Regulation 11 Substitution of Articles 8 and 9X1

For Articles 8 and 9 substitute—

“Article 8

Technical and scientific support

1

The Secretary of State, the Scottish Ministers or the Welsh Ministers may ask the relevant competent authority to provide technical and scientific support in order to ensure the effective implementation of this Regulation.

2

The relevant competent authority must comply with any request under paragraph 1.

3

In paragraphs 1 and 2, “relevant competent authority” means—

(a)

in relation to a request by the Secretary of State, the Environment Agency;

(b)

in relation to a request by the Scottish Ministers, SEPA;

(c)

in relation to a request by the Welsh Ministers, NRW.

4

The Environment Agency must also—

(a)

provide technical and scientific support to the Secretary of State in relation to substances that may comply with the criteria for listing in the Convention or the Protocol, taking into account, as appropriate, results from existing assessment schemes referred to in Article 3(3);

(b)

publish on an appropriate website a notice that a proposal for the listing of a substance will be prepared by the Secretary of State, invite all interested parties to submit comments within eight weeks and publish those comments on the website;

(c)

provide the Secretary of State with technical and scientific support in the preparation and review of the risk profile and the risk management evaluation of a substance considered under the Convention, invite all interested parties to submit comments or additional information, or both, within eight weeks and publish those comments on an appropriate website; and

(d)

upon request, provide the Secretary of State with technical and scientific support in implementing and further developing the Convention, in particular with respect to the POPs Review Committee M1.

5

Where the Environment Agency is to provide support to the Secretary of State under this Regulation, it may ask DAERA, NRW or SEPA for assistance with providing that support in relation to Northern Ireland, Wales or Scotland respectively.

6

DAERA, NRW or SEPA (as the case may be) must so far as possible comply with any request under paragraph 5.

7

Where the Environment Agency is to provide support to the Secretary of State under this Regulation, DAERA, NRW or SEPA may (despite not having been asked to do so under paragraph 5) provide it with advice relating to that support in relation to Northern Ireland, Wales or Scotland respectively.

8

The Environment Agency must have regard to any advice provided in accordance with paragraphs 5 and 6 or paragraph 7 in the provision of its support to the Secretary of State.

Article 9

Implementation Plans

1

When reviewing and updating the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State must consult the public.

2

As soon as the Secretary of State has updated the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State must make it publicly available.

3

When reviewing and updating the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State is to be supported by the Environment Agency and, in relation to measures taken at national level to identify and assess sites contaminated by POPs, the competent authority, as appropriate.”.