1.Associations of users or other interested parties may submit an application to the [F1Secretary of State] to have a combination of procedures, tools or mechanisms, developed and overseen by them, recognised as a best practice in accordance with the requirements of this Regulation. The application shall be supported by evidence and information.
2.Where, on the basis of evidence and information provided pursuant to paragraph 1 of this Article, the [F1Secretary of State] determines that the specific combination of procedures, tools or mechanisms, when effectively implemented by a user, enables that user to comply with its obligations under Articles 4 and 7, it shall grant recognition as best practice.
3.An association of users or other interested parties shall inform the [F1Secretary of State] of any changes or updates made to a best practice for which recognition was granted in accordance with paragraph 2.
4.If there is evidence of repeated or significant cases where users implementing a best practice have failed to comply with their obligations under this Regulation, the [F1Secretary of State] shall examine, in dialogue with the relevant association of users or other interested parties, whether those cases indicate possible deficiencies in the best practice.
5.The [F1Secretary of State] shall withdraw the recognition of a best practice when it has determined that changes to the best practice compromise a user’s ability to comply with its obligations under Articles 4 and 7, or when repeated or significant cases of non-compliance by users relate to deficiencies in the best practice.
6.The [F1Secretary of State] shall establish and keep up-to-date an internet-based register of recognised best practices. That register shall, in one section, list the best practices recognised by the [F1Secretary of State] in accordance with paragraph 2 of this Article, and, in another section, list the best practices adopted on the basis of Article 20(2) of the Nagoya Protocol.
7.The [F2Secretary of State may, by regulations,] establish the procedures for implementing paragraphs 1 to 5 of this Article. F3...
Textual Amendments
F1Words in Art. 8(1)-(6) substituted (31.12.2020) by The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(8); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 8(7) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 8(7) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(4)(b); 2020 c. 1, Sch. 5 para. 1(1)