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Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture in Wales

EU Regulation No 708/2007 · Adopted 11 June 2007 · Extends to United Kingdom

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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 Committeef1

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 assessmentf2, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and floraf3, 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 policyf4 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 animalsf5.

(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 Policyf6 should provide the scientific advice in this consultation and the Advisory Committee for Fisheries and Aquaculture set up by Commission Decision 1999/478/ECf7 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 Commissionf8.

(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:

Annotations to the whole text

Footnotes

f1

OJ C 324, 30.12.2006, p. 15.

f2

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).

f3

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).

f4

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).

f5

OJ L 328, 24.11.2006, p. 14.

f6

OJ L 358, 31.12.2002, p. 59.

f7

OJ L 187, 20.7.1999, p. 70. Decision as amended by Decision 2004/864/EC (OJ L 370, 17.12.2004, p. 91).

f8

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Contents

  1. Chapter I: SUBJECT MATTER, SCOPE AND DEFINITIONS
  2. 1Subject matter
  3. 2Scope
  4. 3Definitions
  5. Chapter II: GENERAL OBLIGATIONS ...
  6. 4Measures for avoiding adverse effects
  7. 5Decision making and advisory bodies
  8. Chapter III: PERMITS
  9. 6Application for a permit
  10. 7Type of proposed movement
  11. 8Routine movement
  12. 9Non-routine movement
  13. 10Decision period
  14. 11Movements affecting neighbouring Member States Repealed
  15. 12Withdrawal of permit
  16. Chapter IV: CONDITIONS FOR INTRODUCTION AFTER ISSUE OF A PERMIT
  17. 13Compliance with other ... provisions
  18. 14Release into aquaculture facilities in the case of routine introductions
  19. 15Release into open aquaculture facilities in case of non-routine introductions
  20. 16Pilot release into open aquaculture facilities
  21. 17Contingency plans
  22. 18Monitoring
  23. Chapter V: CONDITIONS FOR TRANSLOCATIONS AFTER ISSUE OF A PERMIT
  24. 19Compliance with other ... provisions
  25. 20Non-routine translocation into open aquaculture facilities
  26. 21Quarantine
  27. 22Monitoring following translocation
  28. Chapter VI: REGISTER
  29. 23Register
  30. Chapter VII: FINAL PROVISIONS
  31. 24Amendments of Annexes and detailed rules
  32. 24aExercise of the delegation Repealed
  33. 24bRevocation of the delegation Repealed
  34. 24cObjections to delegated acts Repealed
  35. 24dRegulations: devolved legislative function
  36. 24eRegulations: consent required
  37. 25Entry into force Repealed
  38. Signature
  39. Annex IAPPLICATION
  40. AExecutive summary
  41. Introduction
  42. (1)Division (1)
  43. (2)Division (2)
  44. (3)Division (3)
  45. (4)Division (4)
  46. (5)Division (5)
  47. (6)Division (6)
  48. (7)Division (7)
  49. (8)Division (8)
  50. Life history information of the species to be introduced — for each life history stage
  51. (1)Division (1)
  52. (2)Division (2)
  53. (3)Division (3)
  54. (4)Division (4)
  55. (5)Division (5)
  56. (6)Division (6)
  57. (7)Division (7)
  58. (8)Division (8)
  59. (9)Division (9)
  60. (10)Division (10)
  61. (11)Division (11)
  62. (12)Division (12)
  63. (13)Division (13)
  64. Interaction with native species
  65. (1)Division (1)
  66. (2)Division (2)
  67. (3)Division (3)
  68. (4)Division (4)
  69. (5)Division (5)
  70. (6)Division (6)
  71. (7)Division (7)
  72. (8)Division (8)
  73. Receiving environment and contiguous waters
  74. (1)Division (1)
  75. (2)Division (2)
  76. (3)Division (3)
  77. (4)Division (4)
  78. FMonitoring
  79. Management plan
  80. (1)Describe the management plan for the proposed introduction. This should include, but not be restricted to, the following information:
  81. (2)Division (2)
  82. (3)Division (3)
  83. (4)Division (4)
  84. Business data
  85. (1)Division (1)
  86. (2)Division (2)
  87. References
  88. (1)Division (1)
  89. (2)Division (2)
  90. Annex IIPROCEDURES AND MINIMUM ELEMENTS TO BE ADDRESSED IN AN ENVIRONMENTAL RISK ASSESSMENT AS FORESEEN UNDER ARTICLE 9
  91. Part 1: ECOLOGICAL AND GENETIC RISK ASSESSMENT PROCESS
  92. Step 1Likelihood of establishment and spreading beyond the intended area of introduction
  93. Step 2Consequences of establishment and spreading
  94. Step 3Risk potential associated to the alien and locally absent species
  95. Part 2: NON-TARGET SPECIES ASSESSMENT PROCESS
  96. Step 1Likelihood of establishment and spreading of non-target species beyond the intended area of introduction
  97. Step 2Consequences of non-target species establishment and spreading
  98. Step 3Risk potential associated with non-target species
  99. 3OVERALL ENVIRONMENTAL RISK ASSESSMENT — SUMMARY REPORT
  100. Annex IIIQUARANTINE
  101. Effluent and waste disposal
  102. Physical separation
  103. Personnel
  104. Equipment
  105. Mortalities and disposal
  106. Inspection and testing
  107. Duration
  108. Record keeping
  109. Disinfection
  110. Annex IV: List of species foreseen by Article 2(5)
  111. PART A —General
  112. PART B —French overseas departments