Regulation (EU) No 1143/2014 of the European Parliament and of the CouncilShow full title

CHAPTER III U.K. EARLY DETECTION AND RAPID ERADICATION

Article 14 U.K. Surveillance system

1. Within 18 months of [F1 IP completion day and in respect of] the adoption of the [F2 list of species of special concern], [F3 the appropriate authority] shall establish a surveillance system of invasive alien species [F4 of special concern], or include it in their existing system, which collects and records data on the occurrence in the environment of invasive alien species by survey, monitoring or other procedures to prevent the spread of invasive alien species into or within [F5 Great Britain].

2. The surveillance system referred to in paragraph 1 of this Article shall:

(a) cover [F6 England and Wales] to determine the presence and distribution of new as well as already established invasive alien species [F4 of special concern];

(b) be sufficiently dynamic to detect rapidly the appearance in the environment of [F7 England and Wales] of any invasive alien species [F4 of special concern], whose presence was previously unknown;

(c) build upon, be compatible with, and avoid duplication of relevant provisions for assessment and monitoring laid down by [F8 retained EU law] or under international agreements and make use of the information provided by the existing systems of surveillance and monitoring set out in [F9 retained EU law which transposed] Article 11 of Directive 92/43/EEC, Article 8 of Directive 2000/60/EC and Article 11 of Directive 2008/56/EC;

(d) take into account the relevant transboundary impact and transboundary features, to the extent possible.

Textual Amendments

F1 Words in Art. 14 inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(2)(a) (with reg. 1(2))

F2 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(d) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Regulation: By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(d) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish list of species of special concern” are substituted for the words “Union list”

F3 Words in Art. 14(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 14(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(2)(b) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Scottish Ministers” are substituted for the words “Member States”

F4 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(e) (with reg. 1(2))

F5 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Regulation: By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(a) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the word “Scotland” is substituted for the words “the Union”

F6 Words in Art. 14(2)(a) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(2)(b)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(6)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 14(2)(a): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(2)(c)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the word “Scotland” is substituted for the words “the territory, including marine territorial waters, of the Member States”

F7 Words in Art. 14(2)(b) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(2)(b)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(6)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 14(2)(b): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(2)(c)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the word “Scotland” is substituted for the words “the territory or part of the territory of a Member State”

F8 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(b) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(b) (with reg. 1(2))

F9 Words in Art. 14(2)(c) inserted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(2)(b)(iii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(2)(c)(iii) (with reg. 1(2))

[F10 Article 15 U.K. Official controls

1. By 2 January 2016, [F11 the Secretary of State] shall have in place fully functioning structures to carry out the official controls necessary to prevent the intentional introduction into [F12 Great Britain] of invasive alien species [F13 of special concern]. Those official controls shall apply to the categories of goods falling within the Combined Nomenclature codes to which a reference is made in the [F14 list of species of special concern], pursuant to Article 4(5).

2. Competent authorities shall carry out the appropriate risk-based controls to the goods mentioned in paragraph 1 of this Article verifying that:

(a) they are not on the [F14 list of species of special concern]; or

(b) they are covered by a valid permit as referred to in Article 8.

3. The controls referred to in paragraph 2 of this Article, consisting of documentary, identity and where necessary, physical checks, shall take place when goods referred to in paragraph 1 of this Article are brought into [F12 Great Britain]. [F15 In paragraphs 4 to 6 and 8, “the competent authority” means the authority responsible for carrying out the official controls mentioned in paragraph 2].

4. The handling in free zones or free warehouses and the placing of goods referred to in paragraph 1 under the customs procedures of release for free circulation, transit, customs warehousing, inward processing, processing under customs control and temporary admission shall be subject to the declaration to the customs authorities of:

(a) the relevant entry document duly completed by the competent authorities F16 ... attesting that the conditions referred to in paragraph 2 of this Article are met, in cases where the controls have been carried out at border entities in accordance with Regulation (EC) No 882/2004 and [F17 retained EU law which transposed] Directives 91/496/EEC and 97/78/EC or at [F18 points of entry as defined in] point (j) of Article 2(1) of Directive 2000/29/EC. The customs procedure indicated therein shall be followed; or

(b) where goods are not subject to official controls according to [F19 retained EU law], other documentary evidence that the controls have been carried out with satisfactory results and the subsequent entry document.

Those documents may also be submitted electronically.

5. If the controls establish non-compliance with this Regulation:

(a) customs authorities shall suspend the placing under a customs procedure or detain the goods;

(b) competent authorities F20 ... shall detain the goods.

Where goods are detained, they shall be entrusted to the competent authority in charge of applying this Regulation. That authority shall act in accordance with national legislation. [F21 The Secretary of State] may delegate specific functions to other authorities.

6. Costs incurred while the verification is carried out and those arising from any non-compliance shall be at the expense of the natural or legal person within [F12 Great Britain] who brought the goods into [F12 Great Britain] F22 ....

7. [F23 The Secretary of States] shall put in place procedures to ensure the exchange of relevant information and the efficient and effective coordination and cooperation between all authorities involved for the verification referred to in paragraph 2.

8. Based on best practices, [F24 the Secretary of State, together with the competent authority, must] develop guidelines and training programmes to facilitate the identification and detection of invasive alien species [F25 of special concern] and the performance of efficient and effective controls.

9. Where permits have been issued in accordance with Article 8, reference to a valid permit covering the declared goods shall be made in the customs declaration or relevant notifications to the border entity.]

Textual Amendments

F10 Art. 15 omitted (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(3) (with reg. 1(2))

F11 Words in Art. 15(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(d) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 15(3) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(b) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 15(4)(a) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(c)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 15(4)(a) inserted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(c)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(a)(i) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 15(4)(a) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(c)(iii) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(a)(i) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(b) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 15(5)(b) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(d)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 15(5) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(d)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 15(6) omitted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(e) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(a)(ii) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 15(7) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(f) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 15(8) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(3)(g) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Early detection notifications

1. [F26 The appropriate authority] shall use the surveillance system established in accordance with Article 14 [F27 and the information collected at official controls provided for by Article 15] to confirm early detection of the introduction or presence of invasive alien species [F4 of special concern].

2. [F28 The appropriate authority] shall without delay notify [F29 the other responsible authorities], in writing, of the early detection of the introduction or presence of invasive alien species [F4 of special concern] and F30 ..., in particular of:

(a) the appearance [F31 on their territory or part of their territory][F31 in Scotland] of any species included on the [F2 list of species of special concern] whose presence was previously unknown in [F32 their territory or in part of their territory][F32 Scotland];

(b) the re-appearance [F31 on their territory or part of their territory][F31 in Scotland] of any species included on the [F2 list of species of special concern] after it has been reported as eradicated.

Textual Amendments

F2 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(d) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Regulation: By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(d) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish list of species of special concern” are substituted for the words “Union list”

F4 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(e) (with reg. 1(2))

F26 Words in Art. 16(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(4)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 16(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(a)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “Member States”

F27 Words in Art. 16(1) omitted (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(a)(ii) (with reg. 1(2))

F28 Words in Art. 16(2) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(4)(b)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 16(2): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(b)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “Member States”

F29 Words in Art. 16(2) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(4)(b)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(6)(c)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 16(2): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(b)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs” are substituted for the words “the Commission”

F30 Words in Art. 16(2) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(4)(b)(iii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(b)(iii) (with reg. 1(2))

F31 Words in Art. 16(2) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(b)(iv) (with reg. 1(2))

F32 Word in Art. 16(2) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(4)(b)(v) (with reg. 1(2))

Article 17 U.K. Rapid eradication at an early stage of invasion

1. After early detection and within three months after the transmission of the early detection notification referred to in Article 16, [F33 the appropriate authority must] apply eradication measures and notify those measures to [F34 the other responsible authorities].

2. When applying eradication measures, [F35 the appropriate authority must] ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned, with due regard to human health and the environment, especially non-targeted species and their habitats, and ensuring that animals are spared any avoidable pain, distress or suffering.

3. [F36 The appropriate authority must] monitor the effectiveness of the eradication. [F37 The appropriate authority may] use the surveillance system provided for in Article 14 to this effect. The monitoring shall also assess the impact on non-targeted species, as appropriate.

4. [F38 The appropriate authority must] inform [F39 the other responsible authorities] of the effectiveness of the measures taken and notify [F40 the other responsible authorities] when a population of an invasive alien species [F4 of special concern] has been eradicated. F41 ...

Textual Amendments

F4 Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(e) (with reg. 1(2))

F33 Words in Art. 17(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(b) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(b) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Scottish Ministers” are substituted for the words “Member States”

F34 Words in Art. 17(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(a) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs” are substituted for the words “the Commission and inform the other Member States”

F35 Words in Art. 17(2) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(b) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(2): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(b) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Scottish Ministers” are substituted for the words “Member States”

F36 Words in Art. 17(3) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(c) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(3): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(c) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “Member States”

F37 Words in Art. 17(3) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(ca) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(3): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(c) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “Member States”

F38 Words in Art. 17(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(c) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(4): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(d)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers must inform the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs” are substituted for the words “Member States shall inform the Commission”

F39 Words in Art. 17(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(d)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 17(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(d)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 17(4): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(d)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the word “them” is substituted for the words “the Commission”

F41 Words in Art. 17(4) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(5)(d)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(3)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(5)(d)(iii) (with reg. 1(2))

Article 18 U.K. Derogations from the obligation of rapid eradication

1. [F42 The responsible authorities, acting jointly, may], based on robust scientific evidence, decide, within two months of the detection of an invasive alien species referred to in Article 16, not to apply eradication measures if at least one of the following conditions is met:

(a) eradication is demonstrated to be technically unfeasible because the eradication methods available cannot be applied in the environment where the invasive alien species is established;

(b) a cost-benefit analysis demonstrates on the basis of the available data with reasonable certainty that the costs will, in the long term, be exceptionally high and disproportionate to the benefits of eradication;

(c) eradication methods are not available or are available but have very serious adverse impact on human health, the environment or other species.

F43 ...

F44 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F45 The appropriate authority] shall ensure that containment measures are in place to avoid further spread of the invasive alien species to other [F46 parts of Great Britain] when, pursuant to paragraph 1, no eradication measures are applied.

5. Where [F47 the responsible authorities decide not to make a decision referred to in] paragraph 1 of this Article, [F48 the appropriate authority] shall apply the eradication measures referred to in Article 17 without delay.

6. Where the [F49 responsible authorities make a decision referred to in] paragraph 1 of this Article, the invasive alien species shall be subject to the management measures referred to in Article 19.

Textual Amendments

F42 Words in Art. 18(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(a)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 18(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(a)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers, after consulting the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, may” are substituted for the words “A Member State may”

F43 Words in Art. 18(1) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(a)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(a)(ii) (with reg. 1(2))

F44 Art. 18(2)(3) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(b) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(b) (with reg. 1(2))

F45 Words in Art. 18(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(c)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 18(4): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(c)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “Member States”

F46 Words in Art. 18(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(c)(ii) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(6)(d)); 2020 c. 1, Sch. 5 para. 1(1); and (S. in so far as not already substituted) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(c)(ii) (with reg. 1(2))

F47 Words in Art. 18(5) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(d)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 18(5): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(d)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish Ministers decide not to make a decision referred to in” are substituted for the words “Commission rejects a decision notified in accordance with the second subparagraph of”

F48 Words in Art. 18(5) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(d)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 18(5): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(d)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Scottish Ministers” are substituted for the words “the Member State concerned”

F49 Words in Art. 18(6) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 7(6)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 18(6): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 5(6)(e) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish Ministers make a decision referred to in” are substituted for the words “Commission does not reject a decision notified in accordance with the second subparagraph of”