Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” 12th of March, 2019.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2013/39 EU¹ of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy; Commission Implementing Decision (EU) 2018/229² of 12 February 2018 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 and repealing Commission Decision 2013/480/EU, and Commission Implementing Decision (EU) 2018/840³ of 5 June 2018 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council and repealing Commission Implementing Decision (EU) 2015/495, hereby make the following Regulations:

1. These Regulations may be cited as the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2019.

2. In these Regulations –

“the 2009 Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No 272 of 2009 );

“the 2015 Regulations” means the European Union Environmental Objectives (Surface Waters (Amendment) Regulations) 2015 ( S.I. No. 386 of 2015 ).

3. The 2009 Regulations are amended in Schedule 5 by the substitution of the following Tables for Tables 8 and 9:

“Table 8 – Biological quality elements

RIVERS (All types)

Note: ^*To be used only in rivers with alkalinity less than 150mg/l CaCO³

LAKES

(1) Phytoplankton biomass can be used with caution for assessing lake ecological and trophic status when zebra mussels are present

(2) Type 1: Low altitude, low alkalinity, shallow and small lakes

Type 2: Low altitude, low alkalinity, shallow and large lakes

Type 3: Low altitude, low alkalinity, deep and small lakes

Type 4: Low altitude, low alkalinity, deep and large lakes

Type 5: Low altitude, moderate alkalinity, shallow and small lakes

Type 6: Low altitude, moderate alkalinity, shallow and large lakes

Type 7: Low altitude, moderate alkalinity, deep and small lakes

Type 8: Low altitude, moderate alkalinity, deep and large lakes

Type 9: Low altitude, high alkalinity, shallow and small lakes

Type 10: Low altitude, high alkalinity, shallow and large lakes

Type 11: Low altitude, high alkalinity, deep and small lakes

Type 12: Low altitude, high alkalinity, deep and large lakes

Type 13: Lakes >200m altitude

Where

Low altitude: ≤200m

High altitude: >200m

Low alkalinity lakes: ≤20 mg/l CaCO₃

Moderate alkalinity lakes: 20-100 mg/l CaCO₃

High alkalinity lakes: ≥ 100 mg/l CaCO₃

Shallow lakes: <4 metres mean depth

Deep lakes: ≥4 metres mean depth

Small lakes: <50 hectares

Large lakes: ≥50 hectares

(3) Specific to the Phytobenthos BQE

Low alkalinity lakes <10 mg/l CaCO₃

Moderate alkalinity lakes 10-50 mg/l CaCO₃

High alkalinity lakes >50 mg/l CaCO₃

COASTAL WATERS (All types with the exception of coastal water lagoons)

(1) Growing season March to September

TRANSITIONAL WATERS (All types with the exception of transitional water lagoons)

(2) Growing season March to September

Table 9

Physico-chemical conditions supporting the biological elements

PART A: General conditions

THERMAL CONDITIONS

OXYGENATION CONDITIONS (BIOCHEMICAL OXYGEN DEMAND)

OXYGENATION CONDITIONS CONTINUED (DISSOLVED OXYGEN)

ACIDIFICATION STATUS

(1) psu: The Practical Salinity Unit defines salinity in terms of a conductivity ratio of a sample to that of a solution of 32.4356g of KCL at 15°C in 1kg of solution. A sample of seawater at 15°C with a conductivity equal to this KCL solution has a salinity of exactly 35 practical salinity units.

(2) Linear interpolation to be used to establish the limit value for water bodies between these salinity levels based on the median salinity of the water body being assessed.

(3) Water hardness 100 mg/1 CaCO₃

(4) Water hardness > 100 mg/1 CaCO₃

NUTRIENT CONDITIONS

4. The 2009 Regulations are amended in Schedule 6 by the substitution of the following Table for Table 12 as inserted by the 2015 Regulations:

“Table 12

The environmental quality standards (EQS) for priority hazardous substances to apply for the purpose of assigning chemical status

PRIORITY HAZARDOUS SUBSTANCES

AA: annual average¹

MAC: maximum allowable concentration

Unit: [μg/l]

[μg/kg wet weight] for column (8)

(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.

(2) This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.

(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.

(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (EQS-MAC). Where the MAC-EQS are marked as “not applicable”, the AA EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.

(5) Unless otherwise indicated, the biota EQS relate to fish. An alternative biota taxon, or another matrix, may be monitored instead, as long as the EQS applied provides an equivalent level of protection. For PAHs, the biota EQS refers to crustaceans and molluscs. For the purpose of assessing chemical status, monitoring of PAHs in fish is not appropriate. For Dioxins and dioxin-like compounds, the biota EQS relates to fish, crustaceans and molluscs, in line with section 5.3 of the Annex to Commission Regulation (EU) No. 1259/2011 of 2 December 2011 amending Regulation (EC) No. 1881/2006 as regards maximum levels for dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs (O.J. L 320, 3.12.2011, p. 18)

(6) The EQS for this substance shall take effect from 22 December 2015, with the aim of achieving good surface water chemical status in relation to these substances by 22 December 2021 by means of programmes of measures included in updates of river basin management plans produced in accordance with Article 13 of the 2003 Regulations.

(7) For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.

(8) For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: <40 mg CaCO₃/l, Class 2: 40 to <50 mg CaCO₃/l, Class 3: 50 to <100 mg CaCO₃/l, Class 4: 100 to <200 mg CaCO₃/l and Class 5: 200 mg CaCO₃/l).

(9) No indicative parameter is provided for this group of substances. The indicative parameter(s) must be defined through the analytical method.

(10) For the group of priority substances of polyaromatic hydrocarbons (PAH), the biota EQS and corresponding AA-EQS in water refer to the concentration of benzo(a)pyrene, on the toxicity of which they are based. Benzo(a)pyrene can be considered as a marker for the other PAHs, hence only benzo(a)pyrene needs to be monitored for comparison with the biota EQS or the corresponding AA- EQS in water.

(11) The EQS for this substance shall take effect from 22 December 2018, with the aim of achieving good surface water chemical status in relation to this substance by 22 December 2027 and preventing deterioration in the chemical status of surface water bodies in relation to this substance.

(12) There is insufficient information available to set a MAC-EQS for these substances.

(13) PCDD: Polychlorinated dibenzo-p-dioxins; PCDF: polychlorinated dibenzofurans; PCB-DL: dioxin-like polychlorinated biphynels; TEQ: toxic equivalents according to the World Health Organisation 2005 Toxic Equivalent Factors.”

5. The 2009 Regulations are amended in Schedule 6 by the substitution of the following Table for Table 13 as inserted by the 2015 Regulations:

“Table 13

Watch list of substances for Union-wide monitoring as set out in Article 8b of Directive 2008/105/EC

(1) Chemical Abstracts Service.

(2) European Union number – not available for all substances.

(3) To ensure comparability of results from different Member States, all substances shall be monitored in whole water samples.

(4) Extraction methods:

LLE – liquid liquid extraction

SPE – solid-phase extraction

Analytical methods:

GC-MS – Gas chromatography-mass spectrometry.

LC-MS-MS – liquid chromatography (tandem) triple quadrupole mass spectrometry.

(5) Erythromycin (CAS number 114-07-8, EU number 204-040-1), Clarithromycin (CAS number 81103-11-9), Azithromycin (CAS number 83905-01-5, EU number 617-500-5).

(6) Imidacloprid (CAS number 105827-78-9/ 138261-41-3, EU number 428-040-8), Thiacloprid (CAS number 111988-49-9), Thiamethoxam (CAS number 153719-23-4, EU number 428-650-4), Clothianidin (CAS number 210880-92-5, EU number 433-460-1), Acetamiprid (CAS number 135410-20-7/ 160430-64-8).”

GIVEN under my Official Seal,

26 February 2019.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), as amended by the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012 ( S.I. No. 327 of 2012 ) and the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015 ( S.I. No. 386 of 2015 ).

The purpose of the Regulations is to give effect to Commission Implementing Decision (EU) 2018/229 of 12 February 2018 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 and repealing Commission Decision 2013/480/EU; and Commission Implementing Decision (EU) 2018/840 of 5 June 2018 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council and repealing Commission Implementing Decision (EU) 2015/495.

To ensure an acceptable level of comparability and consistency between Member States in the use of biological assessment methods and ecological quality ratios, a European-wide intercalibration exercise was undertaken. The results of these intercalibration exercises and intercalibrated values used in classification have been published as a series of Commission Decisions. The latest Decision contains a number of new intercalibrated methods and values for use in the classification of Irish surface waters, which are now given effect in these Regulations. The Regulations update existing environmental standards used in the assessment of ecological status, mainly by providing additional boundary values for existing environmental quality standards and the inclusion of a new environmental quality standard for total phosphorus in lakes and also correct some footnote errors.

The Regulations also provide for an updated watchlist to monitor concentrations of emerging pollutants and other substances of concern in the aquatic environment.

1 O.J. No. L226/1, 24 August 2013

2 O.J. No. L47/1, 20 February 2018

3 O.J. No. L141/9, 7 June 2018