The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/223 |
may be cited as the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019; andcome 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.controls on imports into, and exports from, the European Union; orthe 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) ) ; orthe offshore marine area; orany provision mentioned in paragraph (i) ;regulation 12(b) to (d) .(2) Regulations 3 and 12(a) do not extend to Northern Ireland.(1) The Destructive Imported Animals Act 1932 is amended as follows.(2) In section 11 (interpretation) , omit subsection (2) .(1) The Invasive Alien Species Regulation is amended in accordance with paragraph (2) and regulations 5 to 10.(except where otherwise indicated in these Regulations) for “the Union” substitute “ F7Great Britain ” ;for “Union law” substitute “ retained EU law ” ;for “at Union level” substitute “across Great Britain”;for “Union list” substitute “ list of species of special concern ” ;for “of Union concern” substitute “ of special concern ” .(1) Chapter 1 is amended as follows.for the words “Annex I or Annex II to Directive 2000/29/EC” substitute “ retained EU law relating to plant health ” ;for the words “Article 16(3) of that Directive” substitute “ retained EU law relating to plant health ” .omit point (4) ;after point (17) , insert—“ 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 ” ;omit the words from “Those implementing acts” to the end;for “The Commission” substitute “ The Secretary of State ” ;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 ” ;omit the words “the procedure referred to in”;in point (a) , omit “excluding the outermost regions”;in point (b) , for the words from “one F14biogeographical region” to “their outermost regions” substitute “ the territory of F15Great Britain ” ;in paragraph 4, for “Member States may submit to the Commission” substitute “ The Committee may submit to the Secretary of State ” ;for “adopting or updating” substitute “ amending ” ;for “Commission” substitute “ Secretary of State ” ;omit “for Member States”;omit paragraph 7;after paragraph 7 insert—“ the Committee ” ;for “it shall be” substitute “ the Scientific Forum is ” ;omit the last sentence;for the words from “The Commission shall” to “to further” substitute “ The responsible authorities, acting jointly, may ” ;for the last sentence substitute—
- (18) ‘the responsible authorities’ means—
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(a) for the purposes of Articles 5(3) , 18 and 19(6) as they apply in relation to any matter affecting the offshore marine area—
(i) each person mentioned in sub-paragraph (c) ; (ii) the Scottish Ministers; and (iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; -
(b) for the purposes of Articles 9, 16, 17 and 19(5) —
(i) each person mentioned in sub-paragraph (c) ; (ii) the Scottish Ministers; and (iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; and - (c) otherwise, each person who, in relation to any particular area or matter, is the appropriate authority;
- 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.
- 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.
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