Article 8 Permits

United Kingdom

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, F1the appropriate authority shall establish a permit system allowing establishments to carry out research on, or ex-situ conservation of, invasive alien species F2of 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.

F3The 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 F4appropriate 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 F5appropriate 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 If an escape or spread occurs, the contingency plan shall be implemented immediately and the permit may be withdrawn, temporarily or permanently.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 F6Great Britain.

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.

When applying for a permit, the applicant shall provide all necessary evidence to allow the F7appropriate authority to assess whether the conditions set out in paragraphs 2 and 3 are fulfilled.

F8The 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.

F96.

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For all permits issued in accordance with paragraph 1 of this Article, F10the 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.

F11The appropriate authority shall ensure that inspections are carried out F12... to ensure that the establishments comply with the conditions set out in those permits issued.

Annotations

Textual amendments

F1: Words in Art. 8(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(a) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Scottish Ministers” are substituted for the words “Member States”
F2: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (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), 2(2)(e) (with reg. 1(2))
F3: Words in Art. 8(2) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(b)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(2): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(b)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers may” are substituted for the words “Member States shall empower their competent authorities to”
F4: Words in Art. 8(2)(b) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(b)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(2)(b): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(b)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish Ministers” are substituted for the words “competent authorities”
F5: Words in Art. 8(2)(f) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(b)(iii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(2)(f): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(b)(iii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish Ministers” are substituted for the words “competent authority”
F6: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Regulation: By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(a) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the word “Scotland” is substituted for the words “the Union”
F7: Words in Art. 8(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(c) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(4): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(c) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish Ministers” are substituted for the words “competent authority”
F8: Words in Art. 8(5) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(d) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(5): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(d) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers may” are substituted for the words “Member States shall empower their competent authorities to”
F9: Art. 8(6) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (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), 4(3)(e) (with reg. 1(2))
F10: Words in Art. 8(7) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(f) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(7): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(f) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “the Scottish Ministers must” are substituted for the words “Member States, shall”
F11: Words in Art. 8(8) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(g)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 8(8): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(g)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “Member States”
F12: Words in Art. 8(8) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 6(3)(g)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 4(3)(g)(ii) (with reg. 1(2))