Explanatory note

These Regulations amend the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (S.I. 2003/3242) to include shellfish water protected areas. These Regulations are made due to the revocation of Directive 2006/113/EC of the European Parliament and of the Council on the quality required of shellfish waters (OJ No L 376, 27.12.2006, p 14), so that protections under that Directive are continued. Similar provision is being made for the Solway Tweed River Basin in a separate instrument.

The effect of these Regulations is to ensure that any necessary environmental objectives required to improve or protect the water quality of a shellfish water protected area to support shellfish life and growth are set, that monitoring in relation to such objectives takes place in those areas, and that information about them is included in the river basin management plan.

The power to designate shellfish water protected areas is provided in new regulation 7A. The Secretary of State and the Welsh Ministers may designate an area within a river basin district as a shellfish water protected area by including it on a list. The list of shellfish water protected areas located in England may be obtained from, or inspected on request in writing to, the Shellfish Waters Team, the Department for Environment, Food and Rural Affairs, Area 3D, Nobel House, 17 Smith Square, London SW1P 3JR, or by emailing [email protected] or it can be downloaded from the Department’s website at www.gov.uk/defra. A copy of the Welsh list may be obtained from, or inspected on request in writing to, the Water Branch, the Welsh Government, Cathays Park, Cardiff CF10 3NQ, or by emailing [email protected] or it can be downloaded from the Welsh Government’s website at www.wales.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sector is foreseen.