CHAPTER IIIEARLY DETECTION AND RAPID ERADICATION

Article 14Surveillance system

1

Within 18 months of F5IP completion day and in respect of the adoption of the F41list of species of special concern, F1the appropriate authority shall establish a surveillance system of invasive alien species F42of 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 F43Great Britain.

2

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

a

cover F2England and Wales to determine the presence and distribution of new as well as already established invasive alien species F42of special concern;

b

be sufficiently dynamic to detect rapidly the appearance in the environment of F3England and Wales of any invasive alien species F42of 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 F40retained EU law or under international agreements and make use of the information provided by the existing systems of surveillance and monitoring set out in F4retained 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.

Article 15F6Official controls

1

By 2 January 2016, F7the Secretary of State shall have in place fully functioning structures to carry out the official controls necessary to prevent the intentional introduction into F44Great Britain of invasive alien species F46of 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 F45list 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 F45list 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 F44Great Britain. F8In 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 F9... 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 F13retained EU law which transposed Directives 91/496/EEC and 97/78/EC or at F14points 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 F47retained 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 F10... 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. F11The 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 F44Great Britain who brought the goods into F44Great BritainF15....

7

F16The 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, F12the Secretary of State, together with the competent authority, must develop guidelines and training programmes to facilitate the identification and detection of invasive alien species F48of 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.

Article 16Early detection notifications

1

F17The appropriate authority shall use the surveillance system established in accordance with Article 14 F21and the information collected at official controls provided for by Article 15 to confirm early detection of the introduction or presence of invasive alien species F42of special concern.

2

F18The appropriate authority shall without delay notify F19the other responsible authorities, in writing, of the early detection of the introduction or presence of invasive alien species F42of special concern and F20..., in particular of:

a

the appearance F22on their territory or part of their territoryF22in Scotland of any species included on the F41list of species of special concern whose presence was previously unknown in F23their territory or in part of their territoryF23Scotland;

b

the re-appearance F22on their territory or part of their territoryF22in Scotland of any species included on the F41list of species of special concern after it has been reported as eradicated.

Article 17Rapid 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, F27the appropriate authority must apply eradication measures and notify those measures to F24the other responsible authorities.

2

When applying eradication measures, F28the 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

F29The appropriate authority must monitor the effectiveness of the eradication. F31The 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

F30The appropriate authority must inform F25the other responsible authorities of the effectiveness of the measures taken and notify F49the other responsible authorities when a population of an invasive alien species F42of special concern has been eradicated. F26...

Article 18Derogations from the obligation of rapid eradication

1

F32The 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.

F33...

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F343

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4

F35The appropriate authority shall ensure that containment measures are in place to avoid further spread of the invasive alien species to other F38parts of Great Britain when, pursuant to paragraph 1, no eradication measures are applied.

5

Where F36the responsible authorities decide not to make a decision referred to in paragraph 1 of this Article, F37the appropriate authority shall apply the eradication measures referred to in Article 17 without delay.

6

Where the F39responsible 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.