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Part 7 - Chapter 5: Articles 18-26 - Final Provisions
Article 18 - Implementation and adaptation to technical progress
Article 18 - Implementation and adaptation to technical progress 1. The Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 19(3), adapt Annex I to technical and scientific progress. 2. Where, on the basis of the exchange of information referred to in Article 17, a need to harmonise the risk assessment methodologies for soil contamination is identified, the Commission shall adopt common criteria for soil contamination risk assessment in accordance with the regulatory procedure with scrutiny referred to in Article 19(3). 3. Within four years after [date of entry into force], the Commission shall adopt, in accordance with the regulatory procedure referred to in Article 19(2), the necessary provisions on data and metadata quality, utilisation of historical data, methods, access, and data-exchange formats for the implementation of the provisions of Article 16. |
Content
7.1 This proposed Article provides for use of the regulatory procedure for: the adaptation of Annex 1 to technical and scientific progress; to adopt common criteria for soil contamination risk assessment if the exchange of information suggests that this is required; and for the necessary provisions (e.g. on data and metadata quality, methods, access and data-exchange formats) to enable implementation of the proposed Article 16 on reporting. The regulatory procedure involves the Commission and Member State representatives considering measures to be adopted. The Commission will adopt these measures if in accordance with the opinion of the committee. If the measure is not in accordance with the opinion of the committee, the Commission will submit to the Council for its approval proposals relating to the measure in question, as well as informing the European Parliament.
Issues raised
7.2 We have some concerns over the delegation of this power to Committee as a result of the introduction of the regulatory procedure (explained above).
Article 22 - Penalties
Article 22 - Penalties The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date specified in Article 24 at the latest and shall notify it without delay of any subsequent amendment affecting them. |
Issues raised
7.3 It is not entirely clear whether this would prevent the use of measures such as voluntary codes of practice for which there are not penalties for non-compliance. Council Legal Services have advised that this will not prevent the use of such measures, provided they achieve the objectives of the relevant Article. We are considering this issue further.
Article 23 - Amendment to Directive 2004/35/ EC
Article 23 - Amendment to Directive 2004/35/ EC In Article 6 of Directive 2004/35/ EC, paragraph 3 is replaced by the following: "3. The competent authority shall require the remedial measures to be taken by the operator. Subject to Article 13(1) of Directive xx/xx/xx, if the operator fails to comply with the obligations laid down in paragraph 1 or 2(b), (c) or (d) of this Article, or cannot be identified or is not required to bear the costs under this Directive, those measures may be taken by the competent authority itself." |
Content
7.4 Article 6 (3) of the Environmental Liability Directive is replaced.
Issues raised
7.5 The Commission considers it necessary to amend this to allow Member States to fund the remediation of orphan sites. It is not clear to us why this is necessary and we would be concerned about any changes to the ELD as it is being implemented this year, and any changes would cause delay and extra administrative costs at this late stage.
Article 24 - Transposition
Article 24 - Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after the date of entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. |
Content
7.6 Member States shall transpose the proposed Directive into national law within 2 years of the Directive coming into force.
Issues raised
7.7 We have significant concerns regarding these timeframes. Experience on Directives such as the Environmental Liability Directive and the Water Framework Directive suggest that transposition of a Directive is a time consuming process. Successful implementation should be the outcome we are seeking and this would be problematic in 24 months. We would suggest that an implementation period of 3-4 years would be more manageable.
Questions in relation to Articles 18-24
- Q.46 What are your views on these provisions?
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