CONTROL OF INVASIVE ALIEN SPECIES OF EUROPEAN UNION CONCERN REGULATIONS

EUROPEAN UNION CONCERN

SUBSIDIARY LEGISLATION 549.119

CONTROL OF INVASIVE ALIEN SPECIES OF

EUROPEAN UNION CONCERN REGULATIONS

1st December, 2017

LEGAL NOTICE 337 of 2017.

The title of these regulations is the Control of Invasive

Alien Species of European Union Concern Regulations.

These regulations provide the provisions required for the

implementation of Regulation (EU) No. 1143/2014 on the prevention and

management of the introduction and spread of invasive alien species in

Malta.

For the purpose of these regulations and unless the context

otherwise requires the following definitions shall apply. In addition, unless

already defined in these regulations, the terms defined in Regulation (EU)

No. 1143/2014 shall also apply:-

"the competent authority" means the Environment and

Resources Authority as established in Article 6 of the Act;

"Invasive Alien Species Regulation", hereinafter abbreviated

as "IAS Regulation" means the Regulation (EU) No. 1143/2014 on

the prevention and management of the introduction and spread of

invasive alien species;

"List of invasive alien species of Union concern" or "Union

list" means the list of invasive alien species of Union concern

adopted by means of implementing acts through the provisions of the

IAS Regulation;

"related regulations" includes the Trade in Species of Fauna

and Flora Regulations and the Flora, Fauna and Natural Habitats

Protection Regulations and the Trees and Woodlands Protection

Regulations;

"specimen" means any species, in any stage of its life cycle,

whether alive or dead, whether whole or in part, whether in the

original form or after having undergone any transformation. It

includes any part or derivative thereof, as well as any other goods

which appear, from an accompanying document, the packaging or a

mark or label, or from any other circumstances, to be parts or

derivatives.

Without prejudice to the Flora, Fauna and Natural

Habitats Protection Regulations, the competent authority may take all

necessary measures for the eradication, control, prevention and

monitoring of species included in the Union list.

EUROPEAN UNION CONCERN

By way of derogation from the prohibitions set out in

points (a), (b), (c), (d), (f) and (g) of Article 7(1) of the IAS Regulation

the competent authority may issue a permit for any species included in

the Union list to allow

(i)

bona fide scientific studies;

(ii)

ex situ conservation; or

(iii)

the scientific production and subsequent

medicinal use, where the use of products derived from species

included in the Union list is unavoidable to advance human

health.

Provided further that in exceptional cases, for reasons of

compelling public interest, including those of a social or economic

nature, the competent authority may also issue permits which shall

allow establishments to carry out activities other than those mentioned

in the preceding paragraph. Such permits shall be issued in accordance

with the provisions of Article 9 of the IAS Regulation.

(1)

The competent authority may suspend or revoke

any permit issued under these regulations, as provided in Article 8(5)

of the IAS Regulation.

(2) Whenever the competent authority issues a permit, it may

impose such conditions as it may deem fit and appropriate.

(3) Whenever the competent authority refuses such

permission, it shall inform the applicant the reasons for such refusal.

(4) Without prejudice to any other obligations and conditions

laid down by the competent authority, a permit holder is obliged to

submit within a month from the expiry of the permit or at the end of

the calendar year, whichever is the earliest

(a)

a detailed report of the activities undertaken;

(b)

the aim and what field of work or activity was

carried out;

(c)

the methodology employed;

(d)

the outcome and results achieved in connection

with the permit; and

(e)

the methods employed to transfer, dispose or

cull the concerned specimens subsequent to the permitted

activity.

(5) A copy of any published results and other publications

relevant to this permit shall reach the competent authority within three

EUROPEAN UNION CONCERN

months from the date of publication.

(6) The period of validity of such permit shall also be

established at the discretion of the competent authority, provided that

the validity of the permit does not exceed one calendar year.

(7) The competent authority shall not issue or renew any

permit if the applicant in question has not fulfilled or honoured any of

the conditions or obligations arising from any other permit issued by

the competent authority under these regulations and, or the related

regulations.

(1)

The controls referred to in Article 15(2) of the

IAS Regulation, consisting of documentary, identity and where

necessary, physical checks, shall take place when goods referred to in

Article 15(1) of the IAS Regulation are brought into Malta.

(2) For those categories of goods referred to in sub-

regulation (1) for which official controls are already carried out in

accordance with Regulation (EC) No 882/2004 and Directives 91/

496/EEC and 97/78/EC or at points of entry in accordance with

Directive 2000/29/EC, the competent authorities responsible for

carrying out the checks referred to under this Regulation 7 shall be

those authorities designated in accordance with Article 4 of

Regulation (EC) No 882/2004 or with point (g) of Article 2(1) of the

Directive 2000/29/EC.

(1)

Any person

(a)

who fails to observe the provisions of these

regulations or the IAS Regulation; or

(b)

who infringes any restriction, prohibition or

need imposed by these regulations or the IAS Regulation; or

(c)

who fails to observe any condition of a permit

or consent granted under the provisions of these regulations or

the IAS Regulation; or

(d)

who acts in contravention of any provision of

these regulations or the IAS Regulation; or

(e)

who makes a statement or presents information

or documentation, which such person knows to be false for the

purpose of obtaining the approval of a permit or derogation in

line with the provisions of Regulation 5; or

(f)

who conspires or attempts to conspire, aids or

attempts to aid, abets or attempts to abet, counsel or attempts

to counsel, procures or attempts to procure any other person to

contravene the provisions of these regulations or the IAS

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Regulation, or to fail from complying with any one of these

provisions, or to infringe any restriction, prohibition or need

imposed by these regulation or the IAS Regulation or by virtue

thereof,

shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit an

offence against these Regulations or the IAS Regulation shall on

conviction be liable

(a)

in the case of the first offence, a fine (multa) of

not less than five hundred euro (€500) for each specimen, but

not exceeding two thousand five hundred euro (€2,500) per

specimen;

(b)

in the case of a second or subsequent offences, a

fine (multa) of not less than one thousand five hundred euro

(€1,500) per specimen, but not exceeding five thousand euro

(€5,000) for each specimen, or imprisonment for a period not

exceeding two years, or both such fine and imprisonment.

(3) The Court shall order the offender to remove the causes

of the offence, remedy the damage caused and undo anything which

was done without a permit within a time sufficient for the purpose, but

in any case not exceeding three months from the date of judgement, to

be fixed by the Court; and, if the offender fails to comply with any

such order within the time so fixed, he shall be liable to a fine (multa)

of not less than seventy euro (€70) and not more than one hundred and

twenty-five euro (€125), as the Court may fix, for every day that the

default continues after the expiration of the said time.

(4) Any person who has been found guilty of committing an

offence against these regulations or the IAS Regulation shall also pay

for the expenses incurred for the keeping and transport of the

concerned specimen, for remedying the damage caused by the said

infringement, and for any other expense incurred or mitigation

measures required to remedy such doings, damage and infringement.

(5) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations or the IAS Regulation, so however

the disqualification from holding or obtaining a permit or authority

shall in no case be for less than one year.