Article 2 Scope
United Kingdom
This Regulation applies to all invasive alien species.
This Regulation does not apply to:
species changing their natural range without human intervention, in response to changing ecological conditions and climate change;
genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC;
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;
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;
species listed in Annex IV to Regulation (EC) No 708/2007 when used in aquaculture;
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
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
- 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))