Scottish Government

SECTION 7
3. Responses to Part 7 of the Consultation: Chapter 5, Articles 18-26

Part 7 of the consultation focused on Chapter V of the proposed Directive, concerned with Articles 18-26 (Final provisions):

3.1 Articles 18-26

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.
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.
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."
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.

General Overview of Articles 18-26 (Question 46)

Q.46 What are your views on these provisions?

Table 7.1 Responses to Question 46 - total number of response ( UK response in bracket)
Total number of respondents = 3

Refer to table 1.1 for detail on class
Three Scottish respondents provided views on these Articles (1 NDPB, 2 Agr).

The NDPB respondent was content with Articles 19, 20, 21, 22, 24 and 24. However they expressed concern about the "need to harmonise risk assessment methodologies for soil contamination" as stated in Article 18 because they believe the current UK risk assessment methodologies are sufficient.

The two other respondents, both Agr, felt the Articles needed to be amended as they are ambiguous and may result in uncertainty and confusion. Both respondents were opposed to the removal of voluntary codes.