Decree No. 313 / 2015 Coll.
Decree amending Decree No. 98 / 2011 Coll., on how to evaluate the state of surface water bodies, how to evaluate the ecological potential of strongly affected and artificial surface water bodies and the requirements of surface water survey and evaluation programmes
Valid
Order
Effective from 01.12.2015
Text versions:
01.12.2015
27.11.2015
313
DECLARATION
of 24 November 2015
amending Decree No. 98 / 2011 Coll., on how to evaluate the state of surface water bodies, how to evaluate the ecological potential of strongly affected and artificial surface water bodies and the requirements of surface water survey and evaluation programmes
The Ministry of the Environment and the Ministry of Agriculture provides pursuant to § 21 paragraph 3 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 20 / 2004 Coll. and Act No. 150 / 2010 Coll.:
Decree No. 98 / 2011 Coll., on how to evaluate the state of surface water bodies, how to assess the ecological potential of strongly affected and artificial surface water bodies and the requirements of surface water survey and evaluation programmes, is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This decree implements the relevant provisions of the European Union1) and provides:
(a) how to assess the state of the bodies of surface water;
(b) how to assess the ecological potential of heavily affected and artificial surface water bodies;
(c) the details of the surface water survey and assessment programmes.
1) Council Directive 75 / 440 / EEC of 16 June 1975 on the required quality of surface water intended for the collection of drinking water in the Member States and subsequent Council Directive 79 / 869 / EEC. Council Directive 79 / 409 / EEC of 2 April 1979 on the conservation of wild birds. Council Directive 80 / 68 / EEC of 17 December 1979 on the protection of groundwater against pollution by certain dangerous substances. Council Directive 91 / 271 / EEC of 21 May 1991 on urban waste water treatment. Council Directive 91 / 676 / EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources. Council Directive 92 / 43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Directive 2000 / 60 / EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy. Directive 2006 / 11 / EC of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community. Directive 2006 / 7 / EC of the European Parliament and of the Council of 15 February 2006 on the management of bathing water quality and repealing Directive 76 / 160 / EEC. Directive 2008 / 105 / EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82 / 176 / EEC, 83 / 513 / EEC, 84 / 156 / EEC, 84 / 491 / EEC and 86 / 280 / EEC and amending Directive 2000 / 60 / EC of the European Parliament and of the Council. 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 status. Directive 2013 / 39 / EU amending Directives 2000 / 60 / EC and 2008 / 105 / EC as regards priority substances in the field of water policy. ';
2. in Article 2 (a), the word "carbon tetrachloride" shall be inserted after the word "trichloroethylene."
3. in Article 2, point (g) is deleted;
Points (h) to (w) shall be renumbered (g) to (v).
4. in Article 2, points (u) and (v) are deleted;
5. In Article 2 (o), the words "ecosystem taken for analysis; in particular, water, sediment, fauna and tissue 'is replaced by' an environment such as water, sediment or biota '.
(6) Paragraph 3, including the title and footnote 4, shall be deleted.
7. Paragraph 4 (2) is deleted.
Paragraph 3 shall become paragraph 2.
8. Paragraph 4 (2) reads as follows:
"(2) The status of surface water bodies shall be evaluated every three years using data obtained in the framework of the implementation of the Surface Water Monitoring Programme pursuant to Section 14 of this Decree. '
9. In Article 5 (1), the word "carbon tetrachloride 'is inserted after the word" trichloroethylene'.
10. in Article 5 (2) (b):
"(b) hardness, pH, dissolved organic carbon or other water quality indicators affecting the bioavailability of these metals, the bioavailable concentrations being determined using appropriate bioavailability models."
11. in Article 6 (1), the words "and carbon tetrachloride" shall be inserted after the words "trichloroethylene."
12. in Article 7 (1), "No 4, 5, 6, 13 and 14" shall be replaced by "No 4, 5 and 6";
13. Paragraph 9, including the title and footnote 18, reads as follows:
Quality system security
The surface water survey laboratories shall have a quality system in accordance with the standard setting out the general requirements for the competence of testing and calibration laboratories (18).
18) EN ISO / IEC 17025. '.
footnote 9 is deleted.
14. in Article 11 (4), the words "dicofol, perfluorooctane sulfonic acid and its derivatives, quinoxyfen, dioxins and dioxin-like compounds, hexabromocyclododecanes, heptachlor and heptachlor epoxide" shall be inserted after the words "tributyltin compounds."
15. In Article 11, the following paragraph 5 is added:
"(5) Where the calculated average value of measurements carried out using the best available techniques that do not require disproportionate costs is marked as below the limit of determination and the limit of determination is higher than the environmental quality standard (3) for such techniques, the result for this measured substance shall not be taken into account for the purpose of assessing the chemical status of the water body. ';
16. Paragraph 12 (2) is deleted.
Paragraph 3 shall become paragraph 2.
17. Paragraph 12 (2), including footnote 6, reads:
"(2) In protected areas, the detection and evaluation of water status is carried out on the basis of the requirements of other legislation6) and in accordance with Annex 1 to this Decree.
6) Act No. 274 / 2001 Coll., on water and sewage for public use and on the amendment of certain laws (Water and Sewerage Act), as amended. Decree No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and amending certain laws (Water and Sewerage Act), as amended. Decree No. 238 / 2011 Coll., laying down the hygiene requirements for swimming pools, saunas and sanitation limits of sand in sandboxes of outdoor playing areas. Government Decree No. 262 / 2012 Coll., on the establishment of vulnerable areas and action programme, as amended. Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended. Government Decree No 71 / 2003 Coll., on the determination of surface waters suitable for the life and reproduction of native fish species and other aquatic animals and on the detection and evaluation of the quality of these waters, as amended. '
18. In Annex No 1, paragraph 2, including footnote 14, read:
"(2) Monitoring of surface water bodies designated as recreational and bathing waters.
Where bathing areas or swimming pools in the wild do not comply in the long term with the limits laid down in the Decree laying down the hygiene requirements for swimming pools, saunas and hygiene limits in the sandfields of outdoor playing platforms (14), surface water monitoring profiles are included in the surface water monitoring programme in order to find the cause of non-compliance.
14) Decree No. 238 / 2011 Coll., laying down the hygiene requirements for swimming pools, saunas and sanitation limits of sand in sandboxes of outdoor playing areas. '
footnote 13 is deleted.
19. Annex 9, including the title and footnotes 19, 20, 21, 22 and 23 shall read as follows:
"Annex No 9 to Decree No 98 / 2011 Coll.
Monitoring of ecological and chemical status of surface water
The water status survey networks included in the monitoring programmes shall be designed in such a way as to provide a coherent and comprehensive overview of the ecological and chemical status of each sub-basin and to enable surface water bodies to be classified in five classes corresponding to the definitions set out in Annexes 4, 5, 6 and 7 to this Decree.
On the basis of the analyses carried out of the general and aquatic characteristics of the sub-basins and the assessment of the impact on surface water status 19), the surface water monitoring programme containing the parts concerning the monitoring of the situation, operational, the quantitative characteristics of surface water programme and, where appropriate, the survey monitoring programme is implemented for each period of validity of the river basin plans.
Indicative indicators for the status of each relevant qualitative indicator shall be monitored. The selection of indicators for biological quality indicators shall identify the appropriate taxonomic level required to achieve adequate reliability and accuracy of the quality indicator classification. Individual bodies of surface water may be grouped together for the purposes of monitoring, detecting and evaluating the status of waters, which have common monitoring points. Only bodies of surface water with similar hydromorphological and biological conditions, together with a similar degree and type of anthropogenic effects, may be combined. The concentration of surface water bodies shall not affect the reliability of the assessment of the status of surface water bodies and the reliability of the assessment of the impact of individual anthropogenic effects on water status and surface water bodies.
(1) Situation monitoring
(a) Situation monitoring at relevant locations and surface water monitoring profiles shall be carried out for:
1. Addition and verification of the results of analyses of river basin characteristics and assessment of effects and impacts on surface water status,
2. evaluation of long-term changes in natural conditions;
3. the assessment of long-term changes caused by general human activity,
4. effective and effective proposals for updating other monitoring programmes;
5. water balance management,
6. surface water quality assessment.
(b) The results of the monitoring are evaluated to identify further requirements for surface water monitoring programmes for sub-basins in the plans (8).
(c) Situation monitoring shall be carried out on a sufficient number of surface water bodies to enable the assessment of the overall surface water status of each basin or sub-basin.
(d) With regard to these bodies of surface water, monitoring shall always be carried out where:
1. the flow rate is significant for the sub-basins as a whole, including places on large streams where the surface area of the basins exceeds 2,500 km2;
2. the volume of water within the sub-basin is significant, including large lakes and tanks;
3. significant surface water bodies cross the borders of the Member States;
4. it is necessary to comply with the information exchange requirements laid down in the Council Decision establishing a common procedure for the exchange of information on the quality of surface freshwater in the Community (20),
5. it is necessary to estimate the loads of pollutants transited across the borders of the Member States and into the marine environment.
(e) Situation monitoring shall be carried out at each monitoring site for a period of at least one year during the period covered by the river basin management plan for:
1. indicators indicative of all biological indicators;
2. indicators indicative of all hydromorphological indicators,
3. indicators indicative of all general physical-chemical quality indicators,
4. priority substances (2) discharged in a given sub-basin;
5. other pollutants in accordance with Annex 8 to this Decree, released in significant quantities in a given sub-basin.
(f) Provided that the previous situation monitoring has not demonstrated that the surface water unit in question has achieved a good condition and an analysis of the general and aquatic characteristics of the sub-basins and an assessment of the impact on surface water status has not provided evidence that these effects have changed, the situation monitoring shall be carried out at least once over the period of validity of the three downstream river basin management plans.
(2) Operating monitoring
(a) Operational monitoring shall be carried out for the purpose of:
1. establishing the state of those surface water bodies that have been identified as risky in terms of the achievement of environmental objectives;
2. an evaluation of any changes in the state of these bodies of water resulting from the programme of measures.
(b) During the period of validity of the river basin management plan, the programme may be adjusted according to the information obtained to allow a reduction in the frequency of monitoring where the assessment of the impact on surface water status has been considered insignificant.
(c) Operational monitoring shall be carried out for all surface water bodies which, on the basis of an analysis carried out of the general and water-related characteristics of the sub-basins and an assessment of the effects on the state of the surface water or the situation monitoring, have been identified as hazardous in terms of the possibility of achieving their environmental objectives set out in accordance with the requirements of § 23a of the Water Act and those surface water bodies to which the substances listed in Annex 8 to this Decree are discharged. For priority substances, surface water monitoring profiles shall be selected taking into account relevant environmental quality standards.
(d) The following shall always be monitored:
1. surface water bodies threatened by the effects of significant point sources of pollution, a sufficient number of monitoring sites within each water body to assess the size and impact of the impact of the point source. Where a surface water unit is exposed to the effects of multiple point sources of pollution, the monitoring points may be selected to assess the size and impact of these effects as a whole,
2. surface water bodies threatened by the effects of significant diffuse sources of pollution, sufficient monitoring sites within selected water bodies to assess the size and impact of these diffuse sources. The selection of water bodies shall be carried out in such a way as to represent the relative risks arising from the occurrence of diffuse sources and the relative risk of failure to achieve good surface water status,
3. surface water bodies threatened by significant hydromorphological effects, sufficient monitoring sites within selected water bodies to evaluate the size and impact of these hydromorphological effects. The selection of water bodies shall be indicative of the overall impact of hydromorphological effects to which all surface water bodies are exposed.
(e) In order to assess the magnitude of the effects to which surface water bodies are exposed, they shall be monitored:
1. indicators indicative of biological indicators or indicators most sensitive to the effects to which surface water bodies are exposed;
2. all released priority substances (2) and other pollutants released in significant quantities;
3. indicators indicative of the hydromorphological indicator which is most sensitive to the influence found.
(f) Operational monitoring shall further ensure:
1. identification of surface water quality, including their impact on human activities;
2. the programmes of measures provided for in Section 26 of the Water Act;
3. the assessment of the status of waters in those surface water bodies where their status has been assessed as worse than good, or which have been identified on the basis of an updated analysis of the characteristics of the river basins and an evaluation of the effects and impacts on the state of surface water with regard to the achievement of environmental objectives for water protection as a risk or where priority substances are discharged;
4. the identification of changes in the state of the waters and the state of the bodies of surface water, the monitoring of which results from programmes of measures;
5. the detection of any long-term upward trend in the concentration of pollutants caused by human activity;
6. the detection of surface water for the purpose of the management of water flows and water works,
7. data acquisition for international monitoring programmes and for cross-border cooperation;
8. water balance management,
9. Water planning.
(3) Monitoring programme for quantitative characteristics of surface water
The programme for monitoring the quantitative characteristics of surface water shall be carried out for the purpose of:
1. the assessment of surface water status in accordance with Article 21 of the Water Act;
2. evaluation of the watercourses flow regime;
3. water balance management,
4. water planning.
(4) Survey monitoring
a) Research monitoring is carried out where:
1. Exceptional events have occurred and are not known for their causes,
2. the results of the situation monitoring indicate the likelihood of failure to achieve good ecological status of the waters and a given body of surface water has not yet been included in the operational monitoring programme;
3. it is necessary to determine the size and impact of emergency pollution; or
4. in order to provide information for the establishment of a programme of measures to achieve the objectives of protection of water8).
(b) Exploratory monitoring shall provide information for the establishment of a programme of measures to achieve the environmental objectives and specific measures necessary to remedy the effects of emergency pollution.
(5) General requirements for surface water monitoring
(a) Monitoring frequency
1. For the situation monitoring period, at least the frequency values for the monitoring of parameters indicative of physicochemical qualitative indicators listed in Table 1 of this Annex shall be used. For biological or hydromorphological indicators, monitoring shall be performed at least once during the situation monitoring period.
2. For operational monitoring the necessary monitoring frequency for each indicator shall be determined in such a way as to ensure sufficient data for a reliable evaluation of the status of the relevant qualitative indicator. Monitoring shall take place at least at the intervals specified in Table 1 of this Annex.
3. The frequencies are selected to achieve an acceptable level of reliability and accuracy.
4. The frequency of monitoring shall be chosen taking into account the variability of indicators arising from both natural and anthropogenic conditions. The periods in which monitoring is carried out shall be selected to minimise the effects of seasonal variability, thereby ensuring that the results reflect changes in the surface water body due to changes in anthropogenic effects. If necessary, additional monitoring shall be carried out during the different annual periods of the same year.
5. Substances with numbers 5, 21, 28, 30, 35, 37, 43 and 44 listed in Annex 6 to the legislation governing the list of priority substances and priority hazardous substances in the field of water policy (2) may be monitored at a lower frequency than the requirements for monitoring priority substances set out in Table 1, provided that such monitoring is representative and a statistically reliable information base is available regarding the presence of those substances in the aquatic environment. Monitoring will take place every three years, unless technical knowledge and expertise can justify a different interval.
6. Each substance from the European Commission's list of monitored substances according to the relevant provisions of the Water Policy Environmental Quality Directive (21) shall be monitored at selected at least five representative monitoring stations for at least 12 months. In the case of the first list of substances to be monitored, the monitoring period shall start by 1 January 2016 or within six months after the establishment of that list, whichever is the later. Monitoring of each substance on the following lists drawn up by the European Commission must begin within 6 months of its listing. The choice of representative monitoring stations, frequency of monitoring and timing for each substance shall take into account the uses and possible occurrence of that substance. The frequency of monitoring shall not be less than once a year. Where sufficient, comparable, representative and up-to-date monitoring data are provided for a particular substance on the basis of existing monitoring programmes or studies, further monitoring may not be carried out within the monitoring list mechanism, also provided that the monitoring of the substance was carried out using a methodology that complies with the requirements of the technical guidelines developed in accordance with the relevant provisions of the Environmental Quality Standards Directive in the field of water policy (22).
7. The Czech Republic shall report to the European Commission through the Ministry of the Environment on the results of the monitoring carried out according to the previous point. In the case of the first list of substances to be monitored, it shall report by 14 December 2016 or 21 months after drawing up the list, whichever is the later, and every 12 months thereafter, as long as the substance is kept on the list. In the case of each substance included in the following lists, the Ministry of the Environment shall report to the European Commission on the results of the monitoring within 21 months of the date of inclusion of the substance in the list of substances under consideration and every 12 months thereafter, as long as the substance is kept on the list. The report shall include information on the representativeness of the monitoring station and the monitoring strategy.
8. The Ministry of the Environment shall, by 22 December 2018, draw up and submit to the European Commission an additional monitoring programme for substances listed under headings 34 to 45 in the Government Regulation on the parameters and values of permissible pollution of surface water and waste water, the formalities for the authorisation to discharge waste water into surface and sewerage waters and sensitive areas (2).
Table 1: Monitoring frequency of individual indicators
| Ukazatele kvality | Řeky | Jezera |
|---|---|---|
| Ekologický stav | ||
| Biologické | ||
| Fytoplankton | 6 měsíců | 6 měsíců |
| Jiná vodní flóra (makrofyta a fytobentos) | 3 roky | 3 roky |
| Makrobezoobenthos | 3 roky | 3 roky |
| Ryby | 3 roky | 3 roky |
| Hydromorfologické | ||
| Hydrologický režim | nepřetržitě | 1 měsíc |
| Kontinuita toku | 6 let | |
| Morfologické podmínky | 6 let | 6 let |
| Chemické a fyzikálně-chemické | ||
| Průhlednost a teplotní poměry | 3 měsíce | 3 měsíce |
| Kyslíkové poměry | 3 měsíce | 3 měsíce |
| Salinita | 3 měsíce | 3 měsíce |
| Acidobazický stav | 3 měsíce | 3 měsíce |
| Živiny | 3 měsíce | 3 měsíce |
| Ostatní znečišťující látky | 3 měsíce | 3 měsíce |
| Chemický stav | ||
| Prioritní látky a další znečišťující látky pro hodnocení chemického stavu | 1 měsíc | 1 měsíc |
(b) Additional requirements with regard to protected areas
1. Surface water units designed to meet the requirements for drinking water sampling points which provide an average of more than 100 m3 per day are designated as monitoring points and are also subject to monitoring. These services shall monitor all priority substances discharged and all other substances discharged in significant quantities which could affect the state of the surface water unit. Monitoring shall be carried out in accordance with the frequencies set out in Table 2.
Table 2: Monitoring frequency according to the number of people supplied
| Počet zásobovaných obyvatel | Četnost |
|---|---|
| ≤ 10 000 | 4 x za rok |
| > 10 000 < 30 000 | 8 x za rok |
| ≥30 000 | 12 x za rok |
2. Surface water units forming protected habitat areas and species shall be integrated into operational monitoring where they are identified as risky on the basis of impact assessments and situation monitoring. Monitoring shall be carried out to evaluate the size and impact of all relevant significant impacts on these services and where necessary to evaluate changes in the status of those services resulting from the action programmes. Monitoring shall continue until these areas comply with all requirements and the objectives under Paragraph 23a of the Water Act are met.
(c) Standards for monitoring quality indicators
The methods used to monitor indicators correspond to technical normal23), which ensure the acquisition of data of professional quality and comparability.
(d) Data transmission
1. The results of individual surface water monitoring programmes shall be stored in an information system managed in accordance with Article 21 (2) (c) (3) of the Water Act, after checking and primary data processing, no later than 3 months after completion of sampling in the calendar year concerned.
2. The results of each monitoring programme shall be stored in the information system referred to in paragraph 2, no later than 3 months after the completion of all work on the relevant monitoring programme in the calendar year concerned.
(e) Monitoring of matrices other than water
1. Where a potential risk to the aquatic environment or through an acute exposure is identified from measured or estimated environmental concentrations or emissions when applying environmental quality standards (3) for the biota, monitoring in surface water shall also be carried out.
2. Substances for which environmental quality standards 3) for biota are applied shall be monitored in the relevant matrix at least once a year, unless it is justified by technical knowledge and expert judgement to justify a different interval.
3. The frequency of monitoring in sediment and biota shall be determined in accordance with the Framework Programme for Monitoring to ensure sufficient data for a reliable analysis of long-term trends. Monitoring will take place every three years, unless technical knowledge and expertise can justify a different interval.
19) Paragraph 25 (1) (a) (3) of the Water Act.
20) Council Decision 77 / 795 / EEC of 12 December 1977 establishing a common procedure for the exchange of information on the quality of fresh surface waters in the Community, as amended by the Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic, Council Decision 81 / 856 / EEC of 19.10.1981, Decision 84 / 422 / EEC of 24.7.1984, Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Spain, the Republic of Finland, the Kingdom of Sweden, Council Decision 86 / 574 / EEC of the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Republic, the Republic of Ireland, the Kingdom of Luxembourg, the Netherlands, the Netherlands, the Kingdom of Austria, the Kingdom of Finland, the Kingdom of Sweden, the United Kingdom of Sweden, the Kingdom of the Kingdom of the Netherlands and the European Union, the Republic of the Republic of the Republic of the Republic of the Czech Republic of Cyprus, the Republic, the Republic of Latvia, the Republic of Latvia, the Republic, the Republic of Latvia, the Republic of Latvia, the Republic of Latvia, the Republic of Latvia, the Republic of
21) Article 8b (1) of Directive 2008 / 105 / EC on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82 / 176 / EEC, 83 / 513 / EEC, 84 / 156 / EEC, 84 / 491 / EEC and 86 / 280 / EEC and amending Directive 2000 / 60 / EC of the European Parliament and of the Council, as amended by Directive 2013 / 39 / EU.
22) Article 8b (5) of Directive 2008 / 105 / EC on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82 / 176 / EEC, 83 / 513 / EEC, 84 / 156 / EEC, 84 / 491 / EEC and 86 / 280 / EEC and amending Directive 2000 / 60 / EC of the European Parliament and of the Council, as amended by Directive 2013 / 39 / EU.
23) For example EN ISO 5667-3: 2012 Water quality - Sampling - Part 3: Conservation and handling of water samples. EN 15708: 2009 Water quality - Instructions for monitoring, sampling and laboratory analysis of phytobentos in shallow running waters. EN 14962: 2006 Water quality - Guidelines for use and selection of methods for sampling fish. EN 14614: 2004 Water quality - Instructions for assessing hydromorphological characteristics of rivers. '
20. Annexes 12, 13 and 14 are deleted.
Efficacy
This Decree shall enter into force on 1 December 2015.
Minister of Environment:
Mgr. Brabec v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Decree No. 313 / 2015 Coll., amending Decree No. 98 / 2011 Coll., on how to evaluate the state of surface water bodies, how to evaluate the ecological potential of strongly affected and artificial surface water bodies and the requirements of surface water survey and evaluation programmes |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2015 |
|---|---|
| Effective from | 01.12.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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