The Air Quality Limit Values Regulations 2003

Consultations with other Member States of the European Union

13.—(1) For the purpose of this regulation, a transboundary pollution issue arises when—

(a) 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;

(b) ozone concentrations in any part of the United Kingdom exceed target values or long-term objectives and a significant part of the cause of such exceedance is the emission of ozone precursor substances in another Member State of the European Union; or

(c) ozone concentrations in another Member State of the European Union exceed target values or long-term objectives and a significant part of the cause of such exceedances is the emission of ozone precursor substances in the United Kingdom.

(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 as applicable.

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

(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 the case of a transboundary pollution issue to which paragraph (1)(b) or (c) applies, where the Secretary of State considers that attaining the target values or long-term objectives in the United Kingdom or the Member State concerned, as the case may be, is reasonably achievable through proportionate measures, she shall take the action prescribed in paragraph (5).

(5) Where paragraph (4) applies, the Secretary of State shall, in consultation with any relevant administration directly concerned, ensure co-operation with the Member State concerned in drawing up joint plans or programmes in order to attain the target values or long-term objectives in the United Kingdom or the other Member State as the case may be.

(6) The Secretary of State shall ensure that where paragraph (4) applies, action plans prepared under regulation 10(4) for England cover neighbouring zones affected in both the United Kingdom and any other Member State concerned, and shall take such steps as she considers appropriate to ensure that action plans prepared by any relevant administration under any equivalent provision cover such neighbouring zones.

(7) The Secretary of State shall ensure that where paragraph (6) applies, any other Member State concerned is provided with the information specified in regulation 10(6).

(8) The Secretary of State shall ensure that where ozone concentrations exceed the information threshold or alert threshold in any zone close to the borders with another Member State, full information of this occurrence is provided promptly to the competent authorities of the other Member State concerned, in order to facilitate the provision of information to the public in that Member State.

(9) In discharging her obligations under this regulation, the Secretary of State shall, where appropriate, seek to ensure full co-operation with any other countries concerned, not being Member States.

(10) In any case which appears to her to affect Wales, Scotland or Northern Ireland, 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.

(11) The European Commission may be present at any consultations conducted under paragraph (3) which concern relevant pollutants.

(12) 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.