Article 3 Definitions

For the purposes of this Regulation, the following definitions apply:

1. (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. (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. (3)

   'invasive alien species F1of special concern' means an invasive alien species whose adverse impact has been deemed such as to require concerted action F2across Great Britain pursuant to Article 4(3);

4. (4)

   F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. (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. (6)

   'ecosystem services' means the direct and indirect contributions of ecosystems to human wellbeing;

7. (7)

   'introduction' means the movement, as a consequence of human intervention, of a species outside its natural range;

8. (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. (9)

   'contained holding' means keeping an organism in closed facilities from which escape or spread is not possible;

10. (10)

    'ex-situ conservation' means the conservation of components of biological diversity outside their natural habitat;

11. (11)

    'pathways' means the routes and mechanisms of the introduction and spread of invasive alien species;

12. (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. (13)

    'eradication' means the complete and permanent removal of a population of invasive alien species by lethal or non-lethal means;

14. (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. (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. (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. (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. (18)

    F4F5 ‘the responsible authorities’ means—

    1. (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—

       1. (i)

          each person mentioned in sub-paragraph (c);

       2. (ii)

          the Scottish Ministers; and

       3. (iii)

          in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

    2. (b)

       for the purposes of Articles 9, 16, 17 and 19(5)—

       1. (i)

          each person mentioned in sub-paragraph (c);

       2. (ii)

          the Scottish Ministers; and

       3. (iii)

          in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; and

    3. (c)

       otherwise, each person who, in relation to any particular area or matter, is the appropriate authority;

19. (19)

    ‘the other responsible authorities’ means, in relation to the appropriate authority, the responsible authorities other than itself;

20. (20)

    ‘the appropriate authority’ means—

    1. (a)

       the Secretary of State in relation to—

       1. (i)

          England;

       2. (ii)

          the offshore marine area; and

       3. (iii)

          the regulation of imports into, and exports from, the United Kingdom;

    2. (b)

       in relation to Wales, the Welsh Ministers;

21. (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. (22)

    ‘the UK marine area’ has the meaning given by section 42(1) of the Marine and Coastal Access Act 2009;

23. (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. (24)

    ‘the offshore marine area’ means—

    1. (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);

    2. (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. (25)

    ‘the Committee’ has the meaning given by Article 27;

26. (26)

    ‘the Scientific Forum’ means the forum referred to in Article 28;

27. (27)

    ‘the GB marine area’ consists of that part of the UK marine area which is not the Northern Ireland inshore region;

28. (28)

    ‘the Northern Ireland inshore region’ has the meaning given to it in section 2 of the Marine Act (Northern Ireland) 2013;

29. (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;