S.L. 449.57 Art. 10Derogations.

(1) The competent authority may provide for derogations from the parametric values set out in Schedule I, Part B, or set in accordance with regulation 6(3), up to a maximum value to be determined by it, provided no derogation constitutes a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Derogations shall be limited to as short a time as possible and shall not exceed three years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. Where the competent authority intends to grant a second derogation, it shall communicate the review along with the grounds for its decision on the second derogation, to the European Commission. No such second derogation shall exceed three years.

(2) In exceptional circumstances, the competent authority may ask the European Commission for a third derogation for a period not exceeding three years.

(3) Any derogation granted in accordance with this regulation shall specify the following:

(a) the grounds for the derogation;

(b) the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;

(c) the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;

(d) an appropriate monitoring scheme, with an increased monitoring frequency where necessary;

(e) a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing;

(f) the required duration of the derogation.

(4) If the competent authority consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with regulation 9(2) is sufficient to remedy the problem within thirty days, the requirements of sub-regulation (3) need not be applied. In that case, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authority.

(5) Recourse may no longer be had to sub-regulation (4) if failure to comply with any one parametric value for a given water supply has occurred on more than thirty days on aggregate during the previous twelve months.

(6) In the case where the competent authority has recourse to the derogations provided for in this regulation, it shall ensure that the population affected by any such derogation is immediately informed of the derogation and of the conditions governing it by notice published in the Gazette and through any other appropriate media. In addition the competent authority shall, where necessary, ensure that advice is given to particular population groups for which the derogation could present a special risk: Provided that these obligations shall not apply in the circumstances described in regulation 4 unless the competent authorities decide otherwise.

(7) With the exception of derogations granted in accordance with the preceding sub-regulation (4), the competent authority shall inform the European Commission within two months of any derogation concerning an individual supply of water exceeding 1,000 m³ a day as an average or serving more than five thousand persons, including the information specified in sub-regulation (3).

(8) This regulation shall not apply to water intended for human consumption offered for sale in bottles or containers.