Article 8 Best practices

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.

Where, on the basis of evidence and information provided pursuant to paragraph 1 of this Article, the Secretary 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.

An association of users or other interested parties shall inform the Secretary of State of any changes or updates made to a best practice for which recognition was granted in accordance with paragraph 2.

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 Secretary 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.

The Secretary 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.

The Secretary 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 Secretary 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.

The F2Secretary of State may, by regulations, establish the procedures for implementing paragraphs 1 to 5 of this Article. F3...