(1) Subject to paragraph (3), the Secretary of State may designate an area of coastal or transitional water which is in the Solway Tweed River Basin District and which is wholly in England as a shellfish water protected area by including it in the relevant list.

(2) The relevant list for the purposes of sub-paragraph (1) is the list entitled “Shellfish Waters (Solway Tweed) (England) 2016” dated 8th February 2016.

(3) An area of coastal or transitional water may not be included in the relevant list unless the Secretary of State considers that to do so is necessary or desirable to protect or develop economically significant shellfish production.

(4) The Secretary of State may from time to time review each designation made under sub-paragraph (1).

(5) The first review under this paragraph must be completed by 22ndDecember 2021 and afterwards reviews must be completed at intervals not exceeding 6 years.

(6) The Agency must ensure that the relevant list is published on its website and made available to the public at its principal offices.

Register of protected areas

Monitoring

Environmental objectives and programme of measures

Further programmes of measures in relation to certain priority substances

6A

(1) The Agencies must, by 22nd December 2018, establish a preliminary programme of measures for the Solway Tweed River Basin District in relation to substances 34 to 45 in the table of priority substances.

(2) For the purposes of the programme of measures to be updated under paragraph 6(5)(a)(iii) by 22nd December 2021, the Agencies must, by such date as the Ministers direct, prepare and submit to the Ministers proposals for a final programme of measures, with the aim of achieving good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(3) Paragraph 6(2) applies to the preparation by the Agencies of its proposals under sub-paragraph (2) as it does to proposals under paragraph 6(1).

(4) Without prejudice to the existing obligations, the Ministers must ensure that, for the Solway Tweed River Basin District, the programme of measures updated under paragraph 6(5)(a)(iii) by 22nd December 2021 contains measures with the aim of achieving good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd December 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances.

(5) Paragraph 6(3) and (4) apply in relation to proposals for a programme of measures submitted to the Ministers under sub-paragraph (2) as they do to proposals submitted under paragraph 6(1).

(6) The Ministers must ensure that the measures referred to in sub-paragraph (4) are made operational as soon as possible after 22nd December 2021, and at the latest by 22nd December 2024.

River basin management plan

River basin management plan: public participation

River basin management plan: submission for approval

River basin management plan: approval

River basin management plan: review

Supplementary plans

Duty of the Secretary of State, the Agency and each public body to have regard to the river basin management plan and any supplementary plan

Publication of information

Coordination

14A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information and assistance to the Agency and Secretary of State

Directions and guidance to public bodies by the Secretary of State

6A

The Land Drainage Act 1991.

2A

Section 5A (shellfish water protected areas) shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by regulation 5.

SCHEDULE 5 — Modification of directives

PART 1 — Modifications of the Water Framework Directive

1

A reference to the Directive, or to any provision of it, is to be read in accordance with this Part.

2

When interpreting the Directive for the purposes of these Regulations—

(a) a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of the Solway Tweed River Basin District;

(b) in sub-paragraph (a), “relevant authority” means—

(i) the Ministers;

(ii) the Agencies;

(iii) any other public body with functions under these Regulations;

(c) a reference to Article 13 of the Directive is to be read as a reference to Article 13 except in so far as it gives rise to any obligation under Article 15 of the Directive;

(d) any reference to Community legislation (other than a reference to existing Community legislation) is to be read as if it were a reference to assimilated law;

(e) any reference to existing Community legislation or existing legislation is to be read as if it were a reference to Community legislation which was in force prior to 23rdOctober 2000;

(f) the Directive is to be read as if the following modifications were made to it.

3

Article 2 (24) is to be read as if, for the words from “in Annex IX” to the end, there were substituted “ by the table of priority substances, and under relevant assimilated law which sets environmental quality standards ”.

4

Article 4 is to be read as if—

(a) in paragraph 1—

(i) in point (a)(iv), for “Article 16(1) and (8)” there were substituted “ the EQS Directive ”;

(ii) in point (b)(iii), for “paragraphs 2, 4 and 5 of Article 17” there were substituted “ the Groundwater Directive ”;

(b) in paragraph 8, the reference to other Community environmental legislation were a reference to assimilated law relating to the environment.

5

Article 7 (2) is to be read as if—

(a) for “at Community level under Article 16” there were substituted “ by assimilated law which implemented the EQS Directive ”;

(b) for “Directive 80/778/EEC as amended by Directive 98/83/EC” there were substituted “ assimilated law which implemented Directive 98/83/EC on the quality of water intended for human consumption ”.

6

Article 11 (3) is to be read as if—

(a) in subparagraph (a), for the words from “to implement” to the end, there were substituted “ under assimilated law for the protection of water ”;

(b) in subparagraph (j), in the fourth indent, for the words from “Directive 2009/31/EC” to the end there were substituted “ Chapter 3 of Part 1 of the Energy Act 2008 and other assimilated law which transposed Directive 2009/31/EC on the geological storage of carbon dioxide ”;

(i) the words “in accordance with action taken pursuant to Article 16,” were omitted;

(ii) for “agreed pursuant to Article 16(2)” there were substituted “ in Annex 10 ”.

8

Article 24 is to be ignored.

11

Annex 1 is to be ignored.

12

Annex 2 is to be read as if—

(a) in section 1.1, paragraph (vi) were omitted;

(b) in section 1.4—

(i) in the second paragraph—

(aa) after “gathered under” there were inserted “ the assimilated law which implemented ”;

(bb) in sub-paragraph (ii), the reference to information gathered under Articles 9 and 15 of Directive 96/61/EC were a reference to relevant information gathered under the assimilated law which transposed Articles 5(3), 14 and 24 of Directive 2010/75/EC on industrial emissions ;

(ii) in the third paragraph—

(aa) after “gathered under” there were inserted “ the assimilated law which implemented ”;

(bb) in sub-paragraph (iii), the reference to Directive 98/8/EC were a reference to Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products.

13

Annex 4 is to be read as if—

(a) in paragraph 1—

(i) in subparagraph (iii), for “Directive 76/160/EEC” there were substituted “ assimilated law which transposed Directive 2006/7/EC concerning the management of bathing water quality ”;

(ii) in subparagraph (iv), after “under” (in both places it occurs) there were inserted “ assimilated law which transposed ”;

(iii) in subparagraph (v), for “Directive 79/409/EEC” there were substituted “ assimilated law which transposed Directive 2009/147/EC on the conservation of wild birds ”;

(b) in paragraph 2, the words “Community, local or national” were omitted.

14

Annex 5 is to be read as if—

(a) references in tables 1.2.1 to 1.2.5 to Directive 91/414/EC, in each place they occur, were references to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market;

(b) references in tables 1.2.1 to 1.2.5 to Directive 98/8/EC, in each place they occur, were references to Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products;

(c) in section 1.3.1, in the paragraph headed “Selection of monitoring points”, the fourth indent (referring to “the Information Exchange Decision 77/795/EEC”) were omitted;

(d) in section 1.3.5, the reference to the Drinking Water Directive were a reference to assimilated law which transposed Directive 98/83/EC on the quality of water intended for human consumption;

(e) in section 1.4.1—

(i) in point (iii), for the words from “shall be established” to the end there were substituted “ is as set out in Commission Decision 2018/229 establishing, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise ”;

(ii) points (iv) to (ix) were omitted;

(f) in section 1.4.3, for the words “Annex IX, Article 16 and under other relevant Community legislation” there were substituted “ Annex 1 to the EQS Directive and under relevant assimilated law ”;

(g) in the table in section 2.3.2, in the column for “good status”, for “other relevant Community legislation in accordance with Article 17” there were substituted “ the Groundwater Directive ”;

(h) in section 2.4.5, the words “Without prejudice to the Directives concerned,” were omitted.

15

Annex 6 is to be read as if Part A were omitted.

16

Annex 7 is to be read as if, in Part A—

(a) in point 7.1, for “to implement Community legislation” there were substituted “ under assimilated law ”;

(b) point 10 were omitted.

PART 2 — Modifications of the Groundwater Directive

17

A reference to the Groundwater Directive, or to any provision of it, is to be read in accordance with this Part.

18

When interpreting the Groundwater Directive for the purposes of these Regulations—

(a) a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of the Solway Tweed River Basin District;

(b) in sub-paragraph (a), “relevant authority” means—

(i) the Ministers;

(ii) the Agencies;

(iii) any other public body with functions under these Regulations;

(d) the Groundwater Directive is to be read as if the following modifications were made to it.

19

Article 3 is to be read as if—

(a) paragraphs 3 and 4 were omitted;

(b) in paragraph 5, for “submitted” there were substituted “ produced ”.

20

Article 5 is to be read as if, in each of paragraphs 4 and 5, for “submitted” there were substituted “ produced ”.

21

Article 6 (4) is to be read as if the words after “paragraph 3” were omitted.

22

Article 12 is to be ignored.

23

Annex 1 is to be read as if—

(a) in footnote 1 to the table in point 1, for “Article 2 of Directive 91/414/EEC and in Article 2 of Directive 98/8/EC” there were substituted “ Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and Article 3 of Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”;

(b) in point 2, for “Directive 91/414/EEC or Directive 98/8/EC” there were substituted “ Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market or Regulation (EC) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”.

24

Annex 2 is to be read as if, in Part C—

(a) for “submitted” there were substituted “ produced ”;

(b) in point (c)(iii), for “at national, Union or” there were substituted “ in assimilated law or other national legislation, or at ”.

PART 3 — Modifications of the Environmental Quality Standards Directive

25

A reference to the EQS Directive, or to any provision of it, is to be read in accordance with this Part.

26

When interpreting the EQS Directive for the purposes of these Regulations—

(a) a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of the Solway Tweed River Basin District;

(b) in sub-paragraph (a), “relevant authority” means—

(i) the Ministers;

(ii) the Agencies;

(iii) any other public body with functions under these Regulations;

27

Article 3 is to be read as if—

(a) each reference to a provision of Commission Directive 2009/90/EC 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 status were modified in accordance with paragraph 26(a);

(b) paragraph 5a were omitted.

28

Article 4 is to be read as if—

(a) in paragraph 2(b), the words from “, such as” to the end were omitted;

(b) in paragraph 3(b), the reference to Community law were a reference to assimilated law.

29

Article 5 is to be read as if—

(a) references to Directive 91/414/EEC were references to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market;

(b) paragraph 3 were omitted.

30

The following Articles are to be ignored—

(a) Article 6(1)(c) and (2);

(b) Article 7a;

(d) Article 8b(4);

(e) Article 8c;

(f) Article 13.

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