Article 4 Setting of threshold values through ... regional or subregional cooperationF14
United Kingdom
Where F1the Secretary of State, in consultation with the devolved policy authorities,F2is required under this Decision to establish threshold values through F3... regional or subregional cooperation, those values shall:
be part of the set of characteristics used by the Secretary of State, in consultation with the devolved policy authorities, in their determination of good environmental status;
where appropriate, distinguish the quality level that reflects the significance of an adverse effect for a criterion and be set in relation to a reference condition;
be set at appropriate geographic scales of assessment to reflect the different biotic and abiotic characteristics of the regions, subregions and subdivisions;
be set on the basis of the precautionary principle, reflecting the potential risks to the marine environment;
be consistent across different criteria when they relate to the same ecosystem element;
make use of best available science;
be based on long time-series data, where available, to help determine the most appropriate value;
reflect natural ecosystem dynamics, including predator-prey relationships and hydrological and climatic variation, also acknowledging that the ecosystem or parts thereof may recover, if deteriorated, to a state that reflects prevailing physiographic, geographic, climatic and biological conditions, rather than return to a specific state of the past;
be consistent, where practical and appropriate, with relevant values set under regional institutional cooperation structures, including those agreed in the Regional Sea Conventions.
Until the Secretary of State, in consultation with the devolved policy authorities,F6has established threshold values through F7... regional or subregional cooperation as required under this Decision, F8the Secretary of State, in consultation with the devolved policy authorities, may use any of the following to express the extent to which good environmental status is being achieved:
national threshold values, provided the obligation of regional cooperation laid down in Articles 5 and 6 of Directive 2008/56/EC is complied with;
directional trends of the values;
pressure-based threshold values as proxies.
These shall follow, where possible, the principles set out in points (a) to (i) of paragraph 1.
Where threshold values, including those established F9... in accordance with this Decision, are not met for a particular criterion to the extent which F10the Secretary of State, in consultation with the devolved policy authorities, has determined as constituting good environmental status in accordance with Article 9(1) of Directive 2008/56/EC, F11the competent authority shall consider, as appropriate, whether measures should be taken under Article 13 of that Directive or whether further research or investigation should be carried out.
Annotations
Textual amendments
- F1
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)
- F2
Word in Art. 4(1) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in Art. 4(1) omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 4(1)(b) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Word in Art. 4(1)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 117(2)(b)
- F6
Word in Art. 4(2) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Word in Art. 4(2) omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Words in Art. 4(2) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in Art. 4(3) omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Words in Art. 4(3) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F11
Words in Art. 4(3) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F12
Words in Art. 4(4) omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F13
Words in Art. 4(4) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F14
Word in Art. 4 heading omitted (31.12.2020) by virtue of The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 9(2); 2020 c. 1, Sch. 5 para. 1(1)