The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020

Substitution of Articles 8 and 9 U.K.

15.  For Articles 8 and 9 substitute—

“Article 8 U.K. Technical and scientific support

1.   The Secretary of State, the Scottish Ministers or the Welsh Ministers may ask the relevant competent authority to provide technical and scientific support in order to ensure the effective implementation of this Regulation.

2.   The relevant competent authority must comply with any request under paragraph 1.

3.   In paragraphs 1 and 2, “relevant competent authority” means—

(a) in relation to a request by the Secretary of State, the Environment Agency;

(b) in relation to a request by the Scottish Ministers, SEPA;

(c) in relation to a request by the Welsh Ministers, NRW.

4.   Paragraphs 5 to 7 apply where the Secretary of State is considering submitting a proposal, on behalf of the United Kingdom, to list a substance in accordance with Article 8(1) of the Convention.

5.   The Environment Agency must provide technical and scientific support to the Secretary of State, taking into account, as appropriate, results from existing assessment schemes referred to in Article 3(3).

6.   The Secretary of State must—

(a) publish a notice relating to the proposal on an appropriate website;

(b) invite all interested parties to submit comments about the notice within eight weeks; and

(c) publish any comments on the website.

7.   Following that, the Secretary of State may ask the Environment Agency to prepare documents in support of the proposal, and the Environment Agency must comply with that request.

8.   Paragraphs 9 to 11 apply where the Persistent Organic Pollutants Review Committee has made available for comment a draft risk profile on a substance in accordance with Article 8(6) of the Convention.

9.   The Secretary of State must—

(a) publish the draft risk profile, or a link to the draft risk profile, on an appropriate website;

(b) invite all interested parties to submit comments about it within eight weeks; and

(c) publish any comments on the website.

10.   If, subsequently, in relation to the substance, the Persistent Organic Pollutants Review Committee invites Parties to the Convention to submit further information relating to the considerations specified in Annex F to the Convention, in accordance with Article 8(7) of the Convention, the Secretary of State must carry out the actions in paragraph 11.

11.   The actions are—

(a) to use an appropriate website to invite all interested parties to submit comments relating to the considerations specified in Annex F to the Convention; and

(b) to publish any comments on the website.

12.   The Environment Agency must, generally, provide the Secretary of State with technical and scientific support in implementing and further developing the Convention, in particular with respect to the Persistent Organic Pollutants Review Committee.

13.   The Environment Agency may, at any time, advise the Secretary of State to consider submitting a proposal to list a substance in accordance with Article 8(1) of the Convention or Article 14 of the Protocol, taking into account, as appropriate, results from existing assessment schemes referred to in Article 3(3).

14.   Where the Environment Agency is to provide support to the Secretary of State under this Regulation, it may ask DAERA, NRW or SEPA for assistance with providing that support in relation to Northern Ireland, Wales or Scotland respectively.

15.   DAERA, NRW or SEPA (as the case may be) must so far as possible comply with any request under paragraph 14.

16.   Where the Environment Agency is to provide support to the Secretary of State under this Regulation, DAERA, NRW or SEPA may (despite not having been asked to do so under paragraph 14) provide it with advice relating to that support in relation to Northern Ireland, Wales or Scotland respectively.

17.   The Environment Agency must have regard to any advice given under paragraphs 14 to 16 in the provision of its support to the Secretary of State.

18.   In this Article, “Persistent Organic Pollutants Review Committee” has the same meaning as in Article 8(2) of the Convention.

Article 9 U.K. Implementation Plans

1.   When reviewing and updating the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State must consult the public.

2.   As soon as the Secretary of State has updated the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State must make it publicly available.

3.   If the Secretary of State reviews or updates the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the competent authority or, in relation to Northern Ireland, DAERA, must support the Secretary of State as appropriate.”

Commencement Information

I1 Reg. 15 in force at 31.12.2020 on IP completion day, see reg. 2(2)