The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

Amendment of Chapter 3 (early detection and rapid eradication) of the Invasive Alien Species Regulation

5.—(1) Chapter 3 of the Invasive Alien Species Regulation is amended as follows.

(2) In Article 14—

(a) After “Within 18 months of” insert “IP completion day and in respect of”

(b) in paragraph 1, for “Member States” substitute “the Scottish Ministers”,

(c) in paragraph 2—

(i) in point (a), for “the territory, including marine territorial waters, of the Member States” substitute “Scotland”,

(ii) in point (b), for “the territory or part of the territory of a Member State” substitute “Scotland”,

(iii) in point (c), after “set out in” insert “retained EU law which transposed”.

(3) Omit Article 15.

(4) In Article 16—

(a) in paragraph 1—

(i) for “Member States” substitute “The Scottish Ministers”,

(ii) omit “and the information collected at official controls provided for by Article 15”,

(b) in paragraph 2—

(i) for “Member States” substitute “The Scottish Ministers”,

(ii) for “the Commission” substitute “the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs”,

(iii) omit “and inform the other Member States,”,

(iv) for “on their territory or part of their territory” in both places where it occurs substitute “in Scotland”,

(v) for “their territory or in part of their territory” substitute “Scotland”.

(5) In Article 17—

(a) in paragraph 1, for “the Commission and inform the other Member States” substitute “the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs”,

(b) in paragraphs 1 and 2, for “Member States” substitute “the Scottish Ministers”,

(c) in paragraph 3, for “Member States”, in both places it occurs, substitute “The Scottish Ministers”,

(d) in paragraph 4—

(i) for “Member States shall inform the Commission” substitute “The Scottish Ministers must inform the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs”,

(ii) for “the Commission”, in the second place it occurs, substitute “them”,

(iii) omit the second sentence.

(6) In Article 18—

(a) in paragraph 1—

(i) for “A Member State may” substitute “The Scottish Ministers, after consulting the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, may”,

(ii) omit the second subparagraph,

(b) omit paragraphs 2 and 3,

(c) in paragraph 4—

(i) for “Member States”, in the first place it occurs, substitute “The Scottish Ministers”,

(ii) for “Member States”, in the second place it occurs, substitute “parts of Great Britain”,

(d) in paragraph 5—

(i) for “Commission rejects a decision notified in accordance with the second subparagraph of” substitute “Scottish Ministers decide not to make a decision referred to in”,

(ii) for “the Member State concerned” substitute “the Scottish Ministers”,

(e) in paragraph 6, for “Commission does not reject a decision notified in accordance with the second subparagraph of” substitute “Scottish Ministers make a decision referred to in”.