Implementation of the Shellfish Waters Directive
(79/923/EEC)
Consultation Document

Contents Part 1: Introduction Part 2: Proposals for a Revised Designation Strategy Part 3: New Designations Part 4: Standards Part 5: Consultation Annex A: Location of Designated Shellfish Waters in England and Wales Annex B: Proposed Shellfish Waters Designations in England and Wales Annex C: Location of Candidate Areas within which New Designations are Proposed in England and Wales under the Shellfish Waters Directive Annex D: Proposed Imperative Standards for Metals and Proposed Organohalogens and their Proposed Imperative Standards Annex E: Consultation Form Dear Sir/Madam Consultation document issued jointly by the Department of the Environment, Transport and the Regions and the Welsh Office concerning implementation of the Shellfish Waters Directive (79/923/EEC) I enclose a consultation paper concerning a review of implementation policy in relation to the EC Directive on the Quality Required of Shellfish Waters (the Shellfish Waters Directive) in England and Wales. It proposes the designation of a number of new shellfish waters requiring protection or improvement under the Directive, as well as the retention of existing designations. In addition, it makes proposals for the setting of numerical standards for certain parameters and suggests what those standards might be. The Scottish Office and the Department of the Environment for Northern Ireland propose to hold separate consultation exercises. Additional copies of this consultation paper are available from Mrs Alice Mavely, Zone 3/C12, Ashdown House (Telephone: 020 7944 5319) (E-mail: wq.detr@dial.pipex.com. Comments should be sent no later than 30 September 1998 to: Mrs Steve French, Water Quality Division, Department of the Environment, Transport and the Regions, Zone 3/E12, Ashdown House, 123 Victoria Street, London SW1E 6DE (Telephone: 020 7944 5326; Fax: 020 7944 5209; E-mail: wq.detr@dial.pipex.com). A response form is provided with the consultation paper. Respondents may find this helpful in commenting on the particular matters on which views are sought, or to cover any other point. Respondents in Wales are asked to send an additional copy of their comments to: Miss Eve Read, Environment Division, Welsh Office, 2nd Floor, Cathays Park, Cardiff CF1 3NQ. It is the Department's practice to deposit responses to consultation papers in the Libraries of the Houses of Parliament, where they will be available for public inspection, or made available to the public upon request. The Department will assume that you have no objection to this unless you specifically indicate that your response is to be kept confidential. Confidential responses will be counted in any statistics given about the responses to this consultation. Yours faithfully MICHELLE BANKS Part 1: Introduction 1. This consultation paper concerns a review of implementation policy in relation to the European Community (EC) Directive on the Quality Required of Shellfish Waters (79/923/EEC) (the Shellfish Waters Directive) in England and Wales. It proposes the designation of a number of new shellfish waters requiring protection or improvement under the Directive, as well as the retention of existing designations. In addition, it makes proposals for the setting of numerical standards for certain parameters and suggests what those standards might be. By When and Where to Send Comments 2. Comments should be sent to the Department of the Environment, Transport and the Regions (DETR), no later than 30 September 1998. They should be addressed to: Mrs Steve French, Water Quality Division, Department of the Environment, Transport and the Regions, Zone 3/E12, Ashdown House, 123 Victoria Street, London SW1E 6DE (Telephone: 020 7944 5326; Fax: 020 7944 5209; E-mail: wq.detr@dial.pipex.com). 3. Respondents in Wales are asked to send an additional copy of their comments to: Miss Eve Read, Environment Division, Welsh Office, 2nd Floor, Cathays Park, Cardiff CF1 3NQ. Implementation by Administrative Means 4. The Shellfish Waters Directive, in common with many others adopted in the late 1970s and early 1980s, was originally implemented administratively in England and Wales. The necessary monitoring and reporting of compliance to the European Commission has been undertaken on the basis of administrative guidance issued to the then Water Authorities during 1980. Formal Legal Transposition 5. More recently, the UK has accepted the need to transpose the Directive into legislation. That obligation was discharged for England and Wales in June 1997, by the coming into force of The Surface Waters (Shellfish) (Classification) Regulations 1997 and The Surface Waters (Shellfish) Directions 1997. The Regulations and Directions were made following consultations with interested parties in October 1995 and January 1997 and replace the non-legislative mechanisms by which the requirements of the Directive had previously been implemented. 6. The Regulations set mandatory minimum standards equal to the I (imperative) values in the Directives. However, through the Directions, the Environment Agency is given the task of deciding how far it is possible to go beyond the I values towards achieving non-mandatory G (guideline) values in designated waters in the light of local circumstances. In practice, the Agency will need to derive local operational standards that are at least as stringent as the Regulations' I values, while endeavouring to respect the G values in the Directions. In setting standards, the Agency must also take into account the current water quality and the principle that implementation of the Directive must not lead to increased pollution. In deriving these operational standards, the Agency will not promote expenditure which is disproportionate to the expected degree of environmental improvement. Status of Former Administrative Guidance 7. The Government considers that, following formal transposition of the Shellfish Waters Directive, the time is right to review the advice on implementation issues given to the Water Authorities in 1980. This is part of a process for the practical implementation of the Regulations that have now been made. This paper proposes a revised policy on designation of waters in need of protection or improvement. It also makes proposals on standard setting for some of the parameters for which the Directive does not set a numerical value. The Environment Agency will need to consider separately whether the advice on other matters contained in the earlier guidance is still appropriate. The Agency is reviewing these matters in developing its policy for meeting its statutory obligations under the Regulations and Directions. Published 17 June 1998 Water Quality Index Defra Home Page