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.