OpenLegislation

Article 2 Scope

United Kingdom

Original text. Later amendments are not shown.

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;

F1(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;

F2F3(F4d)

pests of plants listed F5pursuant to Article 5(2) or Article 32(3)in F6assimilated law relating to plant health, or subject to measures pursuant to F7Article 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.

Annotations

Textual amendments

F1

Art. 2(2)(ba) inserted (13.11.2025) by The Genetic Technology (Precision Breeding) Regulations 2025 (S.I. 2025/581), reg. 1(1), Sch. 5 para. 11(2)

F2

Art. 2(2)(d): By The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)), it is provided that (31.12.2020) the words “retained EU law relating to plant health” are substituted for the words “Annex I or Annex II to Directive 2000/29/EC”; 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 2(2)(d): By The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(2)(b) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)), it is provided that (31.12.2020) the words “retained EU law relating to plant health” are substituted for the words “Article 16(3) of that Directive”; 2020 c. 1, Sch. 5 para. 1(1)

F4

Substituted by Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC.

F5

Words in Art. 2(2)(d) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(2)(a) (with reg. 1(2))

F6

Word in Art. 2(2)(d) substituted (S.) (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 111(2)(a)

F7

Words in Art. 2(2)(d) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(2)(b) (with reg. 1(2))