OpenLegislation

Article 3 Use of criteria, methodological standards, specifications and standardised methods

United Kingdom

Original text. Later amendments are not shown.

1.

F1The competent authorities shall use primary criteria and associated methodological standards, specifications and standardised methods laid down in F2Annex 1 to implement this Decision. However, on the basis of the initial assessment or its subsequent updates carried out in accordance with Articles 8 and 17(2)(a) of Directive 2008/56/EC, F3the Secretary of State, in consultation with the devolved policy authorities, may consider, in justified circumstances, that it is not appropriate to use one or more of the primary criteria. F4In such cases, the Secretary of State shall provide a justification for that opinion in any report provided pursuant to regulation 18(7) of the Marine Strategy Regulations 2010.

Pursuant to the obligation of regional cooperation laid down in Articles 5 and 6 of Directive 2008/56/EC, F5the Secretary of State shall inform F6... Member States sharing the same marine region or subregion before it decides not to use a primary criterion in accordance with the first subparagraph.

2.

Secondary criteria and associated methodological standards, specifications and standardised methods laid down in Annex 1 shall be used to complement a primary criterion or when the marine environment is at risk of not achieving or not maintaining good environmental status for that particular criterion. The use of a secondary criterion shall be decided by F7the Secretary of State, in consultation with the devolved policy authorities,, except where otherwise specified in Annex 1.

3.

Where this Decision does not set criteria, methodological standards, specifications or standardised methods for monitoring and assessment, including for spatial and temporal aggregation of data, the Secretary of State, in consultation with the devolved policy authorities, shall build upon, where practical and appropriate, those developed at international, regional or subregional level, such as those agreed in the relevant Regional Sea Conventions.

4.

Until F8... international, regional or subregional lists of criteria elements, methodological standards, and specifications and standardised methods for monitoring and assessment are established, F9the competent authorities may use those established at national level, provided that regional cooperation is pursued as laid down in Articles 5 and 6 of Directive 2008/56/EC.

Annotations

Textual amendments

F1

Words in Art. 3(1) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 3 substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Decision substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 3(1) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 3(1) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in Art. 3(1) omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 3(2) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(4); 2020 c. 1, Sch. 5 para. 1(1)

F8

Word in Art. 3(4) omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in Art. 3(4) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)