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GLOSSARY
In the context of the Listing Rules, any person who exercises, or controls on their own or together with any person with whom they are acting in concert, 30% or more of the votes able to be cast on all or substantially all matters at general meetings of the company. For details on how to calculate voting rights, see the definition of the term in the glossary to the FCA Handbook. A premium listed company with a controlling shareholder must comply with the provisions in LR 6.5 of the Listing Rules.
GLOSSARY
Users must be provided with controls over cookies and, generally, users must be allowed to access the website even if they choose not to consent (as explained in ‘Consent mechanisms—cookie walls’ below, EDPB guidelines suggest so-called ‘cookie walls’ do not comply).
PRACTICE NOTES
Title Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) Parties 15 governments (Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom) and the EU Adopted 22 September 1992 Entry into force 25 March 1998 Full text Convention for the Protection of the Marine Environment of the North-East Atlantic Subject Marine pollution, marine conservation OSPAR OSPAR is a regional agreement by which 15 governments and the EU (see implementing Council Decision 98/249/EC) co-operate to protect the marine environment of the North-East Atlantic. The OSPAR agreement takes its name from the two agreements it replaced—the 1972 Oslo Convention for the prevention of marine pollution by dumping from ships and aircraft and the 1974 Paris Convention for the prevention of marine pollution from land-based sources. The original conventions came from a growing awareness of the need to protect the marine environment—especially following environmental disasters, such
PRACTICE NOTES
Snapshot on the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency Title 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (The Assistance Convention) Parties 122 Parties and 68 Signatories Location Vienna Adopted 26th September 1986 Came into force 26th February 1987 Subject International assistance & support in the event of a nuclear accident or radiological emergency Purpose of the Convention To 'enable' prompt assistance and to 'facilitate' international cooperation in the face of a nuclear or radiological emergency. The Convention was modelled on the International Atomic Energy Agency (IAEA) guidelines entitled: Guidelines for Mutual Emergency Assistance Arrangements in Connection with a Nuclear Accident or Radiological Emergency 1984. What does the Convention do? The Convention provides a framework within which assistance may be sought and given. Key articles Key articles Article 2: A State Party may seek assistance either: • directly from another State Party or • through
PRACTICE NOTES
Brexit impact—Euratom and the UK Nuclear Sector As of 31 January 2020 (exit day), the UK ceased to be an EU Member State. 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. The UK’s exit from the EU also meant the UK’s exit from Euratom. On 24 December 2020, the UK government announced it had agreed the EU-UK Trade and Co-operation Agreement (TCA), which is supplemented by a number of associated declarations and agreements including a separate Nuclear Co-operation Agreement (NCA) with the EU/Euratom. The TCA and the NCA entered into force on 1 May 2021. For more information on the TCA and the NCA, see Practice Note: EU-UK Trade and Cooperation Agreement—quick guide and News Analysis: Energy markets in the EU-UK Trade and Cooperation Agreement. Upon IP completion day, the European Union (Withdrawal)
GLOSSARY
The Convention on Supplementary Compensation for Nuclear Damage was first adopted on 12 September 1997 but only came into force on 15 April 2015 three months after Japan had deposited its instrument of approval with the IAEA which took installed capacity under the CSC over the required threshold of 400,000 units. Current signatories to the CSC include Argentina, Canada, Ghana, India, Japan, Montenegro, Morocco, Romania, the United Arab Emirates and the United States.
PRACTICE NOTES
Title Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Entry into Force 01/06/1982 Transposition Deadline N/A Amendments N/A England and Wales implementation Wildlife and Countryside Act 1981; Wildlife and Countryside (Service of Notices) Act 1985; Conservation of Habitats and Species Regulations 2017, SI 2017/1012; Conservation of Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013. Subject Nature conservation Purpose of the Bern Convention The Bern Convention was the first international agreement to protect both species and habitats and to bring countries together to act on nature conservation. It recognises the ‘aesthetic, scientific, cultural, recreational, economic and intrinsic value of wild flora and fauna’ as a ‘natural heritage’ that needs to be preserved for future generations. In order to protect wild flora and fauna, the Bern Convention has three main aims: • to conserve wild flora and fauna and natural habitats • to promote co-operation between states, and • to give particular attention to endangered and vulnerable species, including endangered and
PRACTICE NOTES
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 Pollution of the marine environment by dumping is addressed by international agreements, alongside a number of regional agreements. The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Convention) provides details at a global level on protecting the international waters of the marine environment from human activities. It was one of the earliest multilateral environmental agreements and was an international policy response to decades of dumping into the ocean, dredging and incineration at sea. Its creation was spurred on by the 1972 United Nations Stockholm Conference on the Human Environment, and its provisions influenced the negotiation of the ocean dumping provisions of the United Nations Convention on the Law of the Sea (UNCLOS), particularly Articles 210 and 216. UNCLOS established broad principles on protecting the marine environment and provides a framework for further rules. For more information, see Practice Note: United Nations
GLOSSARY
a right under the European Convention on Human Rights;
PRACTICE NOTES
The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the contracting parties are required to respect and secure to everyone in their jurisdiction, including rights to: • life • freedom from torture and other inhuman or degrading treatment or punishment • freedom from slavery and forced or compulsory labour • liberty and security of the person • a fair trial • prohibition of retroactive penal legislation • private and family life, home and correspondence • freedom of thought, conscience and religion • freedom of expression • freedom of assembly and association • marry and found a family • an effective remedy for a violation of the rights—this right is not incorporated into UK law by Human Rights Act 1998 (HRA 1998) • freedom from discrimination in respect of specific rights and freedoms These rights are defined in the main Articles to the ECHR and are enhanced by a series of Protocols covering a range of further issues, including: • peaceful enjoyment of possessions • education
PRACTICE NOTES
Parliamentary statements of compatibility The Human Rights Act 1998 (HRA 1998) is designed not only to give people a remedy when their rights under the European Convention on Human Rights (ECHR) have been breached, but also to encourage governments and Parliament to give greater thought during the legislative process to whether an intended piece of legislation will be compatible with Convention rights. HRA 1998, s 19 requires a Minister of the Crown in each House of Parliament, before the second reading of a Bill, to make a statement to the effect that the Bill is compatible with Convention rights (a section 19(1)(a) statement) or, alternatively, (section 19(1)(b)) to the effect that they are unable to make such a statement, but the government wishes Parliament to proceed with the Bill in any event. The form of the statement of compatibility The statement of compatibility must be in writing, but there is no prescribed manner in which the statement must be published. The statement must be published in such manner(s) as the minister making it considers
PRACTICE NOTES
There are a number of general ways in which public authorities may be held not to have violated a Convention right. These are set out in the text of the European Convention on Human Rights (ECHR) and in domestic law under the Human Rights Act 1998 (HRA 1998). This Practice Note looks at the following: • derogations from the Convention rights • reservations to Convention rights • matters falling within a state’s margin of appreciation In the case of qualified rights (rather than absolute rights), a public authority is held not to be in breach if its conduct falls within the qualifying circumstances, ie the interference with the Convention right is justified. For background reading, see Practice Note: Convention rights—structure of qualified rights. Derogations from the Convention rights What is a derogation? Article 15 of the ECHR provides for Member States to derogate from having to respect the Convention rights. The circumstances in which a contracting state is allowed to do so are strictly circumscribed. Contracting states are restricted in