
CHAPTER I
Article 1 
This Regulation sets out rules to prevent, minimise and mitigate the adverse impact on biodiversity of the introduction and spread within Great Britain, both intentional and unintentional, of invasive alien species.
Article 2 

1. This Regulation applies to all invasive alien species.
2. This Regulation does not apply to:
(a) species changing their natural range without human intervention, in response to changing ecological conditions and climate change;
(b) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC;
(ba) in relation to England, precision bred plants within the meaning of section 1, as read with section 2(1), of the Genetic Technology (Precision Breeding) Act 2023;
(c) pathogens that cause animal diseases; for the purpose of this Regulation, animal disease means the occurrence of infections and infestations in animals, caused by one or more pathogens transmissible to animals or to humans;
(d) pests of plants listed pursuant to Article 5(2) or Article 32(3)in  assimilated  law relating to plant health, or subject to measures pursuant to Article 30(1), of Regulation (EU) 2016/2031 of the European Parliament and of the Councilretained EU law relating to plant health;
(e) species listed in Annex IV to Regulation (EC) No 708/2007 when used in aquaculture;
(f) micro-organisms manufactured or imported for use in plant protection products already authorised or for which an assessment is ongoing under Regulation (EC) No 1107/2009; or
(g) micro-organisms manufactured or imported for use in biocidal products already authorised or for which an assessment is ongoing under Regulation (EU) No 528/2012.
Article 3 
For the purposes of this Regulation, the following definitions apply:

((1)) 'alien species' means any live specimen of a species, subspecies or lower taxon of animals, plants, fungi or micro-organisms introduced outside its natural range; it includes any part, gametes, seeds, eggs or propagules of such species, as well as any hybrids, varieties or breeds that might survive and subsequently reproduce;
((2)) 'invasive alien species' means an alien species whose introduction or spread has been found to threaten or adversely impact upon biodiversity and related ecosystem services;
((3)) 'invasive alien species of special concern' means an invasive alien species whose adverse impact has been deemed such as to require concerted action  across Great Britain   pursuant to Article 4(3);
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((5)) 'biodiversity' means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;
((6)) 'ecosystem services' means the direct and indirect contributions of ecosystems to human wellbeing;
((7)) 'introduction' means the movement, as a consequence of human intervention, of a species outside its natural range;
((8)) 'research' means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species;
((9)) 'contained holding' means keeping an organism in closed facilities from which escape or spread is not possible;
((10)) 'ex-situ conservation' means the conservation of components of biological diversity outside their natural habitat;
((11)) 'pathways' means the routes and mechanisms of the introduction and spread of invasive alien species;
((12)) 'early detection' means the confirmation of the presence of a specimen or specimens of an invasive alien species in the environment before it has become widely spread;
((13)) 'eradication' means the complete and permanent removal of a population of invasive alien species by lethal or non-lethal means;
((14)) 'population control' means any lethal or non-lethal action applied to a population of invasive alien species, while also minimising the impact on non-targeted species and their habitats, with the aim of keeping the number of individuals as low as possible, so that, while not being able to eradicate the species, its invasive capacity and adverse impact on biodiversity, the related ecosystem services, on human health or the economy, are minimised;
((15)) 'containment' means any action aimed at creating barriers which minimises the risk of a population of an invasive alien species dispersing and spreading beyond the invaded area;
((16)) 'widely spread' means an invasive alien species whose population has gone beyond the naturalisation stage, in which a population is self-sustaining, and has spread to colonise a large part of the potential range where it can survive and reproduce;
((17)) 'management' means any lethal or non-lethal action aimed at the eradication, population control or containment of a population of an invasive alien species, while also minimising the impact on non-targeted species and their habitats;
((18))  ‘the responsible authorities’ means—
(a) for the purposes of Articles 5(3), 18 and 19(6) as they apply in relation to any matter affecting the offshore marine area—
(i) each person mentioned in sub-paragraph (c);
(ii) the Scottish Ministers; and
(iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
(b) for the purposes of Articles 9, 16, 17 and 19(5)—
(i) each person mentioned in sub-paragraph (c);
(ii) the Scottish Ministers; and
(iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; and
(c) otherwise, each person who, in relation to any particular area or matter, is the appropriate authority; 
((19)) ‘the other responsible authorities’ means, in relation to the appropriate authority, the responsible authorities other than itself;
((20)) ‘the appropriate authority’ means—
(a) the Secretary of State in relation to—
(i) England;
(ii) the offshore marine area; and
(iii) the regulation of imports into, and exports from, the United Kingdom;
(b) in relation to Wales, the Welsh Ministers;
((21)) ‘the list of species of special concern’ means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time;
((22)) ‘the UK marine area’ has the meaning given by section 42(1) of the Marine and Coastal Access Act 2009;
((23))  ‘England’, ‘Scotland’ and ‘Wales’ include that part of the territorial sea which is respectively adjacent to them, and ‘Northern Ireland’ includes the Northern Ireland inshore region (except in the definition of that term);
((24)) ‘the offshore marine area’ means—
(a) any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of the continental shelf);
(b) any part of the waters within British fishery limits
												(except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);
((25)) ‘the Committee’ has the meaning given by Article 27;
((26)) ‘the Scientific Forum’ means the forum referred to in Article 28;
((27)) ‘the GB marine area’ consists of that part of the UK marine area which is not the Northern Ireland inshore region;
((28)) ‘the Northern Ireland inshore region’ has the meaning given to it in section 2 of the Marine Act (Northern Ireland) 2013;
((29)) ‘qualifying Northern Ireland goods’ has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
Article 4 

1. The Secretary of State may by regulations amend the list of species of special concern so as to add or remove species from that list on the basis of the criteria laid down in paragraph 3 of this Article. ...
2. The Secretary of State   shall undertake a comprehensive review of the list of species of special concernbefore 2nd August 2022, and before the last anniversary of that date in each subsequent period of six years  and shall, in the meantime, update it, as appropriate, in accordance with ... paragraph 1 with:
(a) the addition of new invasive alien species;
(b) the removal of listed species if they no longer meet one or more of the criteria laid down in paragraph 3.
3. Invasive alien species shall only be included on the list of species of special concern if they meet all of the following criteria:
(a) they are found, based on available scientific evidence, to be alien to the territory of Great Britain...;
(b) they are found, based on available scientific evidence, to be capable of establishing a viable population and spreading in the environment under current conditions and in foreseeable climate change conditions in  the territory of Great Britain;
(c) they are, based on available scientific evidence, likely to have a significant adverse impact on biodiversity or the related ecosystem services, and may also have an adverse impact on human health or the economy;
(d) it is demonstrated by a risk assessment carried out pursuant to Article 5(1) that concerted action across Great Britain is required to prevent their introduction, establishment or spread;
(e) it is likely that the inclusion on the list of species of special concern will effectively prevent, minimise or mitigate their adverse impact.
4. The Committee may submit to the Secretary of State   requests  from the Committee for the inclusion of invasive alien species on the list of species of special concern. Those requests shall include all of the following:
(a) the name of the species;
(b) a risk assessment carried out in accordance with Article 5(1);
(c) evidence that the criteria set out in paragraph 3 of this Article are met.
5. The list of species of special concern shall make reference, where relevant, to the goods with which the invasive alien species are generally associated and their Combined Nomenclature codes as provided by Council Regulation (EEC) No 2658/87, indicating the categories of goods that shall be subject to official controls pursuant to Article 15 of this Regulation.
6. When  amending  the list of species of special concern, the  Secretary of State   shall apply the criteria set out in paragraph 3 with due consideration to the implementation cost ..., the cost of inaction, the cost-effectiveness and the socio-economic aspects. The list of species of special concern shall include as a priority those invasive alien species that:
(a) are not yet present in Great Britain  or are at an early stage of invasion and are most likely to have a significant adverse impact;
(b) are already established in Great Britain  and have the most significant adverse impact.
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(8.  For the purposes of this Article, references to “Great Britain” are to be read as references to Great Britain and the GB marine area.
Article 5 

1. For the purposes of Article 4, a risk assessment shall be carried out in relation to the current and potential range of invasive alien species, having regard to the following elements:
(a) a description of the species with its taxonomic identity, its history, and its natural and potential range;
(b) a description of its reproduction and spread patterns and dynamics including an assessment of whether the environmental conditions necessary for its reproduction and spread exist;
(c) a description of the potential pathways of introduction and spread of the species, both intentional and unintentional, including where relevant the commodities with which the species is generally associated;
(d) a thorough assessment of the risk of introduction, establishment and spread in relevant biogeographical regions in current conditions and in foreseeable climate change conditions;
(e) a description of the current distribution of the species, including whether the species is already present in Great Britain or in neighbouring countries, and a projection of its likely future distribution;
(f) a description of the adverse impact on biodiversity and related ecosystem services, including on native species, protected sites, endangered habitats, as well as on human health, safety, and the economy including an assessment of the potential future impact having regard to available scientific knowledge;
(g) an assessment of the potential costs of damage;
(h) a description of the known uses for the species and social and economic benefits deriving from those uses.
2. When the Secretary of State proposes to amend the list of species of special concern under Article 4(1), the Scientific Forum must carry out the risk assessment referred to in paragraph 1.Whenever the Committee submits a request for the inclusion of a species on the list of species of special concernthe Scientific Forum is responsible for carrying out the risk assessment referred to in paragraph 1....
3. The responsible authorities, acting jointly, may  specify the type of evidence acceptable for the purposes of point (b) of Article 4(3) and provide a detailed description of the application of points (a) to (h) of paragraph 1 of this Article. The detailed description shall include the methodology to be applied in the risk assessments, taking into account relevant national and international standards and the need to prioritise action against invasive alien species associated with, or that have the potential to cause, a significant adverse impact on biodiversity or related ecosystem services, as well as on human health or the economy, such adverse impact being considered as an aggravating factor.  Before taking any action under this paragraph, the responsible authorities, acting jointly, must consult the Scientific Forum and such other experts as they consider appropriate.
Article 6 
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CHAPTER II
Article 7 

1. Invasive alien species of special concern shall not be intentionally:
(a) brought into the territory of Great Britain, including transit under customs supervision;
(b) kept, including in contained holding;
(c) bred, including in contained holding;
(d) transported to, from or within Great Britain, except for the transportation of species to facilities in the context of eradication;
(e) placed on the market;
(f) used or exchanged;
(g) permitted to reproduce, grown or cultivated, including in contained holding; or
(h) released into the environment.
2. The appropriate authority shall take all necessary steps to prevent the unintentional introduction or spread, including, where applicable, by gross negligence, of invasive alien species of special concern.
Article 8 

1. By way of derogation from the restrictions set out in points (a), (b), (c), (d), (f) and (g) of Article 7(1), and subject to paragraph 2 of this Article, the appropriate authority   shall establish a permit system allowing establishments to carry out research on, or ex-situ conservation of, invasive alien species of special concern. Where the use of products derived from invasive alien species of special concern is unavoidable to advance human health, the appropriate authority may also include scientific production and subsequent medicinal use within their permit system.
2. The appropriate authority may  issue the permits referred to in paragraph 1 for activities carried out in contained holding that fulfil all of the following conditions:
(a) the invasive alien species of special concern is kept in and handled in contained holding in accordance with paragraph 3;
(b) the activity is to be carried out by appropriately qualified personnel as laid down by the appropriate authority;
(c) transport to and from contained holding is carried out under conditions that exclude escape of the invasive alien species as established by the permit;
(d) in the case of invasive alien species 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 shall be approved by the appropriate authority. If an escape or spread occurs, the contingency plan shall be implemented immediately and the permit may be withdrawn, temporarily or permanently.The permit referred to in paragraph 1 shall be limited to a number of invasive alien species and specimens that does not exceed the capacity of the contained holding. It shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It shall accompany the invasive alien species to which it refers at all times when those species are kept, brought into and transported within Great Britain.
3. Specimens shall 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.
4. When applying for a permit, the applicant shall provide all necessary evidence to allow the appropriate authority  to assess whether the conditions set out in paragraphs 2 and 3 are fulfilled.
5. The appropriate authority may  withdraw the permit at any point in time, temporarily or permanently, if unforeseen events with an adverse impact on biodiversity or related ecosystem services occur. Any withdrawal of a permit shall be justified on scientific grounds and, where scientific information is insufficient, on the grounds of the precautionary principle and having due regard to national administrative rules.
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7. For all permits issued in accordance with paragraph 1 of this Article, the appropriate authority must, without delay, make publicly available on the internet at least the following:
(a) the scientific and common names of the invasive alien species of special concern for which the permit has been issued;
(b) the number or the volume of specimens concerned;
(c) the purpose for which the permit has been issued; and
(d) the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87.
8. The appropriate authority  shall ensure that inspections are carried out ... to ensure that the establishments comply with the conditions set out in those permits issued.
Article 9 

1. In exceptional cases, for reasons of compelling public interest, including those of a social or economic nature, the appropriate authority  may issue permits allowing establishments to carry out activities other than those set out in Article 8(1) ..., in accordance with the procedure laid down in this Article and subject to the conditions set out in Article 8(2) and (3).
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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.
4. An application for a permit under paragraph 1 of this Article  shall include the following:
(a) details of the establishment or groups of establishments including their name and address;
(b) the scientific and common names of the invasive alien species of special concern for which an authorisationa permit  is requested;
(c) the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87;
(d) the number or the volume of specimens concerned;
(e) the reasons for the requested authorisationpermit;
(f) a detailed description of the envisaged measures to ensure that escape or spread are not possible from contained holding facilities in which the invasive alien species of special concern is to be kept in and handled, as well as of the measures to ensure that any transport of the species that may be necessary is carried out under conditions that exclude escape;
(g) an assessment of the risk of escape of the invasive alien species of special concern for which an authorisationa permit is requested, accompanied by a description of the risk mitigation measures to be put in place;
(h) a description of the surveillance system planned and of the contingency plan drawn to cater for possible escape or spread, including an eradication plan where necessary;
(i) a description of relevant ... law applicable to those establishments.
5. Permits granted by the appropriate authority under paragraph 1 of this Article  shall be notified to the other responsible authorities. A permit issued under paragraph 1 shall be specific to an individual establishment, irrespective of the application procedure followed in accordance with point (a) of paragraph 4, and shall include the information referred to in paragraph 4 and the duration of the permit. A permit issued under paragraph 1 shall also include provisions regarding the supply to the establishment of additional or replacement specimens for use in the activity for which that permit is requested.
6. The appropriate authority  may issue the permit referred to in paragraph 1 of this Article in accordance with Article 8(4) to (8). ...
7. The appropriate authority  shall reject an application for a permit under paragraph 1 if any relevant obligations set out in this Regulation are not complied with.
8. The appropriate authority  shall, as soon as possible, inform the  other responsible authorities   of any rejection of an application pursuant to paragraph 7 and shall specify the reason for the rejection.
Article 10 

1. Where the appropriate authority  has evidence concerning the presence in, or imminent risk of introduction into Great Britain  of an invasive alien species, which is not included on the list of species of special concern but which the Scientific Forum has  found, on the basis of preliminary scientific evidence, to be likely to meet the criteria set out in Article 4(3), the appropriate authority may by regulations  immediately take emergency measures, consisting of any of the restrictions set out in Article 7(1).
2. When introducing emergency measures under paragraph 1, the appropriate authority must notify the Scientific Forum and the Committee.
3. The Scientific Forum must  without delay carry out a risk assessment pursuant to Article 5 for the invasive alien species subject to the emergency measures, given the available technical and scientific information, and in any case within 24 months from the date  on which the emergency measures come into force.
(3A. Emergency measures may not apply for a period exceeding 2 years.
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6. Where the Secretary of State includes the invasive alien species on the list of species of special concern before the end of the period referred to in paragraph 3A, the appropriate authority must repeal or amend the emergency measures.
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Article 11 
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Article 12 
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Article 13 

1. The responsible authorities, acting jointly, must, within 18 months of  IP completion day and in respect of the adoption of the list of species of special concern carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species of special concern at least in  Great Britain and the GB marine area, and identify the pathways which require priority action ('priority pathways') because of the volume of species or of the potential damage caused by the species entering Great Britain through those pathways.
2. Within three years of  IP completion day and in respect of the adoption of the list of species of special concern, the responsible authorities, acting jointly, must  establish and implement one single action plan or a set of action plans to address the priority pathways it has identified pursuant to paragraph 1. Action plans shall include timetables for action and shall describe the measures to be adopted and, as appropriate, voluntary actions and codes of good practice, to address the priority pathways and to prevent the unintentional introduction and spread of invasive alien species into or within Great Britain.
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4. The action plans referred to in paragraph 2 of this Article shall include, in particular, measures based on an analysis of costs and benefits, in order to:
(a) raise awareness;
(b) minimise contamination of goods, commodities, vehicles and equipment by specimens of invasive alien species, including measures to tackle transportation of invasive alien species from other countries;
(c) ensure appropriate checks at Great Britain’s borders, other than the official controls pursuant to Article 15.
5. The responsible authorities must review the action plans established under paragraph 2 at least every six years.
(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.
CHAPTER III
Article 14 

1. Within 18 months of  IP completion day and in respect of the adoption of the list of species of special concern, the appropriate authority  shall establish a surveillance system of invasive alien species of special concern, or include it in their existing system, which collects and records data on the occurrence in the environment of invasive alien species by survey, monitoring or other procedures to prevent the spread of invasive alien species into or within Great Britain.
2. The surveillance system referred to in paragraph 1 of this Article shall:
(a) cover England and Wales  to determine the presence and distribution of new as well as already established invasive alien species of special concern;
(b) be sufficiently dynamic to detect rapidly the appearance in the environment of England and Wales  of any invasive alien species of special concern, whose presence was previously unknown;
(c) build upon, be compatible with, and avoid duplication of relevant provisions for assessment and monitoring laid down by  assimilated  law or under international agreements and make use of the information provided by the existing systems of surveillance and monitoring set out in assimilated law which transposed Article 11 of Directive 92/43/EEC, Article 8 of Directive 2000/60/EC and Article 11 of Directive 2008/56/EC;
(d) take into account the relevant transboundary impact and transboundary features, to the extent possible.
Article 15 

1. By 2 January 2016, the Secretary of State shall have in place fully functioning structures to carry out the official controls necessary to prevent the intentional introduction into Great Britain of invasive alien species of special concern. Those official controls shall apply to the categories of goods falling within the Combined Nomenclature codes to which a reference is made in the list of species of special concern, pursuant to Article 4(5).
2. Competent authorities shall carry out the appropriate risk-based controls to the goods mentioned in paragraph 1 of this Article verifying that:
(a) they are not on the list of species of special concern; or
(b) they are covered by a valid permit as referred to in Article 8.
3. The controls referred to in paragraph 2 of this Article, consisting of documentary, identity and where necessary, physical checks, shall take place when goods referred to in paragraph 1 of this Article are brought into Great Britain. In paragraphs 4 to 6 and 8, “the competent authority” means the authority responsible for carrying out the official controls mentioned in paragraph 2.
4. The handling in free zones or free warehouses and the placing of goods referred to in paragraph 1 under the customs procedures of release for free circulation, transit, customs warehousing, inward processing, processing under customs control and temporary admission shall be subject to the declaration to the customs authorities of:
(a) the relevant entry document duly completed by the competent authorities ... attesting that the conditions referred to in paragraph 2 of this Article are met, in cases where the controls have been carried out at border entities in accordance with Regulation (EC) No 882/2004 and  assimilated  law which transposed Directives 91/496/EEC and 97/78/EC or at  points of entry as defined in  point (j) of Article 2(1) of Directive 2000/29/EC. The customs procedure indicated therein shall be followed; or
(b) where goods are not subject to official controls according to assimilated  law, other documentary evidence that the controls have been carried out with satisfactory results and the subsequent entry document.Those documents may also be submitted electronically.
5. If the controls establish non-compliance with this Regulation:
(a) customs authorities shall suspend the placing under a customs procedure or detain the goods;
(b) competent authorities ... shall detain the goods.Where goods are detained, they shall be entrusted to the competent authority in charge of applying this Regulation. That authority shall act in accordance with national legislation. The Secretary of State may delegate specific functions to other authorities.
6. Costs incurred while the verification is carried out and those arising from any non-compliance shall be at the expense of the natural or legal person within Great Britain who brought the goods into Great Britain....
7. The Secretary of States  shall put in place procedures to ensure the exchange of relevant information and the efficient and effective coordination and cooperation between all authorities involved for the verification referred to in paragraph 2.
8. Based on best practices, the Secretary of State, together with the competent authority, must develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of special concern and the performance of efficient and effective controls.
9. Where permits have been issued in accordance with Article 8, reference to a valid permit covering the declared goods shall be made in the customs declaration or relevant notifications to the border entity.
Article 16 

1. The appropriate authority  shall use the surveillance system established in accordance with Article 14 and the information collected at official controls provided for by Article 15 to confirm early detection of the introduction or presence of invasive alien species of special concern.
2. The appropriate authority  shall without delay notify the other responsible authorities, in writing, of the early detection of the introduction or presence of invasive alien species of special concern and ..., in particular of:
(a) the appearance on their territory or part of their territoryin Scotland  of any species included on the list of species of special concern whose presence was previously unknown in their territory or in part of their territoryScotland;
(b) the re-appearance on their territory or part of their territoryin Scotland of any species included on the list of species of special concern after it has been reported as eradicated.
Article 17 

1. After early detection and within three months after the transmission of the early detection notification referred to in Article 16, the appropriate authority must  apply eradication measures and notify those measures to the other responsible authorities.
2. When applying eradication measures, the appropriate authority must  ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned, with due regard to human health and the environment, especially non-targeted species and their habitats, and ensuring that animals are spared any avoidable pain, distress or suffering.
3. The appropriate authority must  monitor the effectiveness of the eradication. The appropriate authority may  use the surveillance system provided for in Article 14 to this effect. The monitoring shall also assess the impact on non-targeted species, as appropriate.
4. The appropriate authority must  inform the other responsible authorities of the effectiveness of the measures taken and notify the other responsible authorities  when a population of an invasive alien species of special concern has been eradicated. ...
Article 18 

1. The responsible authorities, acting jointly, may, based on robust scientific evidence, decide, within two months of the detection of an invasive alien species referred to in Article 16, not to apply eradication measures if at least one of the following conditions is met:
(a) eradication is demonstrated to be technically unfeasible because the eradication methods available cannot be applied in the environment where the invasive alien species is established;
(b) a cost-benefit analysis demonstrates on the basis of the available data with reasonable certainty that the costs will, in the long term, be exceptionally high and disproportionate to the benefits of eradication;
(c) eradication methods are not available or are available but have very serious adverse impact on human health, the environment or other species....
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4. The appropriate authority  shall ensure that containment measures are in place to avoid further spread of the invasive alien species to other  parts of  Great Britain  when, pursuant to paragraph 1, no eradication measures are applied.
5. Where the responsible authorities decide not to make a decision referred to in  paragraph 1 of this Article, the appropriate authority  shall apply the eradication measures referred to in Article 17 without delay.
6. Where the  responsible authorities make a decision referred to in  paragraph   1 of this Article, the invasive alien species shall be subject to the management measures referred to in Article 19.
CHAPTER IV
Article 19 

1. Within 18 months of an invasive alien species being included on the list of species of special concern, the appropriate authority  shall have in place effective management measures for those invasive alien species of special concern which the appropriate authority has  found to be widely spread  on the territory for which it is responsible, so that their impact on biodiversity, the related ecosystem services, and, where applicable, on human health or the economy are minimised.Those management measures shall be proportionate to the impact on the environment and appropriate to the specific circumstances of the constituent part of Great Britain, be based on an analysis of costs and benefits and also include, as far as is feasible, the restoration measures referred to in Article 20. They shall be prioritised based on the risk evaluation and their cost effectiveness.
2. The management measures shall consist of lethal or non-lethal physical, chemical or biological actions aimed at the eradication, population control or containment of a population of an invasive alien species. Where appropriate, management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions. The commercial use of already established invasive alien species may be temporarily allowed as part of the management measures aimed at their eradication, population control or containment, under strict justification and provided that all appropriate controls are in place to avoid any further spread.
3. When applying management measures and selecting methods to be used, the appropriate authority  shall have due regard to human health and the environment, especially non-targeted species and their habitats, and shall ensure that, when animals are targeted, they are spared any avoidable pain, distress or suffering, without compromising the effectiveness of the management measures.
4. The surveillance system provided for in Article 14 shall be designed and used to monitor the effectiveness of eradication, population control or containment measures in minimising the impact on biodiversity, the related ecosystems services and, where applicable, on human health or the economy. The monitoring shall also assess the impact on non-targeted species, as appropriate.
5. Where there is a significant risk that an invasive alien species of special concern will spread to another part of the United Kingdom, the appropriate authority in which that species is present   shall immediately notify the other responsible authorities. ...
(6. Following a notification under paragraph 5 which relates to the offshore marine area, where appropriate the responsible authorities shall establish jointly agreed management measures.
Article 20 

1. The appropriate authority shall carry out appropriate restoration measures to assist the recovery of an ecosystem that has been degraded, damaged, or destroyed by invasive alien species of special concern unless a cost-benefit analysis demonstrates, on the basis of the available data and with reasonable certainty, that the costs of those measures will be high and disproportionate to the benefits of restoration.
2. The restoration measures referred to in paragraph 1 shall include at least the following:
(a) measures to increase the ability of an ecosystem exposed to disturbance caused by the presence of invasive alien species of special concern to resist, absorb, accommodate to and recover from the effects of disturbance;
(b) measures to support the prevention of reinvasion following an eradication campaign.
CHAPTER V
Article 21 
In accordance with the polluter pays principle the appropriate authority  shall aim to recover the costs of the measures needed to prevent, minimise or mitigate the adverse impact of invasive alien species, including environmental and resources costs as well as the restoration cost.
Article 22 

1. The appropriate authority  shall, when complying with its  obligations under this Regulation, make every effort to ensure close coordination with other countries concerned and, where practical and appropriate, use existing structures arising from regional or international agreements.  In particular the appropriate authority concerned shall endeavour to ensure coordination with other countries that share:
(a) the same marine subregions  specified in  Article 4(2) of Directive 2008/56/EC, regarding marine species;
(b) the same biogeographical region  specified in  point (iii) of point (c) of Article 1 of Directive 92/43/EEC, regarding non-marine species;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) any other common concern.The Secretary of State must also endeavour to ensure co-ordination with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and with the Republic of Ireland.
2. The appropriate authority  shall, when complying with  its  obligations under this Regulation, endeavour to cooperate with  other  countries, as appropriate, including by using existing structures arising from regional or international agreements, for the purpose of meeting the objectives of this Regulation.
3. For the purposes of paragraph 1(a), the reference to Article 4(2) of Directive 2008/56/EC is to be read as if, in that Article—
(a) for the words before point (a) there were substituted “
                                The marine sub-regions are—
                              ”;
(b) the words after point (b) were omitted.
Article 23 
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CHAPTER VI
Article 24 

1. By 1 June 20192025, and every six years thereafter, the responsible authorities  shall update and publish the following:
(a) a description, or an updated version thereof, of the surveillance system pursuant to Article 14 and of the official control system on alien species entering Great Britain pursuant to Article 15;
(b) the distribution of the invasive alien species of special concern in accordance with Article 11(2) present in their territory, including information regarding migratory or reproductive patterns;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the action plans referred to in Article 13(2);
(e) aggregated information covering England and Wales  on the eradication measures taken in accordance with Article 17, the management measures undertaken in accordance with Article 19, their effectiveness, and their impact on non-targeted species;
(f) the number of the permits referred to in Article 8 and the purpose for which they were issued;
(g) measures taken to inform the public about the presence of an invasive alien species and any actions that citizens have been requested to take;
(h) the inspections required under Article 8(8); and
(i) information on the cost of action undertaken to comply with this Regulation, when available.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. By 1 June 2021, the  responsible authorities, acting jointly, must review the application of this Regulation including the list of species of special concern, the action plans referred to in Article 13(2), the surveillance system, customs controls, eradication obligation and management obligations, and   publish a report. That review shall also examine ... the need for and the feasibility of, including species native to Great Britain  in the list of species of special concern....
4. The responsible authorities, acting jointly, may specify the technical formats for reporting in order to simplify and streamline reporting obligations ... in relation to the information pursuant to paragraph 1 of this Article. ...
Article 25 
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Article 26 

(1. Where action plans are being established pursuant to Article 13 of this Regulation and where management measures are put in place pursuant to Article 19 of this Regulation, the appropriate authority  shall ensure that the public is given early and effective opportunities to participate in their preparation, modification or review, using the arrangements already determined by the appropriate authority in accordance with the second subparagraph of Article 2(3) of Directive 2003/35/EC.
(2. 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 that Article 2(3) to “Member States” included Great Britain.
Article 27 

1. The  responsible authorities  and the Scottish Ministers   shall be assisted by a committeethe committee constituted under Article 27 of the UK Invasive Alien Species Regulation. ...
2. The responsible authorities and the Scottish Ministers, acting jointly, may appoint members to the Committee.
3. The Committee may determine its rules of procedure
Article 28 
The responsible authorities and the Scottish Ministers  shall ensure the participation of representatives of the scientific community ... in providing advice on any scientific question related to the application of this Regulation, in particular as regards Articles 4, 5, 9, 10 and 18. Those representatives shall meet in a scientific forum. The rules of procedure of that forum shall be established by the responsible authorities and the Scottish MinistersThe scientific forum is established by Article 28 of the UK Invasive Alien Species Regulation as amended by the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019.
Article 29 
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Article 30 
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Article 31 

1. By way of derogation from points (b) and (d) of Article 7(1),  and, in relation to introduction into Great Britain from Northern Ireland, point (a) of Article 7(1), owners of companion animals not kept for commercial purposes that belong to the invasive alien species included on the list of species of special concern shall be allowed to keep them until the end of the animals' natural life, provided the following conditions are met:
(a) the animals were kept before their inclusion on the list of species of special concern;
(b) the animals are kept in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible.
2. The responsible authorities  shall take all reasonable steps to inform non-commercial owners of the risks posed by keeping the animals referred to in paragraph 1 and of the measures to be taken to minimise the risk of reproducing and escaping through awareness-raising and education programmes organised by the responsible authorities.
3. Non-commercial owners who cannot ensure that the conditions set out in paragraph 1 are met, shall not be permitted to keep the animals concerned. The responsible authorities  may offer them the possibility of having their animals taken from them. Where this occurs, due regard to animal welfare shall be given.
4. The animals referred to in paragraph 3 of this Article may be kept by the establishments referred to in Article 8 or in facilities established by the responsible authorities  for that purpose.
(5. The references to “establishments” and “facilities” in paragraph 4 of this Article include establishments and facilities permitted or established (as the case may be) in Scotland by the Scottish Ministers for that purpose.
Article 32 

1. Keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list of species of special concern shall be allowed up to two years after inclusion of the species on that list to keep, transport and, in relation to qualifying Northern Ireland goods, introduce into Great Britain  live specimens or reproducible parts of those species in order to sell or transfer them to the research or ex-situ conservation establishments and for the purposes of medicinal activities referred to in Article 8, provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible; or in order to slaughter or humanely cull those specimens to exhaust their stock.
(1A. The reference in paragraph 1 to “research or ex-situ conservation establishments and for the purposes of medicinal activities referred to in Article 8” includes establishments or activities referred to in Article 8 for which a permit has been issued by the Scottish Ministers in relation to Scotland, or by the Department of Agriculture, Environment and Rural Affairs in relation to Northern Ireland.
(1B. So far as paragraph 1A relates to permits issued in relation to Northern Ireland, the reference in that sub-paragraph to Article 8 is to Article 8 of Regulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species, as it has effect in Northern Ireland by virtue of section 7A of the European Union (Withdrawal) Act 2018.
2. The sale or transfer of live specimens to non-commercial users  and, in relation to live specimens that are qualifying Northern Ireland goods, introduction into Great Britain for any such purposes shall be allowed for one year after inclusion of the species on the list of species of special concern provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible.
3. Where a permit has been issued in accordance with Article 6 of Regulation (EC) No 708/2007 for an aquaculture species that is subsequently included on the list of species of special concern, and the duration of the permit exceeds the period referred to in paragraph 1 of this Article, the  appropriate authority   shall withdraw the permit in accordance with Article 12 of Regulation (EC) No 708/2007 by the end of the period referred to in paragraph 1 of this Article.
Article 32A 

(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  Article 4(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.
(6. The Secretary of State may not—
(a) without the consent of the Scottish Ministers and the Welsh Ministers, make regulations under Article 10(1) which introduce controls on the introduction of species into Great Britain or their transportation from Great Britain;
(b) without the consent of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, make any such regulations which apply in the offshore marine area.

                      Article 32B
                     

(1. Regulations under Articles 4 and 10 are subject to the negative procedure.
(2. Regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments),
(b) make different provision for different purposes.
Article 33 
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