PART 3Amendment of retained direct EU legislation
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 32ARegulations
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.