CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
Article 2
Scope
Article 3
Definitions
CHAPTER II
GENERAL OBLIGATIONS OF THE MEMBER STATES
Article 4
Measures for avoiding adverse effects
Article 5
Decision making and advisory bodies
CHAPTER III
PERMITS
Article 6
Application for a permit
Article 7
Type of proposed movement
Article 8
Routine movement
Article 9
Non-routine movement
Article 10
Decision period
Article 11
Movements affecting neighbouring Member States
Article 12
Withdrawal of permit
CHAPTER IV
CONDITIONS FOR INTRODUCTION AFTER ISSUE OF A PERMIT
Article 13
Compliance with other ... provisions
Article 14
Release into aquaculture facilities in the case of routine introductions
Article 15
Release into open aquaculture facilities in case of non-routine introductions
Article 16
Pilot release into open aquaculture facilities
Article 17
Contingency plans
Article 18
Monitoring
CHAPTER V
CONDITIONS FOR TRANSLOCATIONS AFTER ISSUE OF A PERMIT
Article 19
Compliance with other ... provisions
Article 20
Non-routine translocation into open aquaculture facilities
Article 21
Quarantine
Article 22
Monitoring following translocation
CHAPTER VI
REGISTER
Article 23
Register
CHAPTER VII
FINAL PROVISIONS
Article 24
Amendments of Annexes and detailed rules
Article 24a
Exercise of the delegation
Article 24b
Revocation of the delegation
Article 24c
Objections to delegated acts
Article 24d
Regulations: devolved legislative function
Article 24e
Regulations: consent required
Article 25
Entry into force
ANNEX I
APPLICATION
Wherever possible, information is to be supported with references from...
For the purpose of this Annex when an application refers...
A.
Executive summary
B.
Introduction
(1)
Name (common and scientific) of the organism proposed for introduction...
(2)
Describe the characteristics, including distinguishing characteristics, of the organism. Include...
(3)
Describe the history in aquaculture, enhancement or other introductions (if...
(4)
Describe the objectives and rationale for the proposed introduction, including...
(5)
What alternate strategies have been considered in order to meet...
(6)
What is the geographic area of the proposed introduction? Describe...
(7)
Describe the numbers of organisms it is proposed to introduce...
(8)
Describe the source(s) of the stock (facility) and genetic stock...
C.
Life history information of the species to be introduced —...
(1)
Describe the native range and range changes due to introductions....
(2)
Does the stock from which the introduction/translocation will be made...
(3)
What is the distribution of such non-target species within the...
(4)
Record where the species was introduced previously and describe the...
(5)
What factors limit the species in its native range.
(6)
Describe the physiological tolerances (water quality, temperature, oxygen, and salinity)...
(7)
Describe the habitat preferences and tolerances for each life-history stage....
(8)
Describe the reproductive biology.
(9)
Describe the migratory behaviour.
(10)
Describe the food preferences for each life-history stage.
(11)
Describe the growth rate and lifespan (also in the area...
(12)
What is the age or age-range of the species concerned?...
(13)
Describe the behavioural traits (social, territorial, aggressive).
D.
Interaction with native species
(1)
What is the potential for survival and establishment of the...
(2)
What habitat(s) will the introduced species be likely to occupy...
(3)
With which native species will there be a niche overlap?...
(4)
What will the introduced organism eat in the receiving environment?...
(5)
Will this predation cause any adverse impacts on the receiving...
(6)
Will the introduced organisms survive and successfully reproduce in the...
(7)
Will the introduced organisms hybridise with native species? Is local...
(8)
Are there any potential impacts on habitat or water quality...
E.
Receiving environment and contiguous waters
(1)
Provide physical information on the receiving environment and contiguous waterbodies...
(2)
List species composition (major aquatic vertebrates, invertebrates and plants) of...
(3)
Provide information on habitat in the area of introduction, including...
(4)
Describe the natural or man-made barriers that should prevent the...
F.
Monitoring
G.
Management plan
(1)
Describe the management plan for the proposed introduction. This should...
(2)
Describe the chemical, biophysical and management measures being taken to...
(3)
Describe contingency plans in the event of an unintentional, accidental...
(4)
If this proposal is intended to create a fishery, give...
H.
Business data
(1)
Provide the name of the owner and/or company, the aquaculture...
(2)
Provide an indication as to the economic viability of the...
I.
References
(1)
Provide a detailed bibliography of all references cited in the...
(2)
Provide a list of names, including addresses, of scientific authorities...
ANNEX II
PROCEDURES AND MINIMUM ELEMENTS TO BE ADDRESSED IN AN ENVIRONMENTAL RISK ASSESSMENT AS FORESEEN UNDER ARTICLE 9
To evaluate risks associated with the introduction or translocation of...
The process addresses the major environmental components. It provides a...
During the review process, emphasis is not on the ratings...
For the purpose of this Annex, where an application refers...
PART 1
ECOLOGICAL AND GENETIC RISK ASSESSMENT PROCESS
Step 1
Likelihood of establishment and spreading beyond the intended area of...
Step 2
Consequences of establishment and spreading
Step 3
Risk potential associated to the alien and locally absent species...
PART 2
NON-TARGET SPECIES ASSESSMENT PROCESS
Step 1
Likelihood of establishment and spreading of non-target species beyond the...
Step 2
Consequences of non-target species establishment and spreading
Step 3
Risk potential associated with non-target species
PART 3
OVERALL ENVIRONMENTAL RISK ASSESSMENT — SUMMARY REPORT
ANNEX III
QUARANTINE
Quarantine is the means by which live animals or plants...
It is necessary to keep alien or locally absent species...
Operators are to run quarantine facilities in accordance with the...
For the purpose of this Annex where an application refers...
Effluent and waste disposal
Physical separation
Personnel
Equipment
Mortalities and disposal
Inspection and testing
Duration
Record keeping
Disinfection
ANNEX IV
List of species foreseen by Article 2(5)
PART A —
General
PART B —
French overseas departments
Council Regulation (EC) No 708/2007
of 11 June 2007
concerning use of alien and locally absent species in aquaculture
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 and Article 299(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the European Economic and Social Committee
Whereas:
(1)
In accordance with Article 6 of the Treaty, environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities, in particular with a view to promoting sustainable development.
(2)
Aquaculture is a fast-growing sector where innovation and new outlets are being explored. In order to adapt the production to the conditions of the market, it is important for the aquaculture industry to diversify the species reared.
(3)
Aquaculture has benefited economically from the introduction of alien species and translocation of locally absent species in the past (for example rainbow trout, Pacific oyster and salmon) and the policy objective for the future is to optimise benefits associated with introductions and translocations while at the same time avoiding alterations to ecosystems, preventing negative biological interaction, including genetic change, with indigenous populations and restricting the spread of non-target species and detrimental impacts on natural habitats.
(4)
Invasive alien species have been identified as one of the key causes of loss of native species and harm to bio-diversity. Under Article 8(h) of the Convention on Biological Diversity (CBD), to which the Community is a Party, each Contracting Party is required, as far as possible and as appropriate, to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species. In particular, the Conference of the Parties to the CBD has adopted Decision VI/23 on alien species that threaten ecosystems, habitats or species, the annex to which sets out Guiding Principles for the prevention, introduction and mitigation of impacts of such alien species.
(5)
The translocation of species within their natural range to areas where they are locally absent for specific bio-geographical reasons may also present risks for ecosystems in these areas and should also be covered by this Regulation.
(6)
The Community should therefore develop its own framework to ensure adequate protection of aquatic habitats from the risks associated with the use of non-native species in aquaculture. This framework should include procedures for the analysis of the potential risks, the taking of measures based on the prevention and precautionary principles and the adoption of contingency plans where necessary. These procedures should build on experience gained through the existing voluntary frameworks, and notably the International Council for the Exploration of the Sea (ICES) Code of Practice on the Introductions and Transfers of Marine Organisms and the European Inland Fisheries Advisory Commission (EIFAC) Code of Practice and Manual of Procedures for consideration of introduction and transfer of marine and freshwater organisms.
(7)
The measures provided for in this Regulation should be without prejudice to Council Directive 85/337/EEC of 27 June 1985 on environmental impact assessment , Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora , Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals .
(8)
The potential risks, which may in some cases be far reaching, are initially more evident locally. The characteristics of local aquatic environments throughout the Community are very diverse and Member States have the appropriate knowledge and expertise to evaluate and manage the risks to the aquatic environments falling within their sovereignty or jurisdiction. It is therefore appropriate that the implementation of the measures provided for in this Regulation falls primarily under the responsibility of Member States.
(9)
It should be taken into account that movements of alien or locally absent species to be held in closed aquaculture facilities which are secure and which present a very low risk of escape should not be subject to prior environmental risk assessment.
(10)
However, in cases where risks are not negligible and may affect other Member States there should be a Community system for consultation of interested parties and validation of permits prior to their granting by Member States. The Scientific, Technical and Economic Committee for Fisheries (STECF) established under Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy should provide the scientific advice in this consultation and the Advisory Committee for Fisheries and Aquaculture set up by Commission Decision 1999/478/EC should give the advice of stakeholders in the field of aquaculture and environmental protection.
(11)
Some alien species have commonly been used in aquaculture for a long time in certain parts of the Community. The activities connected therewith should therefore benefit from a differential treatment facilitating their development without any additional administrative burden on condition that the source can provide stock that is free of non target species. Member States who wish to restrict the use of such long-used species in their territory should be permitted to do so.
(12)
Nothing in this Regulation shall prevent Member States from regulating the keeping of alien or locally absent species in private aquaria and garden ponds through national regulations.
(13)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission .
(14)
For the sake of efficiency, the procedure for the amendments to Annexes I, II, III and IV of this Regulation, necessary to adapt them to technical and scientific progress, should be the management procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002,
HAS ADOPTED THIS REGULATION:
OJ C 324, 30.12.2006, p. 15.
OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).
OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, p. 368).
OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC of the European Parliament and of the Council (OJ L 331, 15.12.2001, p. 1).
OJ L 328, 24.11.2006, p. 14.
OJ L 358, 31.12.2002, p. 59.
OJ L 187, 20.7.1999, p. 70. Decision as amended by Decision 2004/864/EC (OJ L 370, 17.12.2004, p. 91).
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).