The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020

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

6.—(1) The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2(1)(a), for “regulations 4 to 10” substitute “regulations 4 to 9, 10(1) to (4) and 10(7) to (11)”.

(3) In regulation 4(2)—

(a) in paragraph (a), for “the United Kingdom” substitute “Great Britain”;

(b) for paragraph (c) substitute—

“(c) for “at Union level” substitute “across Great Britain”;”.

(4) In regulation 5—

(a) in paragraph (3)(b)—

(i) for points (18) to (20) which are to be inserted substitute—

“(18) ‘the responsible authorities’ means—

(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;

(19) ‘the other responsible authorities’ means, in relation to the appropriate authority, the responsible authorities other than itself;

(20) ‘the appropriate authority’ means—

(a) the Secretary of State in relation to—

(i) England;

(ii) the offshore marine area; and

(iii) the regulation of imports into, and exports from, the United Kingdom;

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

(ii) for point (23) which is to be inserted substitute—

“(23) ‘England’, ‘Scotland’ and ‘Wales’ include that part of the territorial sea which is respectively adjacent to them, and ‘Northern Ireland’ includes the Northern Ireland inshore region (except in the definition of that term);”;

(iii) in point (26) which is to be inserted, for the full stop at the end substitute a semi-colon; and

(iv) after point (26), insert—

“(27) ‘the GB marine area’ consists of that part of the UK marine area which is not the Northern Ireland inshore region;

(28) ‘the Northern Ireland inshore region’ has the meaning given to it in section 2 of the Marine Act (Northern Ireland) 2013(2);

(29) ‘qualifying Northern Ireland goods’ has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.”;

(b) in paragraph (4)(c)(ii), for “the United Kingdom” substitute “Great Britain”;

(c) in paragraph (4)(g), for the paragraph to be inserted substitute—

“8.   For the purposes of this Article, references to “Great Britain” are to be read as references to Great Britain and the GB marine area.”.

(5) In regulation 6—

(a) in paragraph (4)(c), in paragraph 3 to be substituted by that paragraph—

(i) at the end of sub-paragraph (c), for “; and” substitute a full stop;

(ii) omit sub-paragraph (d).

(b) in paragraph (5)—

(i) in sub-paragraph (a)(ii), for “the United Kingdom” substitute “Great Britain”;

(ii) in sub-paragraph (a)(iv), after the words “appropriate authority may” insert “by regulations”;

(iii) in sub-paragraph (c), for paragraph (ii) substitute—

“(ii) for the words from “of the adoption” to “Union list” substitute “on which the emergency measures come into force”;”;

(iv) after sub-paragraph (c), insert—

“(ca) after paragraph 3, insert—

“3A.   Emergency measures may not apply for a period exceeding 2 years.”;”;

(v) for sub-paragraph (e) substitute—

“(e) for paragraph 6 substitute—

“6.   Where the Secretary of State includes the invasive alien species on the list of species of special concern before the end of the period referred to in paragraph 3A, the appropriate authority must repeal or amend the emergency measures.”;”;

(c) in paragraph (7)—

(i) for sub-paragraph (a)(ii) substitute—

“(ii) for the words from “their territory” to “Directive 2008/56/EC” substitute “Great Britain and the GB marine area”;”;

(ii) in sub-paragraph (d)(ii), for “the United Kingdom’s” substitute “Great Britain’s”.

(6) In regulation 7—

(a) in paragraph (2)(b), for “England, Wales and Northern Ireland”, in both places where it occurs, substitute “England and Wales”;

(b) in paragraph (3)(c)(i), after the words “paragraph 3” insert “of this Article”;

(c) in paragraph (4)(b)(ii), before the words “other responsible” insert “the”;

(d) in paragraph (6)(c)(ii), for “the United Kingdom” substitute “Great Britain”.

(7) In regulation 8(2)—

(a) in sub-paragraph (a)—

(i) in paragraph (i), at the end insert—

“(cc) for “their territory” substitute “the territory for which it is responsible”;”;

(ii) in paragraph (ii), for “the appropriate authority” substitute “the constituent part of Great Britain”;

(b) omit sub-paragraph (c)(iv);

(c) in sub-paragraph (c)(v)—

(i) for the word “sentence” substitute “two sentences”;

(ii) for the full stop at the end substitute a semi-colon;

(d) after sub-paragraph (c), insert—

“(d) after paragraph 5, insert—

“6.   Following a notification under paragraph 5 which relates to the offshore marine area, where appropriate the responsible authorities shall establish jointly agreed management measures.”.”.

(8) In regulation 9(3)(a)(vi), for the text to be substituted substitute—

“The Secretary of State must also endeavour to ensure co-ordination with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and with the Republic of Ireland.”.

(9) In regulation 10—

(a) in paragraph (2)(a)(iii), for “England, Wales and Northern Ireland” substitute “England and Wales”;

(b) in paragraph (4)(c), in the text to be inserted, for “the United Kingdom” substitute “Great Britain”;

(c) in paragraph (5)—

(i) in sub-paragraph (a)(i), after the words “responsible authorities” insert “and the Scottish Ministers”;

(ii) in sub-paragraph (b), in the text to be inserted, after the words “responsible authorities” insert “and the Scottish Ministers”;

(d) in paragraph (6)(a), after the words “responsible authorities” insert “and the Scottish Ministers”;

(e) in paragraph (8)—

(i) before sub-paragraph (a), insert—

“(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),”;”;

(ii) in sub-paragraph (c), for the full stop at the end substitute a semi-colon and, after that sub-paragraph, insert—

“(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.”.”;

(f) for paragraph (9) substitute—

“(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(3) 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”.”;

(g) in paragraph (10), in Article 32A which is inserted by that paragraph—

(i) in paragraph 4, for the words “paragraph 1” substitute “Article 4(1)”;

(ii) in paragraph 5, omit sub-paragraph (c);

(iii) after paragraph 5, insert—

“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.”.

(1)

S.I. 2019/223, amended by S.I. 2019/813. SI 2019/223 comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(2)

2013 c. 10, to which there are amendments not relevant to this instrument.

(3)

OJ No. L317, 4.11.2014, p. 35.