33.—(1) The National Assembly for Wales may serve a prohibition notice under section 110 of the Act to prohibit an act which is authorised by a consent granted by it under section 111 of the Act or by a consent granted in respect of an approved product only if its opinion that doing such an act would involve a risk of causing damage to the environment is based on detailed grounds as the result of either—
(a)new or additional information made available since the date of the consent which affects the environmental risk assessment in respect of that product; or
(b)a reassessment of existing information in respect of that product on the basis of new or additional scientific information.
(2) Where, in the circumstances described in paragraph (1) above, the National Assembly for Wales considers that the risk of damage being caused to the environment is severe it shall serve a prohibition notice requiring such measures to be taken as it may consider appropriate and once any work required by the notice has been carried out it shall enter details of it on the register.
(3) In cases to which paragraph (1) and (2) above apply, the National Assembly for Wales shall immediately inform the Commission and the other Member States of its actions and shall at the same time provide them with—
(a)its reasons for taking such actions,
(b)the results of its review of the environmental risk assessment,
(c)its opinion as to whether the conditions of the consent should be varied, and, if so, how, or whether the consent should be revoked, and
(d)where appropriate, the new or additional information on which its decision to take action was based.
(4) A prohibition notice served under section 110 of the Act in accordance with this regulation shall be subject to any decision adopted by the Commission in accordance with Article 23(2) of the Deliberate Release Directive.
(5) Upon receipt of notification of a decision by the Commission to which paragraph (4) refers the National Assembly for Wales shall send a copy of it to the holder of the consent to which the decision relates and shall at the same time withdraw any prohibition notice which is inconsistent with that decision.
(6) References in this regulation to the National Assembly for Wales exercising a function under section 110 of the Act shall, in any case to which section 126(3) of the Act applies, be treated as references to the National Assembly for Wales and the Food Standards Agency M1 acting jointly.
Marginal Citations
M1 See section 1of the Food Standards Act 1999 (c.28).