CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Subject matter
Article 1
This Regulation establishes a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these and any associated non-target species on aquatic habitats and in this manner contribute to the sustainable development of the sector.

Scope
Article 2
1
This Regulation shall apply to the introduction of alien species and translocation of locally absent species for their use in aquaculture in the Union taking place after the date this Regulation becomes applicable by virtue of Article 25(1).
2
This Regulation shall not apply to translocations of locally absent species within Member States, except for cases where, on the basis of scientific advice, there are grounds for foreseeing environmental threats due to the translocation. In the case that an advisory committee has been appointed under Article 5 it will be responsible for assessing the risks.
3
This Regulation shall cover all aquaculture activities located within the jurisdiction of Member States irrespective of their size or characteristics. It shall cover all alien and locally absent aquatic organisms farmed. It shall cover aquaculture using any form of aquatic medium.
4
This Regulation shall not apply to the keeping of ornamental aquatic animals or plants in pet-shops, garden centres, contained garden ponds or aquaria which comply with Article 6 of Commission Decision 2006/656/EC of 20 September 2006 laying down the animal health conditions and certification requirements for imports of fish for ornamental purpose or in facilities which are equipped with effluent treatment systems which fulfil the aims set out in Article 1.
5.
This Regulation, except for Article 3, Article 4(1) and Article 4(2)(a), shall not apply to the species listed in Annex IV.
The risk assessment in Article 9 shall not apply to species listed in Annex IV except in cases where Member States wish to take measures to restrict the use of the species concerned in their territory.
6
Movements of alien or locally absent species to be held in closed aquaculture facilities shall not be subject to prior environmental risk assessment except in cases where Member States wish to take appropriate measures.
7
Chapters III to VI shall not apply to movements of alien or locally absent species to be held in closed aquaculture facilities, provided that the transport is carried out under conditions that prevent the escape of those species and of the non-target species.
Member States shall draw up a list of closed aquaculture facilities in their territory that comply with the definition in Article 3(3) and update that list regularly. By
25 October 2011
, the list shall be published on the website set up in accordance with Article 4(2) of Commission Regulation (EC) No 535/2008
which lays down detailed rules for the implementation of this Regulation.

Definitions
Article 3
For the purpose of this Regulation the following definitions shall apply:
1. ‘aquaculture’ means the activity defined in Article 3, paragraph (d) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund ;
2. ‘open aquaculture facility’ means a facility where aquaculture is conducted in an aquatic medium not separated from the wild aquatic medium by barriers preventing the escape of reared specimens or biological material that might survive and subsequently reproduce;
3. ‘
Closed aquaculture facility
’
means a land-based facility:
  1. where:
    1. aquaculture is conducted in an aquatic medium which involves recirculation of water; and
    2. discharges do not connect in any way to open waters before screening and filtering or percolation and treatment to prevent the release of solid waste into the aquatic environment and the escape from the facility of farmed species and non-target species that might survive and subsequently reproduce;
  2. and which:
    1. prevents losses of reared specimens or non-target species and other biological material, including pathogens, due to factors such as predators (e.g. birds) and flooding (e.g. the facility must be situated at a safe distance from open waters following a proper assessment made by the competent authorities);
    2. prevents, in a reasonable way, losses of reared specimens or non-target species and other biological material, including pathogens, due to theft and vandalism; and
    3. ensures appropriate disposal of dead organisms;
4. ‘aquatic organisms’ means any species living in water belonging to the animalia, plantae and protista kingdoms, including any part, gametes, seeds, eggs or propagules of their individuals that might survive and subsequently reproduce;
5. ‘Polyploid organisms’ means artificially induced tetraploid organisms (4N). These are aquatic organisms in which the number of chromosomes in the cells has been doubled through cell manipulation techniques;
6. ‘alien species’ means:
  1. a species or subspecies of an aquatic organism occurring outside its known natural range and the area of its natural dispersal potential;
  2. polyploid organisms, and fertile artificially hybridised species irrespective of their natural range or dispersal potential;
7. ‘locally absent species’ means a species or subspecies of an aquatic organism which is locally absent from a zone within its natural range of distribution for biogeographical reasons;
8. ‘non-target species’ means any species or subspecies of an aquatic organism likely to be detrimental to the aquatic environment that is moved accidentally together with an aquatic organism that is being introduced or translocated not including disease-causing organisms which are covered by Directive 2006/88/EC;
9. ‘movement’ means introduction and/or translocation;
10. ‘introduction’ means the process by which an alien species is intentionally moved to an environment outside its natural range for use in aquaculture;
11. ‘translocation’ means the process by which a locally absent species is intentionally moved within its natural range for its use in aquaculture to an area where it previously did not exist because of bio-geographical reasons;
12. ‘pilot release’ means the introduction of alien species or translocation of locally absent species on a limited scale to assess ecological interaction with native species and habitats in order to test the risk assessment assumptions;
13. ‘applicant’ means the natural or legal person or entity proposing to conduct the introduction or translocation of an aquatic organism;
14. ‘quarantine’ means a process by which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment;
15. ‘quarantine facility’ means a facility in which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment;
16. ‘
routine movement
’
means the movement of aquatic organisms from a source which has a low risk of transferring non-target species and which, on account of the characteristics of the aquatic organisms and/or the method of aquaculture to be used, does not give rise to adverse ecological effects;
17. ‘non-routine movement’ shall mean any movement of aquatic organisms which does not fulfil the criteria for routine movement;
18. ‘receiving Member State’ shall mean the Member State into the territory of which the alien species is introduced or the locally absent species is translocated;
19. ‘sending Member State’ means the Member State from the territory of which the alien species is introduced or the locally absent species is translocated.
OJ L 271, 30.9.2006, p. 71.
OJ L 156, 14.6.2008, p. 6 .
OJ L 223, 15.8.2006, p. 1.
Substituted by Regulation (EU) No 304/2011 of the European Parliament and of the Council of 9 March 2011 amending Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture.