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39. In Article 49—
(a)in the first subparagraph for “competent authority of the Member State in whose territory the site is located” substitute “Agency”;
(b)for the second subparagraph substitute—
“Where the appropriate authority in relation to the part of the United Kingdom where the site is located considers that a risk to human health or the environment, equivalent to the level of concern arising from the use of substances meeting the criteria in Article 57, arises from the use of an on-site isolated intermediate and that risk is not properly controlled, that appropriate authority may request the Agency to take the steps set out in points (a) and (b) of the first paragraph.
The Agency must inform the appropriate authorities that request them of the results of an assessment under this Article.”.
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