CHAPTER IIPREVENTION
Article 7Restrictions
1.
Invasive alien species F1of special concern shall not be intentionally:
(a)
brought into the territory of F2Great Britain, including transit under customs supervision;
(b)
kept, including in contained holding;
(c)
bred, including in contained holding;
(d)
transported to, from or within F2Great Britain, except for the transportation of species to facilities in the context of eradication;
(e)
placed on the market;
(f)
used or exchanged;
(g)
permitted to reproduce, grown or cultivated, including in contained holding; or
(h)
released into the environment.
2.
Article 8Permits
1.
By way of derogation from the restrictions set out in points (a), (b), (c), (d), (f) and (g) of Article 7(1), and subject to paragraph 2 of this Article, F4the appropriate authority shall establish a permit system allowing establishments to carry out research on, or ex-situ conservation of, invasive alien species F1of special concern. Where the use of products derived from invasive alien species F1of special concern is unavoidable to advance human health, F4the appropriate authority may also include scientific production and subsequent medicinal use within their permit system.
2.
F5The appropriate authority may issue the permits referred to in paragraph 1 for activities carried out in contained holding that fulfil all of the following conditions:
(a)
the invasive alien species F1of special concern is kept in and handled in contained holding in accordance with paragraph 3;
(b)
the activity is to be carried out by appropriately qualified personnel as laid down by the F6appropriate authority;
(c)
transport to and from contained holding is carried out under conditions that exclude escape of the invasive alien species as established by the permit;
(d)
in the case of invasive alien species F1of special concern that are animals, they are marked or otherwise effectively identified where appropriate, using methods that do not cause avoidable pain, distress or suffering;
(e)
the risk of escape or spread or removal is effectively managed, taking into account the identity, biology and means of dispersal of the species, the activity and the contained holding envisaged, the interaction with the environment and other relevant factors;
(f)
a continuous surveillance system and a contingency plan covering possible escape or spread is drawn up by the applicant, including an eradication plan. The contingency plan shall be approved by the F7appropriate authority. If an escape or spread occurs, the contingency plan shall be implemented immediately and the permit may be withdrawn, temporarily or permanently.
The permit referred to in paragraph 1 shall be limited to a number of invasive alien species and specimens that does not exceed the capacity of the contained holding. It shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It shall accompany the invasive alien species to which it refers at all times when those species are kept, brought into and transported within F2Great Britain.
3.
Specimens shall be considered to be kept in contained holding if the following conditions are fulfilled:
(a)
the specimens are physically isolated and they cannot escape or spread or be removed by unauthorised persons from the holdings where they are kept;
(b)
cleaning, waste handling and maintenance protocols ensure that no specimens or reproducible parts can escape, spread or be removed by unauthorised persons;
(c)
the removal of the specimens from the holdings, disposal or destruction or humane cull is done in such way as to exclude propagation or reproduction outside of the holdings.
4.
When applying for a permit, the applicant shall provide all necessary evidence to allow the F8appropriate authority to assess whether the conditions set out in paragraphs 2 and 3 are fulfilled.
5.
F9The appropriate authority may withdraw the permit at any point in time, temporarily or permanently, if unforeseen events with an adverse impact on biodiversity or related ecosystem services occur. Any withdrawal of a permit shall be justified on scientific grounds and, where scientific information is insufficient, on the grounds of the precautionary principle and having due regard to national administrative rules.
F106.
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7.
For all permits issued in accordance with paragraph 1 of this Article, F11the appropriate authority must, without delay, make publicly available on the internet at least the following:
(a)
the scientific and common names of the invasive alien species F1of special concern for which the permit has been issued;
(b)
the number or the volume of specimens concerned;
(c)
the purpose for which the permit has been issued; and
(d)
the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87.
8.
Article 9Authorisations
1.
In exceptional cases, for reasons of compelling public interest, including those of a social or economic nature, F14the appropriate authority may issue permits allowing establishments to carry out activities other than those set out in Article 8(1) F15..., in accordance with the procedure laid down in this Article and subject to the conditions set out in Article 8(2) and (3).
F162.
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F173.
Before issuing a permit under paragraph 1 of this Article, the appropriate authority must consult and have regard to the opinions of—
(a)
the Committee;
(b)
the Scientific Forum;
(c)
the other responsible authorities.
4.
An application for F18a permit under paragraph 1 of this Article shall include the following:
(a)
details of the establishment or groups of establishments including their name and address;
(b)
(c)
the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87;
(d)
the number or the volume of specimens concerned;
(f)
a detailed description of the envisaged measures to ensure that escape or spread are not possible from contained holding facilities in which the invasive alien species F1of special concern is to be kept in and handled, as well as of the measures to ensure that any transport of the species that may be necessary is carried out under conditions that exclude escape;
(g)
(h)
a description of the surveillance system planned and of the contingency plan drawn to cater for possible escape or spread, including an eradication plan where necessary;
(i)
a description of relevant F21... law applicable to those establishments.
5.
F22Permits granted by the appropriate authority under paragraph 1 of this Article shall be notified to the F23other responsible authorities. F24A permit issued under paragraph 1 shall be specific to an individual establishment, irrespective of the application procedure followed in accordance with point (a) of paragraph 4, and shall include the information referred to in paragraph 4 and the duration of F25the permit. F24A permit issued under paragraph 1 shall also include provisions regarding the supply to the establishment of additional or replacement specimens for use in the activity for which F26that permit is requested.
6.
7.
8.
Article 10Emergency measures
1.
Where F33the appropriate authority has evidence concerning the presence in, or imminent risk of introduction into F34Great Britain of an invasive alien species, which is not included on the F35list of species of special concern but which the F36Scientific Forum has found, on the basis of preliminary scientific evidence, to be likely to meet the criteria set out in Article 4(3), F37the appropriate authority may by regulations immediately take emergency measures, consisting of any of the restrictions set out in Article 7(1).
F382.
When introducing emergency measures under paragraph 1, the appropriate authority must notify the Scientific Forum and the Committee.
3.
F39The Scientific Forum must without delay carry out a risk assessment pursuant to Article 5 for the invasive alien species subject to the emergency measures, given the available technical and scientific information, and in any case within 24 months from the date F40on which the emergency measures come into force.
F41(3A.
Emergency measures may not apply for a period exceeding 2 years.
F424.
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F425.
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F436.
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.
F447.
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F45Article 11Invasive alien species of regional concern and species native to the Union
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F46Article 12Invasive alien species of Member State concern
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Article 13Action plans on the pathways of invasive alien species
1.
F47The responsible authorities, acting jointly, must, within 18 months of F48IP completion day and in respect of the adoption of the F35list of species of special concern carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species F1of special concern at least in F49Great Britain and the GB marine area, and identify the pathways which require priority action ('priority pathways') because of the volume of species or of the potential damage caused by the species entering F2Great Britain through those pathways.
2.
Within three years of F50IP completion day and in respect of the adoption of the F35list of species of special concern, F51the responsible authorities, acting jointly, must establish and implement one single action plan or a set of action plans to address the priority pathways it has identified pursuant to paragraph 1. Action plans shall include timetables for action and shall describe the measures to be adopted and, as appropriate, voluntary actions and codes of good practice, to address the priority pathways and to prevent the unintentional introduction and spread of invasive alien species into or within F2Great Britain.
F523.
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4.
The action plans referred to in paragraph 2 of this Article shall include, in particular, measures based on an analysis of costs and benefits, in order to:
(a)
raise awareness;
(b)
minimise contamination of goods, commodities, vehicles and equipment by specimens of invasive alien species, including measures to tackle transportation of invasive alien species from F53other countries;
F565.
The responsible authorities must review the action plans established under paragraph 2 at least every six years.
F57(6.
In this Article and Article 14, the date of adoption of the list of species of special concern is to be taken to be 2nd August 2016.