The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

Amendment of Chapter 6 (final provisions) U.K.

10.—(1) Chapter 6 is amended as follows.

(2) In Article 24—

(a) in paragraph 1—

(i) in the first sentence—

(aa) for “Member States” substitute “ the responsible authorities ”;

(bb) for “transmit to the Commission” substitute “ publish ”;

(ii) omit point (c);

(iii) in point (e), for “the entire national territory” substitute “ [F1 England and Wales] ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “Commission shall” substitute “ responsible authorities, acting jointly, must ”;

(ii) in the first sentence, from the words “submit a report to the European Parliament and to the Council” to the end of the sentence, substitute “ publish a report ”;

(iii) in the second sentence, omit the words from “the effectiveness” to “concern,”;

(iv) in the last sentence, omit the words from “and whether further harmonisation” to the end;

(d) in paragraph 4—

(i) for “Commission shall, by means of implementing acts,” substitute “ responsible authorities, acting jointly, may ”;

(ii) omit “for the Member States”;

(iii) omit the last sentence.

(3) Omit Article 25.

(4) In Article 26—

(a) the existing text becomes paragraph 1;

(b) for “Member States”, and “the Member States” substitute “ the appropriate authority ”;

(c) after paragraph 1, insert—

“For the purposes of this Article, the reference to Article 2(3) of Directive 2003/35/EC is to be read as if references in Article 2(3) to “Member States” included [F2 Great Britain].”.

(5) In Article 27—

(a) in paragraph 1—

(i) for “Commission” substitute "responsible authorities [F3 and the Scottish Ministers]" ;

(ii) omit the second sentence;

(b) for paragraphs 2 and 3 substitute—

“2.   The responsible authorities [F4 and the Scottish Ministers], acting jointly, may appoint members to the Committee.

3.   The Committee may determine its rules of procedure”.

(6) In Article 28—

(a) for “Commission”, in both places where it occurs, substitute “ responsible authorities [F5 and the Scottish Ministers]”;

(b) omit “appointed by the Member States”;

(c) after “Articles 4, 5,” insert “ 9, ”.

(7) Omit Articles 29 and 30.

(8) In Article 31—

[F6 (za) in paragraph 1, after the words “Article 7(1),” insert “and, in relation to introduction into Great Britain from Northern Ireland, point (a) of Article 7(1),”;]

(a) in paragraph 2—

(i) for “Competent authorities” substitute “ The responsible authorities ”;

(ii) for “Member States” substitute “ the responsible authorities ”;

(b) in paragraph 3, for “Member States” substitute “ The responsible authorities ”;

(c) in paragraph 4, for “Member States” substitute “ the responsible authorities ”[F7 ;]

[F8 (d) after paragraph 4, insert—

“5.   The references to “establishments” and “facilities” in paragraph 4 of this Article include establishments and facilities permitted or established (as the case may be) in Scotland by the Scottish Ministers for that purpose.”.]

[F9 (9) In Article 32—

(a) in paragraph 1, for the words “keep and transport” substitute “keep, transport and, in relation to qualifying Northern Ireland goods, introduce into Great Britain”;

(b) after paragraph 1, insert—

“1A.   The reference in paragraph 1 to “research or ex-situ conservation establishments and for the purposes of medicinal activities referred to in Article 8” includes establishments or activities referred to in Article 8 for which a permit has been issued by the Scottish Ministers in relation to Scotland, or by the Department of Agriculture, Environment and Rural Affairs in relation to Northern Ireland.

1B.   So far as paragraph 1A relates to permits issued in relation to Northern Ireland, the reference in that sub-paragraph to Article 8 is to Article 8 of Regulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species, as it has effect in Northern Ireland by virtue of section 7A of the European Union (Withdrawal) Act 2018.”;

(c) in paragraph 2, after the words “non-commercial users”, insert “and, in relation to live specimens that are qualifying Northern Ireland goods, introduction into Great Britain for any such purposes”;

(d) in paragraph 3, for “Member State” substitute “appropriate authority”.]

(10) After Article 32, insert—

“Article 32A U.K. Regulations

1.   A power to make regulations under this Regulation is exercisable by statutory instrument.

2.   A statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3.   Regulations made under paragraph 1 may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

4.   The Secretary of State may not make regulations under [F10 Article 4(1)] without the consent of each person who is a relevant authority.

5.   In paragraph 4, “relevant authority” means—

(a) in relation to Scotland, for the purposes of any provision mentioned in sub-paragraph (a) of regulation 2(1) of the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019, so far as it falls within paragraph (i) or (ii)(bb) of that sub-paragraph, the Scottish Ministers;

(b) in relation to Wales, the Welsh Ministers;

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 6.   The Secretary of State may not—

(a) without the consent of the Scottish Ministers and the Welsh Ministers, make regulations under Article 10(1) which introduce controls on the introduction of species into Great Britain or their transportation from Great Britain;

(b) without the consent of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, make any such regulations which apply in the offshore marine area.”].

(11) Omit Article 33 and the words after Article 33.

Textual Amendments

F1 Words in reg. 10(2)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(a)

F2 Words in reg. 10(4)(c) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(b)

F3 Words in reg. 10(5)(a)(i) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(c)(i)

F4 Words in reg. 10(5)(b) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(c)(ii)

F5 Words in reg. 10(6)(a) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(d)

F6 Reg. 10(8)(za) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(e)(i)

F7 Reg. 10(8)(c): semicolon substituted for full stop (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(e)(ii)

F8 Reg. 10(8)(d) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(e)(ii)

F9 Reg. 10(9) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(f)

F10 Words in reg. 10(10) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(g)(i)

F11 Words in reg. 10(10) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(g)(ii)

F12 Words in reg. 10(10) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 6(9)(g)(iii)

Commencement Information

I1 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)