

1,3x 10 -3

3,2x 10 -5

(34)

Dicofol

115-32-2

not

applicable applicable

(10)

6,5 x 10 -4

1,3 x 10 -4

(35)

Perfluorooctane

1763-23-1

7,2

9,1

sulfonic acid and

its derivatives

(PFOS)

(36)

Quinoxyfen

124495-18-7

0,15

0,015

2,7

0,54

(37)

Dioxins and

See footnote

not

Sum of

dioxin-like

10 in

applicable applicable PCDD+PC

compounds

Schedule X

DF+PCB-

DL 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

0,016

8 x 10 -5

8 x 10 -6

6 x 10 -4

6 x 10 -5

(41)

Cypermethrin

52315-07-8

-4

-5

-4

7 x 10 -5

(42)

Dichlorvos

62-73-7

6 x 10

7 x 10

(43)

Hexabromo-

See footnote

0,0016

0,0008

0,5

0,005

cyclododecane

12 in

(HBCDD)

Schedule X

2 x 10 -7

1 x 10 -8

3 x 10 -4

6,7 x 10 -3

(44)

Heptachlor and

76-44-8/

heptachlor epoxide

1024-57-3

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule X — WATER POLICY FRAMEWORK REGULATIONS Open official source

LIST OF PRIORITY SUBSTANCES IN THE FIELD OF WATER POLICY

EU number (2)

Name of priority substance (3)

Number

CAS

Identified as

number (1)

priority

hazardous

substance

(1)

15972-60-8

240-110-8

Alachlor

(2)

120-12-7

204-371-1

Anthracene

X

(3)

1912-24-9

217-617-8

Atrazine

(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

(8)

(25)

1806-26-4

217-302-5

Octylphenols

(26)

608-93-5

210-172-5

Pentachlorobenzene

X

(27)

87-86-5

231-152-8

Pentachlorophenol

Polyaromatic hydrocarbons (PAH) (7)

(28)

not applicable

X

(29)

122-34-9

204-535-2

Simazine

(30)

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

(35)

1763-23-1

217-179-8

Perfluorooctane sulfonic acid and its

X

derivatives (PFOS)

(36)

124495-18-7

not applicable

Quinoxyfen

X

X (9)

(37)

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

X (11)

(43)

not applicable

Hexabromo-cyclododecane (HBCDD)

(44)

76-44-8/

200-962-3/

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).’

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 11 The combined approach for point and diffuse sources. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) The competent authority shall ensure that all

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

controlled according to the combined approach set out in this

regulation.

(2) The competent authority shall ensure the establishment and,

or implementation of

(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 Prevention and Control)

Regulations, the Urban Waste Water Treatment

Regulations, the Protection of Waters against 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

s t r ic t e r con d it io ns t ha n t h os e w hi c h w ou ld r e s u l t f ro m t he

application of sub-regulation (2) more stringent emission controls

shall be set accordingly.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Schedule Xi — WATER POLICY FRAMEWORK REGULATIONS Open official source

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

pa ra m e t e r, o r i n t h e ab s e n c e o f m e t ho d o f an a l ys is m e e t in g t h e m in i m um

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.

Coming into effect of this schedule

The competent authority shall adhere to the technical specifications and

s t a n d a r d i s e d m e t h o d s f o r a n a l y s i s a n d m o n i t o r i n g o f w a t e r s t a t u s, a s pe r

requirements in this Schedule XI, at most within 7 years from the publication of

these regulations.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 12 Programme of measures. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) The competent authority shall establish a programme

of measures for each water catchment district, taking 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 Nov em ber 2 00 9 and al l the m easures sh all b e m ad e

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 13 Water catchment management plans. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) The competent authority shall ensure that a water

catchment management plan is produced for each water catchment

district.

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 14 Public information and consultation. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 15 Technical adaptations to the regulations. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 16 Actions that may be taken by the competent authority. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) Where the competent authority considers that the

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

activity authorised by the permit poses a previously unforeseen risk

to 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 permi t hold er fail s t o comp ly wit h a rem ed ial 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 Protection

Act or any regulation made thereunder.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 17 Offences. — WATER POLICY FRAMEWORK REGULATIONS Open official source

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 18 Penalties. — WATER POLICY FRAMEWORK REGULATIONS Open official source

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.

Laws of Malta — Subsidiary Legislation 549.100 — WATER POLICY FRAMEWORK REGULATIONS

Reg. 19 Applicability of the Criminal Code. — WATER POLICY FRAMEWORK REGULATIONS Open official source

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

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

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

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

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

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

Criminal Appeal from any judgement given by the Court of

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

of proceedings for any offence against these regulations.

WATER POLICY FRAMEWORK REGULATIONS

Table of Provisions (30)

Statutory Text (30 Articles)

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