The Invasive Alien Species (Enforcement and Permitting) Order 2019

Articles 3, 35, 37, 39 and 40

SCHEDULE 1 U.K. Provisions of the Principal Regulation

Commencement Information

I1 Sch. 1 in force at 1.12.2019, see art. 1(1)

Table 1

Provision of the Principal Regulation	Subject matter
Article 7(1)(a) to (h)	Invasive alien species shall not be intentionally—
	-brought into the territory of [F1 the Union] [F1 Great Britain], including transit under customs supervision; - kept, including in contained holding;
	- bred, including in contained holding;
	- transported to, from or within [F1 the Union] [F1 Great Britain], except for the transportation of species to facilities in the context of eradication;
	- placed on the market;
	- used or exchanged;
	- grown, cultivated or permitted to reproduce, including in contained holding;
	- released into the environment.

Textual Amendments

F1 Words in Sch. 1 Table 1 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(a) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Table 2

Provision of the Principal Regulation	Conditions
Article 8 paragraph 2	(a) the invasive alien species [F2 of Union concern] [F2 of special concern] is kept in and handled in contained holding in accordance with Article 8(3);
	(b) the activity is to be carried out by appropriately qualified personnel as laid down by the [F3 competent authorities] [F3 appropriate authority];
	(c) transport to and from contained holding is carried out under conditions that preclude escape of the invasive alien species as established by the permit;
	(d) in the case of invasive alien species [F2 of Union concern] [F2 of 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 is to be approved by the [F4 competent authority] [F4 appropriate authority]. If an escape or spread occurs, the contingency plan is to be implemented immediately and the permit may be withdrawn, temporarily or permanently.
	The permit is to be limited to a number of invasive alien species and specimens that does not exceed the capacity of the contained holding. It must include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It must accompany the invasive alien species to which it refers at all times when those species are kept, brought into and transported within [F5 the Union] [F5 Great Britain].
Article 8 paragraph 3	3. Specimens are to 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.

Textual Amendments

F2 Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(i) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(ii) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(iii)(aa) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(iii)(bb) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)