LegalizeCouncil Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
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.
Article 2
Scope
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 (2) which lays down detailed rules for the implementation of this Regulation.
Article 3
Definitions
For the purpose of this Regulation the following definitions shall apply:
‘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 (3);
‘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;
‘Closed aquaculture facility’ means a land-based facility:
(a) where: (i) aquaculture is conducted in an aquatic medium which involves recirculation of water; and (ii) 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; (b) and which: (i) 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); (ii) 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 (iii) ensures appropriate disposal of dead organisms;
‘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;
‘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;
‘alien species’ means:
(a) a species or subspecies of an aquatic organism occurring outside its known natural range and the area of its natural dispersal potential; (b) polyploid organisms, and fertile artificially hybridised species irrespective of their natural range or dispersal potential;
‘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;
‘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;
‘movement’ means introduction and/or translocation;
‘introduction’ means the process by which an alien species is intentionally moved to an environment outside its natural range for use in aquaculture;
‘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;
‘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;
‘applicant’ means the natural or legal person or entity proposing to conduct the introduction or translocation of an aquatic organism;
‘quarantine’ means a process by which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment;
‘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;
‘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;
‘non-routine movement’ shall mean any movement of aquatic organisms which does not fulfil the criteria for routine movement;
‘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;
‘sending Member State’ means the Member State from the territory of which the alien species is introduced or the locally absent species is translocated.
CHAPTER II
GENERAL OBLIGATIONS OF THE MEMBER STATES
Article 4
Measures for avoiding adverse effects
The competent authorities in the Member States shall monitor and supervise aquaculture activities so as to ensure that:
(a) closed aquaculture facilities comply with the requirements laid down in Article 3(3); and
(b) transport from or to closed aquaculture facilities takes place in conditions that are such as to prevent the escape of alien or non-target species.
Article 5
Decision making and advisory bodies
Member States shall designate the competent authority or authorities responsible for ensuring compliance with the requirements of this Regulation (the competent authority(ies)). Each competent authority may appoint an advisory committee to assist it, which shall include appropriate scientific expertise (the advisory committee). If a Member State does not appoint an advisory committee then the competent authority or competent authorities shall assume the tasks assigned to the advisory committee in this Regulation.
CHAPTER III
PERMITS
Article 6
Application for a permit
Article 7
Type of proposed movement
The advisory committee shall give its opinion on whether the proposed movement is a routine or a non-routine movement and whether release must be preceded by quarantine or pilot release and shall inform the competent authority of its opinion.
Article 8
Routine movement
In the case of routine movements, the competent authority may grant a permit, indicating, where applicable, the requirement for quarantine or pilot release as set out in Chapters IV and V.
Article 9
Non-routine movement
Article 10
Decision period
Article 11
Movements affecting neighbouring Member States
Article 12
Withdrawal of permit
At any point in time, the Competent Authority can withdraw the permit, temporarily or permanently, if unforeseen events with negative effects on the environment or on native populations occur. Any withdrawal of a permit must be justified on scientific grounds and, where scientific information is as yet insufficient, on the grounds of the precautionary principle and having due regard to national administrative rules.
CHAPTER IV
CONDITIONS FOR INTRODUCTION AFTER ISSUE OF A PERMIT
Article 13
Compliance with other Union provisions
A permit may only be issued for an introduction under this Regulation, where it is apparent that requirements under other legislation can be met, and in particular:
(a) the animal health conditions set out in Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;
(b) the conditions set out in Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (4).
Article 14
Release into aquaculture facilities in the case of routine introductions
In the case of routine introductions, the release of aquatic organisms into aquaculture facilities shall be allowed without quarantine or pilot release, unless, in exceptional cases, the competent authority decides otherwise on the basis of specific advice given by the advisory committee. Movements from a closed aquaculture facility to an open aquaculture facility shall be considered to be routine or non-routine movements in line with Articles 6 and 7.
Article 15
Release into open aquaculture facilities in case of non-routine introductions
Article 16
Pilot release into open aquaculture facilities
The competent authority may require that the release of the aquatic organisms into open aquaculture systems be preceded by an initial pilot release subject to specific containment and to preventive measures based on the advice and recommendations of the advisory committee.
Article 17
Contingency plans
For all non-routine introductions and pilot releases, the applicant shall draw up a contingency plan for the approval of the competent authority, which shall include, inter alia, the removal of the introduced species from the environment, or a reduction in density, for unforeseen events with negative effects on the environment or on native populations. If such an event occurs, the contingency plans shall be implemented immediately and the permit can be withdrawn, temporarily or permanently as per Article 12.
Article 18
Monitoring
CHAPTER V
CONDITIONS FOR TRANSLOCATIONS AFTER ISSUE OF A PERMIT
Article 19
Compliance with other Union provisions
A permit may only be issued for a translocation under this Regulation where it is apparent that requirements under other legislation can be met and in particular:
(a) the animal health conditions set out in Directive 2006/88/EC;
(b) the conditions set out in Directive 2000/29/EC.
Article 20
Non-routine translocation into open aquaculture facilities
In the case of non-routine translocations into open aquaculture facilities, the competent authority may require that release of aquatic organisms be preceded by an initial pilot release with specific containment and preventive measures based on the advice and recommendations of the advisory committee.
Article 21
Quarantine
The receiving Member State may, in exceptional cases and subject to approval by the Commission, require quarantine in accordance with Article 15(2), (3) and (4) before release of species from non-routine translocations into open aquaculture facilities. The request for approval by the Commission shall indicate the reasons why quarantine is required. The Commission shall reply to such requests within 30 days.
Article 22
Monitoring following translocation
Following a non-routine translocation, the species shall be monitored in accordance with Article 18.
CHAPTER VI
REGISTER
Article 23
Register
Member States shall keep a register of introductions and translocations containing a historical record of all applications made and the associated documentation gathered before the issue of a permit and during the monitoring period.
The register shall be made freely available to the Member States and public in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (5).
To allow Member States to share the information contained in their registers, a specific information system may be developed in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
CHAPTER VII
FINAL PROVISIONS
Article 24
Amendments of Annexes and detailed rules
The Commission may, by means of delegated acts in accordance with Article 24a and subject to the conditions laid down in Articles 24b and 24c:
(a) amend Annexes I, II and III to this Regulation in order to adapt them to technical and scientific progress;
(b) adopt specifications for the conditions necessary for adding species to Annex IV, as provided for in paragraph 3; and
(c) add species to Annex IV where the conditions provided for in paragraph 3 and their further specifications are complied with.
Article 24a
Exercise of the delegation
Article 24b
Revocation of the delegation
Article 24c
Objections to delegated acts
At the initiative of the European Parliament or the Council, that period shall be extended by 2 months.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
Article 25
Entry into force
This Regulation shall enter into force 20 days following its publication in the Official Journal of the European Union.
It shall apply six months after a Commission's Regulation on implementing rules referred to in Article 24(3) enters into force, but not later than 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Wherever possible, information is to be supported with references from the scientific literature, and notations to personal communications with scientific authorities and fisheries experts.
For the purpose of this Annex when an application refers to a proposed translocation, rather than an introduction, the terms introduction/introduced are to be replaced by translocation/translocated.
A. Executive summary
Provide a brief summary of the document including a description of the proposal, the potential impacts on native species and their habitats and mitigation steps to minimise the potential impacts on native species.
B. Introduction
(1)Name (common and scientific) of the organism proposed for introduction or translocation, indicating the genus, species, subspecies or lower taxonomic classification where applicable.
(2)Describe the characteristics, including distinguishing characteristics, of the organism. Include a scientific drawing or photograph.
(3)Describe the history in aquaculture, enhancement or other introductions (if appropriate).
(4)Describe the objectives and rationale for the proposed introduction, including an explanation as to why such an objective cannot be met through the utilisation of an indigenous species.
(5)What alternate strategies have been considered in order to meet the objectives of the proposal?
(6)What is the geographic area of the proposed introduction? Describe the habitats, ecosystem and protection status of the receiving environment. Include a map.
(7)Describe the numbers of organisms it is proposed to introduce (initially, ultimately). Can the project be broken down into different sub-components? If so, how many organisms are involved in each sub-component?
(8)Describe the source(s) of the stock (facility) and genetic stock (if known).
C. Life history information of the species to be introduced — for each life history stage
(1)Describe the native range and range changes due to introductions.
(2)Does the stock from which the introduction/translocation will be made have a link with any known non-target species?
(3)What is the distribution of such non-target species within the area of origin of the stock to be introduced/translocated?
(4)Record where the species was introduced previously and describe the ecological effects on the environment of the receiving area (predator, prey, competitor, and/or structural/functional elements of the habitat).
(5)What factors limit the species in its native range.
(6)Describe the physiological tolerances (water quality, temperature, oxygen, and salinity) at each life history stage (early life-history stages, adult and reproductive stages).
(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 of the proposed introduction, if known).
(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 introduced organism if it escapes?
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