The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 223
Exiting The European Union
Environmental Protection
The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019
Made 7th February 2019
Coming into force in accordance with regulation 1(1)(b)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement and interpretation
1.—(1) These Regulations—
(a)
(a) may be cited as the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019; and
(b)
(b) come into force on exit day.
(2) In these Regulations, “the Invasive Alien Species Regulation” means Regulation (EU) No. 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.
Extent
2.—(1) The following regulations do not extend to Scotland—
(a)
(a) regulations 4 to 10, except so far as those regulations amend—
(i) any provision of the Invasive Alien Species Regulation which applies in relation to—
(aa) controls on imports into, and exports from, the European Union; or
(bb) the Union list referred to in Article 4(1) of the Invasive Alien Species Regulation (so far as relevant for the purpose of any provision referred to in sub-paragraph (aa)); or
(ii) any other provision of that Regulation so far as it applies in relation to—
(aa) the offshore marine area; or
(bb) any provision mentioned in paragraph (i);
(b)
(b) regulation 12(b) to (d).
(2) Regulations 3 and 12(a) do not extend to Northern Ireland.
PART 2
Amendment of primary legislation
Amendment of the Destructive Imported Animals Act 1932
3.—(1) The Destructive Imported Animals Act 1932 is amended as follows.
(2) In section 11 (interpretation), omit subsection (2).
PART 3
Amendment of retained direct EU legislation
Amendment of the Invasive Alien Species Regulation
4.—(1) The Invasive Alien Species Regulation is amended in accordance with paragraph (2) and regulations 5 to 10.
(2) In each place where it occurs—
(a)
(a) (except where otherwise indicated in these Regulations) for “the Union” substitute “the United Kingdom”;
(b)
(b) for “Union law” substitute “retained EU law”;
(c)
(c) for “Union level” substitute “UK level”;
(d)
(d) for “Union list” substitute “list of species of special concern”;
(e)
(e) for “of Union concern” substitute “of special concern”.
Amendment of Chapter 1 (general provisions)
5.—(1) Chapter 1 is amended as follows.
(2) In Article 2(2), in point (d)—
(a)
(a) for the words “Annex I or Annex II to Directive 2000/29/EC” substitute “retained EU law relating to plant health”;
(b)
(b) for the words “Article 16(3) of that Directive” substitute “retained EU law relating to plant health”.
(3) In Article 3—
(a)
(a) omit point (4);
(b)
(b) after point (17), insert—
“18 ‘the responsible authorities’ means each person who, in relation to any part of the United Kingdom, is the appropriate authority;
19 ‘the other responsible authorities’ means, so far as any given part of the United Kingdom is concerned, the responsible authorities other than the appropriate authority for that part;
20 ‘the appropriate authority’ means—
(a) the Secretary of State in relation to—
(i) England;
(ii) the offshore marine area; or
(iii) the regulation of imports into, and exports from, the United Kingdom;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
21 ‘the list of species of special concern’ means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time;
22 ‘the UK marine area’ has the meaning given by section 42(1) of the Marine and Coastal Access Act 20092;
23 ‘England’, ‘Scotland’, ‘Wales’ and ‘Northern Ireland’ include that part of the territorial sea which is respectively adjacent to them;
24 ‘the offshore marine area’ means—
(a) any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of the continental shelf)3;
(b) any part of the waters within British fishery limits4(except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);
25 ‘the Committee’ has the meaning given by Article 27;
26 ‘the Scientific Forum’ means the forum referred to in Article 28.”.
(4) In Article 4—
(a)
(a) in paragraph 1—
(i) for the words from “The Commission” to “(‘the Union list’),” substitute “The Secretary of State may by regulations amend the list of species of special concern so as to add or remove species from that list”;
(ii) omit the words from “Those implementing acts” to the end;
(b)
(b) in paragraph 2—
(i) for “The Commission” substitute “The Secretary of State”;
(ii) for “at least every six years” substitute “before 2nd August 2022, and before the last anniversary of that date in each subsequent period of six years”;
(c)
(c) in paragraph 3—
(i) in point (a), omit “excluding the outermost regions”;
(ii) in point (b), for the words from “one biographical region” to “their outermost regions” substitute “the territory of the United Kingdom”;
(d)
(d) in paragraph 4, for “Member States may submit to the Commission” substitute “The Committee may submit to the Secretary of State”;
(e)
(e) in paragraph 6—
(i) for “adopting or updating” substitute “amending”;
(ii) for “Commission” substitute “Secretary of State”;
(iii) omit “for Member States”;
(f)
(f) omit paragraph 7;
(g)
(g) after paragraph 7 insert—
“8. For the purposes of this Article, references to “the United Kingdom” are to be read as references to the United Kingdom and the UK marine area.”.
(5) In Article 5—
(a)
(a) in paragraph 2, for the first subparagraph, substitute—
“When the Secretary of State proposes to amend the list of species of special concern under Article 4(1), the Scientific Forum must carry out the risk assessment referred to in paragraph 1.”;
(b)
(b) in paragraph 2, in the second subparagraph—
(i) for “a Member State” substitute “the Committee”;
(ii) for “it shall be” substitute “the Scientific Forum is”;
(iii) omit the last sentence;
(c)
(c) in paragraph 3—
(i) for the words from “The Commission shall” to “to further” substitute “The responsible authorities, acting jointly, may”;
(ii) for the last sentence substitute—
“Before taking any action under this paragraph, the responsible authorities, acting jointly, must consult the Scientific Forum and such other experts as they consider appropriate.”.
(6) Omit Article 6.
Amendment of Chapter 2 (prevention)
6.—(1) Chapter 2 is amended as follows.
(2) In Article 7(2) for “Member States” substitute “The appropriate authority”.
(3) In Article 8—
(a)
(a) in paragraph 1, for “Member States” in both places where it occurs, substitute “the appropriate authority”;
(b)
(b) in paragraph 2—
(i) for “Member States shall empower their competent authorities to” substitute “The appropriate authority may”;
(ii) in point (b), for “competent authorities” substitute “appropriate authority”;
(iii) in point (f), for “competent authority” substitute “appropriate authority”;
(c)
(c) in paragraph 4, for “competent authority” substitute “appropriate authority”;
(d)
(d) in paragraph 5, for “Member States shall empower their competent authorities to” substitute “The appropriate authority may”;
(e)
(e) omit paragraph 6;
(f)
(f) in paragraph 7, for “Member States, shall” substitute “the appropriate authority must”;
(g)
(g) in paragraph 8—
(i) for “Member States” substitute “The appropriate authority”;
(ii) omit “by their competent authorities”.
(4) In Article 9—
(a)
(a) in paragraph 1—
(i) for “Member States” substitute “the appropriate authority”;
(ii) omit “subject to authorisation by the Commission”;
(b)
(b) omit paragraph 2;
(c)
(c) for paragraph 3 substitute—
“3. Before issuing a permit under paragraph 1 of this Article, the appropriate authority must consult and have regard to the opinions of—
(a) the Committee;
(b) the Scientific Forum;
(c) the other responsible authorities; and
(d) the Scottish Ministers.”;
(d)
(d) in paragraph 4—
(i) in the words before point (a), for “an authorisation” substitute “a permit under paragraph 1 of this Article”;
(ii) in point (i), omit “national”;
(e)
(e) in paragraph 5—
(i) for “Authorisations granted by the Commission” substitute “Permits granted by the appropriate authority under paragraph 1 of this Article”;
(ii) for “competent authority of the Member State concerned” substitute “other responsible authorities”;
(iii) for “An authorisation”, in both places where it occurs, substitute “A permit issued under paragraph 1”;
(iv) for “the authorisation” substitute “the permit”;
(v) for “that authorisation” substitute “that permit”;
(f)
(f) in paragraph 6—
(i) for the words “Following an authorisation by the Commission, the competent authority” substitute “The appropriate authority”;
(ii) omit the last sentence;
(g)
(g) in paragraph 7—
(i) for “The Commission” substitute “The appropriate authority”;
(ii) for “an authorisation” substitute “a permit under paragraph 1”;
(h)
(h) in paragraph 8—
(i) for “The Commission” substitute “The...
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