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

Amendment of Chapter 6 (final provisions)

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 “England, Wales and Northern Ireland”;

(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 the United Kingdom.”.

(5) In Article 27—

(a) in paragraph 1—

(i) for “Commission” substitute “responsible authorities”;

(ii) omit the second sentence;

(b) for paragraphs 2 and 3 substitute—

“2.   The responsible authorities, 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”;

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

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

(7) Omit Article 29 and 30.

(8) In Article 31—

(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”.

(9) In Article 32, for “Member State” substitute “appropriate authority”.

(10) After Article 32, insert—

“Article 32A 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 paragraph 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;

(c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs .”.

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