L.S. 549.100 Regolamenti dwar Pjan ta’ Azzjoni fil-Qafas tal-Politika tal-Ilma

(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. Citation. Scope.

(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. 3.

(1)requires: In these regulations unless the context otherwise "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 Interpretation. 1 2 [ S.L.549.100 WATER POLICY FRAMEWORK 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; Kap.

1. Kap.
2. "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: WATER POLICY FRAMEWORK [ S.L.549.100 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; 3 4 [ S.L.549.100 WATER POLICY FRAMEWORK "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 WATER POLICY FRAMEWORK [ S.L.549.100 5 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. 4.

(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 Coordination of administrative arrangements within water catchment districts. 6 [ S.L.549.100 WATER POLICY FRAMEWORK 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. Environmental objectives. 5.

(1)In making operational the programmes of measures specified in the water catchment management plans (

1. a)for surface waters, without prejudice to any relevant international agreements: (
2. 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 subregulation

(4)and to the application of subregulations

(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); (

1. 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; (
2. b)for groundwater - WATER POLICY FRAMEWORK [ S.L.549.100 (
3. 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 subregulations

(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 subregulation

(4)and to the application of subregulations

(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 subregulations

(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: (

1. 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: (
2. i)the wider environment; (
3. 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; (
4. iv)water regulation, flood protection, land 7 8 [ S.L.549.100 WATER POLICY FRAMEWORK (
5. v)(
6. vi)drainage; other equally important sustainable human development activities; or 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: (

1. 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: (
2. i)the scale of improvements required can only be achieved in phases exceeding the timescale, for reasons of technical feasibility; (
3. 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; (
4. 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; (
5. 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; (
6. 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 WATER POLICY FRAMEWORK [ S.L.549.100 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: (

1. 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; (
2. b)the competent authority ensures (
3. 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, (
4. 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; (
5. c)no further deterioration occurs in the status of the affected body of water; and (
6. 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: (

1. 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; (
2. 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; (
3. 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; (
4. d)the effects of the circumstances that are exceptional or 9 10 [ S.L.549.100 WATER POLICY FRAMEWORK 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 (

1. e)a summary of the effects of the circumstances and of such measures taken or to be taken in accordance with paragraphs (
2. a)and (
3. 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: (

1. 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 (
2. 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: (
3. i)all practicable steps are taken to mitigate the adverse impact on the status of the body of water; (
4. 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 subregulation

(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. WATER POLICY FRAMEWORK [ S.L.549.100 11

(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: (

1. a)the exceedance was due to a source of pollution outside its national jurisdiction; (
2. b)it was unable as a result of such transboundary pollution to take effective measures to comply with the relevant EQS; (
3. 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). 6.

(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. Characteristics of the water catchment district, review of the environmental impact of human activity and 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. 7.

(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. Register of protected areas. 12 [ S.L.549.100 Waters used for the abstraction of drinking water. 8. WATER POLICY FRAMEWORK

(1)The competent authority shall identify: (

1. 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 (
2. 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. Monitoring of surface water status, groundwater status and protected areas. 9.

(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: (

1. a)for surface waters such programmes shall cover: (
2. i)the volume and level or rate of flow to the extent relevant for ecological and chemical status and ecological potential, and (
3. ii)the ecological and chemical status and ecological potential; (
4. b)for groundwaters such programmes shall cover monitoring of the chemical and quantitative status; (
5. 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. [ S.L.549.100 WATER POLICY FRAMEWORK 10.

(1)(

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. 13 Recovery of costs for water services. (
2. b)The competent authority shall ensure by 2010: (
3. 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, (
4. 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. (
5. 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 (
6. 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 subregulation

(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. 11.

(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: (

1. a)the emission controls based on best available The combined approach for point and diffuse sources. 14 [ S.L.549.100 WATER POLICY FRAMEWORK techniques, or S.L. 549.77 S.L. 549.22 S.L. 549.25 (
2. b)the relevant emission limit values, or (
3. 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. Programme of measures. 12.

(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: (

1. 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; (
2. b)measures deemed appropriate for the purposes of regulation 10; (
3. c)measures to promote an efficient and sustainable water use in order to avoid compromising the achievement of the objectives specified in regulation 5; (
4. 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; (
5. 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, [ S.L.549.100 WATER POLICY FRAMEWORK abstractions or impoundments which significant impact on water status; (
6. f)have no 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; (
7. 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; (
8. 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; (
9. 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; (
10. 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: (
11. 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 15 16 [ S.L.549.100 S.L. 549.68 WATER POLICY FRAMEWORK 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; (
12. 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; (
13. 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; (
14. 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; (

1. 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; (
2. 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; WATER POLICY FRAMEWORK (
3. l)[ S.L.549.100 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: (

1. a)the causes of the possible failure are investigated, (
2. b)relevant permits and authorisations are examined and reviewed as appropriate, (
3. c)the monitoring programmes are reviewed and adjusted as appropriate, and (
4. 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 subregulation

(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 17 18 [ S.L.549.100 WATER POLICY FRAMEWORK their establishment. Water catchment management plans. 13.

(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. Public information and consultation. 14.

(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: (

1. 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; (
2. 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; (
3. 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. Technical adaptations to the regulations. 15.

(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 WATER POLICY FRAMEWORK [ S.L.549.100 19 purpose of sub-regulation

(1)may be adopted in accordance with the procedures laid down in relevant legislation. 16.

(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: Actions that may be taken by the competent authority. (

1. a)alter the terms and conditions attached to the permit; (
2. 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; (
3. 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. 17. Any person shall be guilty of an offence under these Cap. 423. Cap. 549. Offences. 20 [ S.L.549.100 WATER POLICY FRAMEWORK regulations if; (

1. 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 (
2. b)he contravenes any restriction, prohibition or requirement imposed by or under these regulations; or (
3. c)he acts in contravention of any of the provisions of these regulations; or (
4. 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. Penalties. 18. Any person who commits an offence against these regulations shall, on conviction, be liable: (
5. 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); (
6. 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. Applicability of the Criminal Code. Cap. 9. Cap. 9. 19.

(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 WATER POLICY FRAMEWORK [ S.L.549.100 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. Cap. 9. 21 22 [ S.L.549.100 WATER POLICY FRAMEWORK SCHEDULE I INFORMATION REQUIRED FOR THE LIST OF COMPETENT AUTHORITIES The following information on the competent authority shall be included in the water catchment management plan: (

1. i)Name and address of the competent authority - the official name and address of the authority identified under regulation 4. (
2. 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. (
3. iv)Responsibilities - a description of the legal and administrative responsibilities of each competent authority and of its role within each water catchment district. (
4. 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. SCHEDULE II 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. (
5. 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. (
6. 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. (
7. 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. WATER POLICY FRAMEWORK [ S.L.549.100 23 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. (
8. 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. (
9. vi)The competent authority shall develop a map or maps (in a GIS format) of the geographical location of the types consistent with the degree of differentiation required under system A. 1.2 Ecoregions and surface water body types Watercourses System A Fixed typology Ecoregion Type Descriptors Italy, Corsica and Malta Altitude typology mid-altitude: 200 to 800 m lowland: <200 m Size typology based on catchment area small: 10 to 100 km 2 Geology calcareous System B Alternative characterisation Obligatory factors Optional factors Physical and chemical factors that determine the characteristics of the watercourse or part of the watercourse and hence the biological population structure and composition altitude latitude longitude geology size 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 24 [ S.L.549.100 WATER POLICY FRAMEWORK Lakes System A Fixed typology Ecoregion Type Descriptors Italy, Corsica and Malta Altitude typology mid-altitude: 200 to 800 m lowland: <200 m Depth typology based on mean depth <3 m 3 to 15 m >15 m Size typology based on surface area 0.5 to 1 km 2 1 to 10 km 2 Geology calcareous System B Alternative characterisation Optional factors Physical and chemical factors that determine the characteristics of the lake and hence the biological population structure and composition 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 Type Descriptors 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 WATER POLICY FRAMEWORK Obligatory factors Optional factors [ S.L.549.100 25 latitude longitude tidal range salinity depth current velocity wave exposure residence time mean water temperature mixing characteristics turbidity mean substratum composition shape water temperature range Coastal waters System A Fixed typology Ecoregion Type Descriptors Mediterranean Sea Based on mean annual salinity <0.5: freshwater 0.5 to <5: oligohaline 5 to <18: mesohaline 18 to <30: polyhaline 30 to <40: euhaline Based on mean depth shallow waters: <30 m intermediate: (30 to 200
10. 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 types Establishment of type-specific reference conditions for surface water body (
11. i)For each surface water body type characterised in accordance with section 1.1, type-specific hydromorphological and physicochemical conditions shall be 26 [ S.L.549.100 WATER POLICY FRAMEWORK 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. (
12. 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 (
13. i)and (
14. ii)and typespecific 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. (
15. 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). (
16. 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. (
17. 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: (
18. i)regulation 14 of the Urban Waste Water Treatment Regulations (S.L. 549.22) and programmes published subsequent to these regulations; (
19. ii)regulations 7, 8 and 18 of the Industrial Emissions (Integrated Pollution WATER POLICY FRAMEWORK [ S.L.549.100 27 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; (
20. 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: (
21. i)regulations 4, 6 and 7 of the Protection of Waters against Pollution caused by Nitrates from Agricultural Sources Regulations (S.L. 549.25); (
22. 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; (
23. 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 (
24. 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. (
25. b)The reference period for the estimation of pollutant values to be entered in the inventories referred to in point (
26. 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. (
27. 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 28 [ S.L.549.100 WATER POLICY FRAMEWORK 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. (

1. 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: (
2. i)(
3. ii)(iii) (
4. iv)2.2 diffuse sources of pollution point sources of pollution abstraction artificial recharge - the general character of the overlying strata in the catchment area from which the groundwater body receives its recharge, - those groundwater bodies for which there are directly dependent surface water ecosystems or terrestrial ecosystems. Further characterisation Following this initial characterisation, the competent authority shall carry out further characterisation of those groundwater bodies or groups of bodies which have been identified as being at risk in order to establish a more precise assessment of the significance of such risk and identification of any measures to be required under regulation 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, WATER POLICY FRAMEWORK 2.3 [ S.L.549.100 29 - 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 body: (
5. 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 m3 per day or serving less than 50 persons, (
6. ii)the annual average rates of abstraction from such points, (iii) the chemical composition of water abstracted from the groundwater body, (
7. iv)the location of points in the groundwater body into which water is directly discharged, (
8. v)the rates of discharge at such points, (
9. vi)the chemical composition of discharges to the groundwater body, and (vii) land use in the catchment or catchments from which the groundwater body receives its recharge, including pollutant inputs and anthropogenic alterations to the recharge characteristics such as rainwater and run-off diversion through land sealing, artificial recharge, damming or drainage. 2.4 Review of the impact of changes in groundwater levels The competent authority shall also identify those bodies of groundwater for which lower objectives are to be specified under regulation 5 including as a result of consideration of the effects of the status of the body on: 30 [ S.L.549.100 (
10. i)WATER POLICY FRAMEWORK surface water and associated terrestrial ecosystems (
11. 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. SCHEDULE III ECONOMIC ANALYSIS The economic analysis shall contain enough information in sufficient detail (taking account of the costs associated with collection of the relevant data) in order to: (
12. 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: (
13. i)estimates of the volume, prices and costs associated with water services, and (
14. ii)estimates of investments; relevant investment including forecasts of such (
15. 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. SCHEDULE IV PROTECTED AREAS 1. The register of protected areas required under regulation 6 shall include the following types of protected areas: (
16. i)areas designated for the abstraction of water intended for human consumption under regulation 8; (
17. 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; (
18. 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 WATER POLICY FRAMEWORK [ S.L.549.100 31 designated as sensitive areas under the Urban Waste Water Treatment Regulations (S.L. 549.22); and (
19. 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. SCHEDULE V 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 32 [ S.L.549.100 WATER POLICY FRAMEWORK 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 WATER POLICY FRAMEWORK [ S.L.549.100 33 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 34 [ S.L.549.100 WATER POLICY FRAMEWORK 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 WATER POLICY FRAMEWORK [ S.L.549.100 35 wave exposure Chemical and physico-chemical elements supporting the biological elements General Transparency Thermal conditions Oxygenation conditions Salinity Nutrient conditions Specific pollutants Pollution by all priority substances identified as being discharged into the body of water Pollution by other substances identified as being discharged in significant quantities into the body of water 1.1.5. Artificial and heavily modified surface water bodies The quality elements applicable to artificial and heavily modified surface water bodies shall be those applicable to whichever of the four natural surface water categories above most closely resembles the heavily modified or artificial water body concerned. 1.2 Normative definitions of ecological status classifications Table 1.2. General definition for watercourses, pools, transitional waters and coastal waters The following text provides a general definition of ecological quality. For the purposes of classification the values for the quality elements of ecological status for each surface water category are those given in tables 1.2.1 to 1.2.4 below. Element General High Status Good Status Moderate Status 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 deviate physico-chemical and type show low levels t y p e Hydromorphological of distortion resulting m o d e r a t e l y f r o m normally quality elements for from human activity, t h o s e 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 under normally associated normally associated t y p e with that type under with the surface water u n d i s t u r b e d The body type under conditions. undisturbed values show moderate undisturbed conditions. signs of distortion conditions. resulting from human activity and are significantly more disturbed than under conditions of good status. 36 [ S.L.549.100 WATER POLICY FRAMEWORK 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 typespecific 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 changes in the macrophytic and and composition 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 o f differs moderately nearly totally to abundance m a c r o p h y t i c a n d from the type-specific undisturbed phytobenthic taxa community and is conditions. 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 Moderate changes in macrophytic and the accelerated growth of t h e average average phytobenthic phytobenthos or macrophytic and the abundance. higher forms of plant average phytobenthic life resulting in abundance are undesirable evident. WATER POLICY FRAMEWORK [ S.L.549.100 37 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 result of sediment. anthropogenic The phytobenthic activities. community is not adversely affected by bacterial tufts and coats present due to anthropogenic activity. Benthic 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 of 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 fauna 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 of differ moderately totally or nearly abundance totally to undisturbed invertebrate taxa from from the type-specific t h e t y p e s p e c i f i c communities. conditions. communities. Major taxonomic The ratio of ratio o f groups of the typedisturbance sensitive T h e 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 alteration from type undisturbed levels. disturbance-sensitive specific levels. taxa to insensitive The level of diversity of invertebrate taxa The level of diversity taxa, and the level of are 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, 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 alteration from type- than the type-specific undisturbed levels. level and significantly specific levels. lower than for good status. Hydromorphological quality elements Element 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 regime 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 for the for the above connection to above 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 elements. t o t a l l y, o r n e a r l y elements t ot a l ly, un di s t ur b e d conditions. 38 [ S.L.549.100 WATER POLICY FRAMEWORK Watercourse The continuity of the Conditions consistent Conditions consistent continuity 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 for the above for the above anthropogenic 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 elements undisturbed migration 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 for the for the above velocities, substrate a b o v e 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 elements t h e s t r u c t u r e a n d elements condition of the riparian zones correspond totally or nearly totally to undisturbed conditions. Physico-chemical quality elements

(1)Element General conditions 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 for the t o t al l y o r n e a rl y and salinity do not a b o v e 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 specific norm ally associated t y p e with undisturbed ecosystem and the achievement of the conditions. 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 exceed the levels anthropogenic 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 values specified above undisturbed for the biological conditions. quality elements. [ S.L.549.100 WATER POLICY FRAMEWORK 39 Concentrations close Concentrations not in Conditions consistent of t h e with the achievement to zero and at least e x c e s s 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 for the detection of the most accordance with the a b o v e 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. prejudice to Directive use. 91/414/EC and Directive 98/8/EC. (< EQS) Specific non- Concentrations remain Concentrations not in Conditions consistent of t h e with the achievement synthetic within the range excess pollutants 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 procedure detailed in b i o l o g i c a l q u a l i t y conditions (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) Specific synthetic pollutants

(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 Element 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 t a x a c o m p a r e d t o t h e of planktonic phytoplankton taxa differ corresponds totally or t y p e - s p e c i f i c nearly totally to communities. Such moderately undisturbed conditions. changes do not indicate from the typeany 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 typeto the balance of moderately specific physicoorganisms present in the disturbed and chemical conditions and waterbody or to the may be such is not such as to physico-chemical quality as to produce significantly alter the 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 other planktonic blooms may o f biological occur. quality 40 [ S.L.549.100 WATER POLICY FRAMEWORK Planktonic blooms occur at a frequency and intensity which is consistent with the type specific physicochemical conditions. e l e m e nt s an d the physicochemical quality of the water or 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 of of phytobenthos totally or nearly totally a b u n d a n c e and macrophytic to undisturbed macrophytic phytobenthic taxa and conditions. 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 typeaverage 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 is life resulting in and 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 the adversely affected by a n d bacterial tufts and coats a v e r a g e present due t o phytobenthic abundance are anthropogenic activity. evident. WATER POLICY FRAMEWORK [ S.L.549.100 41 The phytobenthic community may be interfered with and, in some areas, displaced by bacterial tufts and coats present as a result of anthropogenic activities. Benthic 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 o f and abundance fauna abundance correspond a b u n d a n c e totally or nearly totally invertebrate taxa from of invertebrate type specific taxa differ to undisturbed the moderately communities. conditions. from the typeThe ratio of disturbance The ratio of disturbancespecific taxa to sensitive taxa to sensitive 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 taxonomic types pecific levels. undisturbed levels. 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. from type-specific levels. undisturbed levels. The ratio of disturbancesensitive 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. 42 [ S.L.549.100 WATER POLICY FRAMEWORK Hydromorphological quality elements Element 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 regime 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 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 to groundwater reflect above for the biological a c h i e v e m e n t o f th e v a l u e s totally, or nearly totally, quality elements. specified undisturbed conditions. 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 conditions quantity and structure of with the achievement of c o n s i s t e n t the 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 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 o f th e v a l u e s c o n d i t i o n o f t h e p o o l quality elements specified shore zone correspond above for the totally or nearly totally biological to undisturbed quality conditions. elements Physico-chemical quality elements

(1)Element General conditions 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 for the t otally or near ly and salinity do not a b o v e 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. WATER POLICY FRAMEWORK [ S.L.549.100 43 Concentrations close Concentrations not in Conditions consistent of t h e with the achievement to zero and at least e x c e s s 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 for the detection of the most accordance with the a b o v e 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. prejudice to Directive use. 91/414/EC and Directive 98/8/EC. (< EQS) Specific non- Concentrations remain Concentrations not in Conditions consistent of t h e with the achievement synthetic within the range excess pollutants 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 procedure detailed in b i o l o g i c a l q u a l i t y conditions (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) Specific synthetic pollutants

(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 waters Biological quality elements Element 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 of ton composition and changes in the abundance abundance o f c o m p o s i t i o n a n d planktonic taxa differ o f moderately from the phytoplankton are abundance type-specific consistent w i t h planktonic taxa. communities. undisturbed There are slight conditions. is changes in biomass B i o m a s s The a v e r a g e compared to the type- moderately disturbed specific conditions. and may be such as to phytoplankton biomass is consistent Such changes do not produce a significant any undesirable with the type-specific i n d i c a t e 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 biological quality such as to undesirable significantly alter the d i s t u r b a n c e t o t h e elements. balance of organisms type-specific A moderate increase present in the water in the frequency and transparency body or to the intensity conditions. of physico-chemical planktonic blooms quality of the water or may occur. Persistent sediment. blooms may occur during months. summer 44 [ S.L.549.100 WATER POLICY FRAMEWORK 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 taxa macroalgal taxa is changes in the macroalgal consistent w i t h c o m p o s i t i o n a n d differs moderately abundance o f from the type-specific undisturbed macroalgal taxa conditions and is conditions. 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 Moderate changes in to anthropogenic accelerated growth of t h e average activities. 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 c h a n g e s i n t h e the angiosperm taxa composition o f differs moderately corresponds totally or c o m p o s i t i o n 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 compared to the type- c o m m u n i t i e s a n d i s undisturbed specific communities. s i g n i f i c a n t l y m o r e conditions. 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 distortions in the t o a n t h r o p o g e n i c disturbance. abundance of activities. angiosperm taxa. Benthic 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 fauna 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. conditions. 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 are present. undisturbed taxa of the typeconditions are specific communities present. are absent. WATER POLICY FRAMEWORK Fish fauna [ S.L.549.100 45 moderate Species composition The abundance of the A 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 s i g n s o f d i s t o r t i o n disturbance-sensitive undisturbed f r o m t y p e - s p e c i f i c species are absent as a conditions. result of conditions attributable to anthropogenic impacts on physicoanthropogenic or impacts on physico- c h e m i c a l chemical o r hydromorphological hydromorphological quality elements. quality elements. Hydromorphological quality elements Element 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 for the above for the above undisturbed biological quality biological quality conditions. elements. 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 for the for the above and condition of the a b o v e 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 elements correspond totally or elements nearly totally to undisturbed conditions. Physico-chemical quality elements

(1)Element General conditions High Status Good Status Moderate Status T h e v a l u e s o f t h e Temperature, oxygen Conditions consistent a n d with the achievement physico-chemical conditions elements correspond transparency do not of the values specified for the t o t a l l y o r n e a r l y reach levels outside a b o v e totally to undisturbed the range established b i o l o g i c a l q u a l i t y s o a s t o e n s u r e t h e elements. conditions. 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. 46 [ S.L.549.100 WATER POLICY FRAMEWORK 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 of the ecosystem and anthropogenic 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 for the range normally above associated with biological quality elements. undisturbed conditions. Specific Concentrations close Concentrations not in Conditions consistent of t h e with the achievement s y n t h e t i c to zero and at least e x c e s s 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 for the detection of the most accordance with the a b o v e 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. prejudice to Directive use. 91/414/EC and Directive 98/8/EC. (< EQS) Concentrations not in Conditions consistent Specific non- C o n c e n t r a t i o n s of t h e with the achievement synthetic remain within the excess 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 procedure detailed in b i o l o g i c a l q u a l i t y undisturbed 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 Element 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 of of abundance ton abundance of abundance 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 disturbance. disturbance. undisturbed conditions. WATER POLICY FRAMEWORK [ S.L.549.100 47 The average There are slight Algal biomass is c h a n g e s i n b i o m a s s substantially outside phytoplankton 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 any such as to impact conditions and is not i n d i c a t e 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. undesirable type-specific A moderate increase disturbance to the transparency in the frequency and balance of organisms intensity of planktonic conditions. present in the water b l o o m s m a y o c c u r. Planktonic blooms body or to the Persistent blooms may occur at a frequency 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 physicochemical 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 and 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 w i t h and angiosperm taxa associated with associated associated with undisturbed undisturbed conditions are present. conditions are present. u n d i s t u r b e d conditions are absent. level of The levels of The macroalgal cover and macroalgal cover and Macroalgal cover and angiosperm angiosperm angiosperm is show abundance abundance are abundance 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 disturbance. undisturbed result in an conditions. undesirable disturbance to the balance of organisms present in the water body. Benthic 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 fauna 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. conditions. 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 typeconditions are present. specific communities are absent. 48 [ S.L.549.100 WATER POLICY FRAMEWORK Hydromorphological quality elements Element 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 for the for the above currents correspond a b o v e totally or nearly biological quality biological quality elements. totally to undisturbed elements. conditions. Morphologi- The depth variation, Conditions consistent Conditions consistent cal structure and substrate with the achievement with the achievement conditions of the coastal bed, and of the values specified of the values specified for the for the above both the structure and a b o v e 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 elements tidal zones correspond elements totally or nearly totally to undisturbed conditions. Physico-chemical quality elements

(1)Element General conditions High Status Good Status Moderate Status T h e v a l u e s o f t h e Temperature, oxygen Conditions consistent a n d with the achievement physico-chemical conditions elements correspond transparency do not of the values specified for the t o t a l l y o r n e a r l y reach levels outside a b o v e totally to undisturbed the range established b i o l o g i c a l q u a l i t y s o a s t o e n s u r e t h e elements. conditions. 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. WATER POLICY FRAMEWORK [ S.L.549.100 49 Concentrations close Concentrations not in Conditions consistent of t h e with the achievement to zero and at least e x c e s s 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 for the detection of the most accordance with the a b o v e 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. prejudice to Directive use. 91/414/EC and Directive 98/8/EC. (< EQS) Concentrations not in Conditions consistent Specific non- C o n c e n t r a t i o n s of t h e with the achievement synthetic remain within the excess 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 procedure detailed in b i o l o g i c a l q u a l i t y undisturbed 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) Specific synthetic pollutants

(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 Element Maximum Ecological Good Ecological Moderate Ecological Potential Potential 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 quality 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 elements 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 potential. s u r f a c e w a t e r b o d y 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. 50 [ S.L.549.100 Hydro morphological elements WATER POLICY FRAMEWORK Conditions consistent Conditions consistent The hydromorphological with the achievement with the achievement conditions a r e of the values specified of the values specified for the for the above consistent with the a b o v e 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 elements s u r f a c e w a t e r b o d y 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 Element General conditions Maximum Ecological Good Ecological Moderate Ecological Potential Potential 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 for the totally to undisturbed the ranges established a b o v e 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 for the modified body above biological quality concerned. 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 ensure the functioning conditions. 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. WATER POLICY FRAMEWORK [ S.L.549.100 51 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 of t h e with the achievement s y n t h e t i c to zero and at least e x c e s s 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 for the detection of the most accordance with the a b o v e 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. prejudice to Directive use. 91/414/EC and Directive 98/8/EC. (< EQS) Concentrations not in Conditions consistent Specific non- C o n c e n t r a t i o n s of t h e with the achievement synthetic remain within the excess 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 procedure detailed in b i o l o g i c a l q u a l i t y undisturbed 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: (

1. i)The competent authority shall set appropriate safety factors in each case 52 [ S.L.549.100 WATER POLICY FRAMEWORK 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 (
2. 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 derivat