The Air Quality Limit Values Regulations 2001

Consultations with other Member States of the European Union

10.—(1) For the purpose of this regulation, a transboundary pollution issue arises when in any part of the United Kingdom the level of a relevant pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold following significant pollution in another Member State of the European Union.

(2) It shall be the duty of the relevant administration to notify the Secretary of State of any transboundary pollution issue affecting Wales, Scotland or Northern Ireland.

(3) The Secretary of State shall consult any other Member State directly concerned with a pollution issue with a view to finding a solution to that issue—

(a) when she considers that a transboundary pollution issue has arisen affecting England;

(b) on receiving a notification under paragraph (2); or

(c) on being notified by any other Member State that the limit value or alert threshold for any relevant pollutant may be exceeded in that Member State as a result of pollution originating in any part of the United Kingdom.

(4) In any case which appears to her to affect Wales, Scotland or Northern Ireland respectively, the Secretary of State shall—

(a) inform the relevant administration of any notification made under paragraph (3)(c); and

(b) consult the relevant administration about any action which she proposes to take.

(5) The Commission may be present at any consultations conducted under paragraph (3).

(6) In this regulation, ‘relevant administration’ means—

(a) the National Assembly for Wales for matters affecting Wales;

(b) Scottish Ministers for matters affecting Scotland; and

(c) Northern Ireland Ministers for matters affecting Northern Ireland.