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

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 No. 223

Amendment of Chapter 2 (prevention)

This section has no associated Explanatory Memorandum

6.—(1) Chapter 2 is amended as follows.

(2) In Article 7(2)

(a)for “Member States” substitute “The appropriate authority”.

(3) In Article 8—

(a)in paragraph 1, for “Member States” in both places where it occurs, substitute “the appropriate authority”;

(b)in paragraph 2—

(i)for “Member States shall empower their competent authorities to” substitute “The appropriate authority may”;

(ii)in point (b), for “competent authorities” substitute “appropriate authority”;

(iii)in point (f), for “competent authority” substitute “appropriate authority”;

(c)in paragraph 4, for “competent authority” substitute “appropriate authority”;

(d)in paragraph 5, for “Member States shall empower their competent authorities to” substitute “The appropriate authority may”;

(e)omit paragraph 6;

(f)in paragraph 7, for “Member States, shall” substitute “the appropriate authority must”;

(g)in paragraph 8—

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

(ii)omit “by their competent authorities”.

(4) In Article 9—

(a)in paragraph 1—

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

(ii)omit “subject to authorisation by the Commission”;

(b)omit paragraph 2;

(c)for paragraph 3 substitute—

3.  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; and

(d)the Scottish Ministers.;

(d)in paragraph 4—

(i)in the words before point (a), for “an authorisation” substitute “a permit under paragraph 1 of this Article”;

(ii)in point (i), omit “national”;

(e)in paragraph 5—

(i)for “Authorisations granted by the Commission” substitute “Permits granted by the appropriate authority under paragraph 1 of this Article”;

(ii)for “competent authority of the Member State concerned” substitute “other responsible authorities”;

(iii)for “An authorisation”, in both places where it occurs, substitute “A permit issued under paragraph 1”;

(iv)for “the authorisation” substitute “the permit”;

(v)for “that authorisation” substitute “that permit”.

(f)in paragraph 6—

(i)for the words “Following an authorisation by the Commission, the competent authority” substitute “The appropriate authority”;

(ii)omit the last sentence;

(g)in paragraph 7—

(i)for “The Commission” substitute “The appropriate authority”;

(ii)for “an authorisation” substitute “a permit under paragraph 1”;

(h)in paragraph 8—

(i)for “The Commission” substitute “The appropriate authority”;

(ii)for “Member State concerned” substitute “other responsible authorities”.

(5) In Article 10—

(a)in paragraph 1—

(i)for “a Member State” substitute “the appropriate authority”;

(ii)for “its territory” substitute “the United Kingdom”;

(iii)for “competent authorities have” substitute “Scientific Forum has”;

(iv)for “it may” substitute “the appropriate authority may”;

(b)for paragraph 2 substitute—

2.  When introducing emergency measures under paragraph 1, the appropriate authority must notify the Scientific Forum and the Committee..

(c)in paragraph 3—

(i)for “The Member State concerned shall” substitute “The Scientific Forum must”;

(ii)omit “of the adoption” and “, with a view to include that species on the Union list”;

(d)omit paragraphs 4 and 5;

(e)in paragraph 6—

(i)for “Commission” substitute “Secretary of State”;

(ii)for “Member States shall also” substitute “the appropriate authority must”;

(iii)for “their” substitute “the”;

(f)omit paragraph 7.

(6) Omit Articles 11 and 12.

(7) In Article 13—

(a)in paragraph 1—

(i)for “Member States shall” substitute “The responsible authorities, acting jointly, must”;

(ii)for the words from “their territory” to “Directive 2008/56/EC” substitute “the United Kingdom and the UK marine area”;

(b)in paragraph 2, for “each Member State shall” substitute “the responsible authorities, acting jointly, must”;

(c)omit paragraph 3;

(d)in paragraph 4—

(i)in point (b), for “third” substitute “other”;

(ii)in point (c), for “the Union” substitute “the United Kingdom’s”;

(e)for paragraph 5 substitute—

The responsible authorities must review the action plans established under paragraph 2 at least every six years.;

(f)after paragraph 5 insert—

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..

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