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

Amendment of Chapter 3 (early detection and rapid eradication)

This section has no associated Explanatory Memorandum

7.—(1) Chapter 3 is amended as follows.

(2) In Article 14—

(a)in paragraph 1, for “Member States” substitute “the appropriate authority”;

(b)in paragraph 2—

(i)in point (a), for “the territory, including marine territorial waters, of the Member States” substitute “England, Wales and Northern Ireland”;

(ii)in point (b), for “the territory or part of the territory of a Member State” substitute “England, Wales and Northern Ireland”;

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

(3) In Article 15—

(a)in paragraph 1, for “Member States” substitute “the Secretary of State”;

(b)in paragraph 3, for the second sentence substitute “In paragraphs 4 to 6 and 8, “the competent authority” means the authority responsible for carrying out the official controls mentioned in paragraph 2.”;

(c)in paragraph 4(a)—

(i)omit “referred to in paragraph 3”;

(ii)after “in accordance with”, insert “retained EU law which implemented or transposed”;

(d)in paragraph 5—

(i)in point (b) omit “referred to in paragraph 3”;

(ii)in the second subparagraph, for “Member States” substitute “The Secretary of State”;

(e)in paragraph 6, for “Member State concerned” substitute “competent authority”;

(f)in paragraph 7, for “Member States” substitute “The Secretary of State”;

(g)in paragraph 8, for the words from “the Commission” to “shall” substitute “the Secretary of State, together with the competent authority, must”.

(4) In Article 16—

(a)in paragraph 1, for “Member States” substitute “The appropriate authority”;

(b)in paragraph 2—

(i)for “Member States” substitute “The appropriate authority”;

(ii)for “the Commission” substitute “other responsible authorities”;

(iii)omit “inform the other Member States”.

(5) In Article 17—

(a)in paragraph 1, for “the Commission and inform the other Member States” substitute “the other responsible authorities”;

(b)for “Member States”, in paragraphs 1 and 2, substitute “the appropriate authority”;

(c)for “Member States”, in paragraphs 3 and 4, substitute “The appropriate authority”;

(d)in paragraph 4—

(i)for “the Commission”, in both places where it occurs, substitute “the other responsible authorities”;

(ii)omit the last sentence.

(6) In Article 18—

(a)in paragraph 1—

(i)for “A Member State may” substitute “The responsible authorities, acting jointly, may”;

(ii)omit the second subparagraph;

(b)omit paragraphs 2 and 3;

(c)in paragraph 4—

(i)for “Member States”, in the first place where it occurs, substitute “The appropriate authority”;

(ii)for “Member States”, in the second place where it occurs, substitute “parts of the United Kingdom”;

(d)in paragraph 5—

(i)for the words from “the Commission” to “subparagraph of” substitute “the responsible authorities decide not to make a decision referred to in”;

(ii)for “the Member State concerned” substitute “the appropriate authority”;

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