Regulation 30 Proof of compliance with consent conditionI1

In Article 16 of the Order (onus of proof as regards techniques and evidence) in paragraph (1) (accused to prove use of best available techniques) after “the accused to prove” insert

“the matters described in paragraph (1A).

(1A)

The matters referred to in paragraph (1) are –

(a)

in the case of an offence under Article 15(1)(c) consisting in a failure to comply with the general condition implied by Article 9(5)(c) –

(i)

that no measures, other than the measures taken by him, were necessary to prevent damage being caused to the environment from the release or, as the case may be, placing on the market of the organisms, or

(ii)

in a case where he took no measures, that no measures were necessary; and

(b)

in any other case,”.