Home → Updates → Legal → European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2022
European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2022
Jurisdiction: Republic of Ireland
Commencement: 17th June 2022
Amends: European Communities Environmental Objectives (Surface Waters) Regulations 2009
Mini Summary
The European Communities Environmental Objectives (Surface Waters) Regulations 2009 give effect to Directive 2008/105/EC on environmental quality standards regarding water policy, Directive 2000/60/EC which provides for a framework for action on water policy in the European Community and Directive 2006/11/EC on pollution caused by dangerous substances discharged into the aquatic environment.
The Regulations are applicable to all surface waters and provide for the following:
- Legally binding quality objectives concerning all surface waters and establishes environmental quality standards for pollutants;
- Examination and review of current discharge authorisations by public authorities to ensure they comply with new water quality objectives and standards relating to emission limits;
- Classification by the Environmental Protection Agency of surface water bodies;
- The Environmental Protection Agency may set up inventories of priority substances;
- Local authorities may work collaboratively with other local authorities and the Environmental Protection Agency to make pollution reduction plans concerning priority substances and phase out emissions and discharges of priority hazardous substances.
The Regulations revoke the Local Government (Water Pollution Act 1977) (Water Quality Standards for Phosphorus) Regulations 1998 (SI 258/1998) RWAT4 and the Water Quality (Dangerous Substances) Regulations 2001 (SI 12/2001) RWAT6.
Amendment
The definition of ecological status is amended to mean the quality and functioning of aquatic (surface water) ecosystems.
A series of definitions are added.
- Poor water quality refers to water bodies in which the biological communities differ substantially from ecosystems with pristine or undisturbed ecological status.
- Bad water quality refers to water bodies in which large portions of the expected biological communities are absent.
References to Table 4A in Schedule 4 are replaced with references to section 1.2 of Annex V of the Water Framework Directive.
Minor technical changes are made to Article 32.
Monitoring the ecological and chemical status of water bodies
Part IVA sets out the procedure for setting chemical, water quality, sediment and biota* standards for:
- rivers;
- lakes;
- transitional waters; and
- coastal waters.
*Biota means the animal and plant diversity of a particular region.
These standards must:
- be peer reviewed and subjected to public consultation;
- conform to international standards; and
- be of an equivalent scientific quality to national and international standards.
Surface water monitoring network
The Environmental Protection Agency (EPA) must establish and maintain a surface water monitoring network* for the following taxa**.
- Algae.
- Daphnia or representative organisms in saline waters.
- Fish.
*A surface water monitoring network consists of a surveillance monitoring programme, an operational monitoring programme and a programme of investigative monitoring.
**Taxa refers to a group of organisms or species that are genetically similar.
This monitoring network must:
- obtain acute and chronic data for each taxa;
- provide a comprehensive overview of the ecological status of the water body in question; and
- be outlined in the appropriate river basin management plan.
Presenting monitoring results
Estimates for the level of confidence and precision of the results obtained must be set out in the river basin management plan.
Results must be formatted in accordance with Tables 1 and 2 in Schedule 3.
The EPA must indicate whether failure to achieve good ecological status is the result of noncompliance with environmental quality standards.
There are no duties for organisations.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
These summaries (The Compliance People Materials) are provided free of charge as an example of the Legislation Update Service’s content. They are not intended to constitute legal advice for any specific situation. The Compliance People Materials are general and educational in nature and may not apply to the specific facts and circumstances of individual cases. The Compliance People does not accept any responsibility for action taken by you or any User as a result of any The Compliance People Materials provided by us. You should take specific legal advice when dealing with specific situations.