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PART 1 PRIORITY SUBSTANCES DIRECTIVE (2008/105/EC)
Background
9. One key component of managing our water environment sustainably is the action we take to prevent pollution from certain dangerous chemicals. The Dangerous Substances Directive 2006/11/EC (which codified a number of earlier Directives dealing with this matter) re-stated requirements for Member States to take action to eliminate pollution from certain dangerous chemicals, through the application of environmental quality standards designed to prevent such pollution.
10. In Scotland SEPA has applied the requirements of the Dangerous Substances Directive 2006 and its predecessor Directives to work progressively towards the elimination of pollution of our water environment by the specified substances.
Purpose and scope of Priority Substances Directive 2008
11. The Priority Substances Directive 2008/105/EC further develops the European framework for protecting the water environment from the impacts of dangerous substances.
12. In particular it requires Member States to:
- apply the environmental quality standards for priority substances and certain other pollutants (Article 3);
- arrange for the long-term trend analysis of concentrations of those priority substances that tend to accumulate in sediment and/or biota and take measures aimed at ensuring, subject to Article 4 of Directive 2000/60/EC, that such concentrations do not significantly increase in sediment and/or relevant biota (Article 3);
- if electing to designate mixing zones:
- restrict the zone to the proximity of the point of discharge;
- ensure the zone is proportionate, having regard to the concentrations of pollutants at the point of discharge;
- include in river basin management plans a description of the approaches and methodologies applied to define such zones, and the measures taken with a view to reducing the extent of the mixing zones in the future (Article 4); and
- establish an inventory, including maps, if available, of emissions, discharges and losses of all priority substances and other pollutants listed in the 2008 Directive; and communicate the inventories to the Commission (Article 5).
13. The scope of our existing WFD legislative framework allows for the requirements outlined above to be readily incorporated into SEPA's functions under the Water Environment & Water Services (Scotland) Act 2003 and CAR. This consultation paper sets out the proposed arrangements to complete the transposition of the provisions of the Priority Substances Directive 2008/105/EC.
Environmental standards - priority substances and specific pollutants
14. The Scottish Government's recent consultation - ' Development of environmental standards and conditions limits' - sought views on proposals for a wide range of environmental standards to support the implementation of our WFD programme. It is proposed that all such environmental standards will be incorporated into a single set of Directions to SEPA, providing a one-stop-shop for stakeholders, setting out the standards and how to use them.
15. The timing of the preparation of these Directions, due to be issued shortly, coupled with the introduction of the Priority Substances Directive 2008, offers a suitable opportunity for reviewing our existing legislative framework, and incorporating the requirements of the new Directive in an integrated and effective manner.
16. As previously noted, the Dangerous Substances Directive 2006/11/EC brought forward existing requirements for Member States to take action to eliminate pollution from certain dangerous chemicals. In Scotland this Directive was transposed by means of 4 sets of regulations:
- The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990;
- The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1992;
- The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1998; and
- The Surface Waters (Dangerous Substances) (Classification) (Scotland) (No. 2) Regulations 1998.
17. These Regulations set out, for certain dangerous substances, the environmental quality standards that SEPA should utilise in assessing water quality. Associated Directions prescribed how SEPA should use these standards in carrying out its statutory functions to protect water quality. Currently links are made to the WFD implementation framework by means of Schedule 4 of CAR, which prescribes that SEPA must have regard to the provisions of these Regulations before determining an application under CAR.
18. Our proposals for the introduction of WFD-compliant environmental standards, described in paragraph 14, include the following two categories of pollutants:
- surface water environmental quality standards for pollutants identified as "priority substances" or as "certain other pollutants" and established at European level in the Priority Substances Directive; and
- environmental quality standards for 19 toxic pollutants (called "specific pollutants") being discharged in significant quantities into surface waters. These are set at a national level.
19. We have carried out a review of the substances listed in the 4 sets of Dangerous Substances Regulations, and cross-referred these to both the Priority Substances Directive and our proposals for WFD Directions. The conclusions of this review are discussed below:
- Environmental quality standards for all the dangerous substances listed in the 1990 Regulations are included in the Priority Substances Directive 2008. As it is proposed that the forthcoming Directions will include the environmental quality standards set out in that Directive, the 1990 Regulations can be revoked.
- Environmental quality standards for all the dangerous substances listed in the 1992 Regulations are also included in the 2008 Directive. As it is proposed that the forthcoming Directions will include the environmental quality standards set out in that Directive, the 1992 Regulations can be revoked.
- The two sets of 1998 Regulations set quality objectives for 30 dangerous substances, set at national level rather than laid down at EU-level. These 30 pollutants fall into one of 4 categories:
1. 6 have been identified as priority substances and for which environmental quality standards have now been set in the Priority Substances Directive and proposed for inclusion in the 2009 Directions;
2. 7 have been identified at UK-level as specific pollutants and for which environmental quality standards have been proposed for inclusion in the 2009 Directions;
3. 1 has been identified in the Priority Substances Directive for review for possible identification as a priority substance; or
4. the remaining 16 have not been identified by UKTAG as specific pollutants under the WFD because they are either no longer authorised for use, being used or discharged in significant quantities in the UK.
We propose that the dangerous substances in categories 3 and 4 above are added to a separate schedule of the 2009 Directions until the Dangerous Substances Directive is repealed in 2013. Thus the two sets of 1998 Regulations can be revoked.
This approach enables us to integrate the new requirements into our legislative framework for the protection of our water environment in a simple and transparent way.
Proposed amendments to WFD legislation concerning priority substances
20. In addition to the proposals for the new Directions and the revoking of the existing Dangerous Substances Regulations discussed above, we propose to make some further minor amendments to the existing WFD legislation for the sake of completeness. These are described below.
Amendments to the Water Environment and Water Services (Scotland) Act 2003 ( WEWS)
21. We propose to amend section 2 of the WEWS Act to require that the Scottish Ministers, SEPA, and the other responsible authorities 1 exercise their functions under the relevant enactments so as to secure compliance with the Priority Substances Directive 2008, as well as with the WFD.
Amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 ( CAR) - Part 1 and Part 2 of Schedule 4
22. Part 1 of Schedule 4 lists the Directives that SEPA must apply the requirements of in determining controlled activity applications. We propose to amend this so that the list includes the new Priority Substances Directive 2008/105/EC.
23. Part 2 of the Schedule lists the sets of Regulations that SEPA must have regard to the provisions of in determining controlled activity applications. As we propose to revoke the 4 sets of Dangerous Substances Regulations, these will be deleted from that list.
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