Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation sets out rules to prevent, minimise and mitigate the adverse impact on biodiversity of the introduction and spread within the Union, both intentional and unintentional, of invasive alien species.

Article 2

Scope

This Regulation does not apply to:

(a) species changing their natural range without human intervention, in response to changing ecological conditions and climate change;

(b) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC;

(c) pathogens that cause animal diseases; for the purpose of this Regulation, animal disease means the occurrence of infections and infestations in animals, caused by one or more pathogens transmissible to animals or to humans;

(d) pests of plants listed pursuant to Article 5(2) or Article 32(3), or subject to measures pursuant to Article 30(1), of Regulation (EU) 2016/2031 of the European Parliament and of the Council (¹);

(e) species listed in Annex IV to Regulation (EC) No 708/2007 when used in aquaculture;

(f) micro-organisms manufactured or imported for use in plant protection products already authorised or for which an assessment is ongoing under Regulation (EC) No 1107/2009; or

(g) micro-organisms manufactured or imported for use in biocidal products already authorised or for which an assessment is ongoing under Regulation (EU) No 528/2012.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) 'alien species' means any live specimen of a species, subspecies or lower taxon of animals, plants, fungi or micro-organisms introduced outside its natural range; it includes any part, gametes, seeds, eggs or propagules of such species, as well as any hybrids, varieties or breeds that might survive and subsequently reproduce;

(2) 'invasive alien species' means an alien species whose introduction or spread has been found to threaten or adversely impact upon biodiversity and related ecosystem services;

(3) 'invasive alien species of Union concern' means an invasive alien species whose adverse impact has been deemed such as to require concerted action at Union level pursuant to Article 4(3);

(4) 'invasive alien species of Member State concern' means an invasive alien species other than an invasive alien species of Union concern, for which a Member State considers on the basis of scientific evidence that the adverse impact of its release and spread, even where not fully ascertained, is of significance for its territory, or part of it, and requires action at the level of that Member State;

(5) 'biodiversity' means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;

(6) 'ecosystem services' means the direct and indirect contributions of ecosystems to human wellbeing;

(7) 'introduction' means the movement, as a consequence of human intervention, of a species outside its natural range;

(8) 'research' means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species;

(9) 'contained holding' means keeping an organism in closed facilities from which escape or spread is not possible;

(10) 'ex-situ conservation' means the conservation of components of biological diversity outside their natural habitat;

(11) 'pathways' means the routes and mechanisms of the introduction and spread of invasive alien species;

(12) 'early detection' means the confirmation of the presence of a specimen or specimens of an invasive alien species in the environment before it has become widely spread;

(13) 'eradication' means the complete and permanent removal of a population of invasive alien species by lethal or non-lethal means;

(14) 'population control' means any lethal or non-lethal action applied to a population of invasive alien species, while also minimising the impact on non-targeted species and their habitats, with the aim of keeping the number of individuals as low as possible, so that, while not being able to eradicate the species, its invasive capacity and adverse impact on biodiversity, the related ecosystem services, on human health or the economy, are minimised;

(15) 'containment' means any action aimed at creating barriers which minimises the risk of a population of an invasive alien species dispersing and spreading beyond the invaded area;

(16) 'widely spread' means an invasive alien species whose population has gone beyond the naturalisation stage, in which a population is self-sustaining, and has spread to colonise a large part of the potential range where it can survive and reproduce;

(17) 'management' means any lethal or non-lethal action aimed at the eradication, population control or containment of a population of an invasive alien species, while also minimising the impact on non-targeted species and their habitats.

Article 4

List of invasive alien species of Union concern

The Commission shall undertake a comprehensive review of the Union list at least every six years and shall, in the meantime, update it, as appropriate, in accordance with the procedure referred to in paragraph 1 with:

(a) the addition of new invasive alien species;

(b) the removal of listed species if they no longer meet one or more of the criteria laid down in paragraph 3.

Invasive alien species shall only be included on the Union list if they meet all of the following criteria:

(a) they are found, based on available scientific evidence, to be alien to the territory of the Union excluding the outermost regions;

(b) they are found, based on available scientific evidence, to be capable of establishing a viable population and spreading in the environment under current conditions and in foreseeable climate change conditions in one biogeographical region shared by more than two Member States or one marine subregion excluding their outermost regions;

(c) they are, based on available scientific evidence, likely to have a significant adverse impact on biodiversity or the related ecosystem services, and may also have an adverse impact on human health or the economy;

(d) it is demonstrated by a risk assessment carried out pursuant to Article 5(1) that concerted action at Union level is required to prevent their introduction, establishment or spread;

(e) it is likely that the inclusion on the Union list will effectively prevent, minimise or mitigate their adverse impact.

Member States may submit to the Commission requests for the inclusion of invasive alien species on the Union list. Those requests shall include all of the following:

(a) the name of the species;

(b) a risk assessment carried out in accordance with Article 5(1);

(c) evidence that the criteria set out in paragraph 3 of this Article are met.

When adopting or updating the Union list, the Commission shall apply the criteria set out in paragraph 3 with due consideration to the implementation cost for Member States, the cost of inaction, the cost-effectiveness and the socio-economic aspects. The Union list shall include as a priority those invasive alien species that:

(a) are not yet present in the Union or are at an early stage of invasion and are most likely to have a significant adverse impact;

(b) are already established in the Union and have the most significant adverse impact.

Article 5

Risk assessment

For the purposes of Article 4, a risk assessment shall be carried out in relation to the current and potential range of invasive alien species, having regard to the following elements:

(a) a description of the species with its taxonomic identity, its history, and its natural and potential range;

(b) a description of its reproduction and spread patterns and dynamics including an assessment of whether the environmental conditions necessary for its reproduction and spread exist;

(c) a description of the potential pathways of introduction and spread of the species, both intentional and unintentional, including where relevant the commodities with which the species is generally associated;

(d) a thorough assessment of the risk of introduction, establishment and spread in relevant biogeographical regions in current conditions and in foreseeable climate change conditions;

(e) a description of the current distribution of the species, including whether the species is already present in the Union or in neighbouring countries, and a projection of its likely future distribution;

(f) a description of the adverse impact on biodiversity and related ecosystem services, including on native species, protected sites, endangered habitats, as well as on human health, safety, and the economy including an assessment of the potential future impact having regard to available scientific knowledge;

(g) an assessment of the potential costs of damage;

(h) a description of the known uses for the species and social and economic benefits deriving from those uses.

Whenever a Member State submits a request for the inclusion of a species on the Union list it shall be responsible for carrying out the risk assessment referred to in paragraph 1. Where necessary, the Commission may assist the Member States in the development of such risk assessments in so far as it relates to their European dimension.

Article 6

Provisions for the outermost regions

CHAPTER II

PREVENTION

Article 7

Restrictions

Invasive alien species of Union concern shall not be intentionally:

(a) brought into the territory of the Union, including transit under customs supervision;

(b) kept, including in contained holding;

(c) bred, including in contained holding;

(d) transported to, from or within the Union, except for the transportation of species to facilities in the context of eradication;

(e) placed on the market;

(f) used or exchanged;

(g) permitted to reproduce, grown or cultivated, including in contained holding; or

(h) released into the environment.

Article 8

Permits

Member States shall empower their competent authorities to issue the permits referred to in paragraph 1 for activities carried out in contained holding that fulfil all of the following conditions:

(a) the invasive alien species of Union concern is kept in and handled in contained holding in accordance with paragraph 3;

(b) the activity is to be carried out by appropriately qualified personnel as laid down by the competent authorities;

(c) transport to and from contained holding is carried out under conditions that exclude escape of the invasive alien species as established by the permit;

(d) in the case of invasive alien species of Union concern that are animals, they are marked or otherwise effectively identified where appropriate, using methods that do not cause avoidable pain, distress or suffering;

(e) the risk of escape or spread or removal is effectively managed, taking into account the identity, biology and means of dispersal of the species, the activity and the contained holding envisaged, the interaction with the environment and other relevant factors;

(f) a continuous surveillance system and a contingency plan covering possible escape or spread is drawn up by the applicant, including an eradication plan. The contingency plan shall be approved by the competent authority. If an escape or spread occurs, the contingency plan shall be implemented immediately and the permit may be withdrawn, temporarily or permanently.

The permit referred to in paragraph 1 shall be limited to a number of invasive alien species and specimens that does not exceed the capacity of the contained holding. It shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It shall accompany the invasive alien species to which it refers at all times when those species are kept, brought into and transported within the Union.

Specimens shall be considered to be kept in contained holding if the following conditions are fulfilled:

(a) the specimens are physically isolated and they cannot escape or spread or be removed by unauthorised persons from the holdings where they are kept;

(b) cleaning, waste handling and maintenance protocols ensure that no specimens or reproducible parts can escape, spread or be removed by unauthorised persons;

(c) the removal of the specimens from the holdings, disposal or destruction or humane cull is done in such way as to exclude propagation or reproduction outside of the holdings.

For all permits issued in accordance with paragraph 1 of this Article, Member States, shall, without delay, make publicly available on the internet at least the following:

(a) the scientific and common names of the invasive alien species of Union concern for which the permit has been issued;

(b) the number or the volume of specimens concerned;

(c) the purpose for which the permit has been issued; and

(d) the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87.

Article 9

Authorisations

An application for an authorisation shall include the following:

(a) details of the establishment or groups of establishments including their name and address;

(b) the scientific and common names of the invasive alien species of Union concern for which an authorisation is requested;

(c) the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87;

(d) the number or the volume of specimens concerned;

(e) the reasons for the requested authorisation;

(f) a detailed description of the envisaged measures to ensure that escape or spread are not possible from contained holding facilities in which the invasive alien species of Union concern is to be kept in and handled, as well as of the measures to ensure that any transport of the species that may be necessary is carried out under conditions that exclude escape;

(g) an assessment of the risk of escape of the invasive alien species of Union concern for which an authorisation is requested, accompanied by a description of the risk mitigation measures to be put in place;

(h) a description of the surveillance system planned and of the contingency plan drawn to cater for possible escape or spread, including an eradication plan where necessary;

(i) a description of relevant national law applicable to those establishments.

Article 10

Emergency measures

Article 11

Invasive alien species of regional concern and species native to the Union

Article 12

Invasive alien species of Member State concern

Article 13

Action plans on the pathways of invasive alien species

The action plans referred to in paragraph 2 of this Article shall include, in particular, measures based on an analysis of costs and benefits, in order to:

(a) raise awareness;

(b) minimise contamination of goods, commodities, vehicles and equipment by specimens of invasive alien species, including measures to tackle transportation of invasive alien species from third countries;

(c) ensure appropriate checks at the Union borders, other than the official controls pursuant to Article 15.

CHAPTER III

EARLY DETECTION AND RAPID ERADICATION

Article 14

Surveillance system

The surveillance system referred to in paragraph 1 of this Article shall:

(a) cover the territory, including marine territorial waters, of the Member States to determine the presence and distribution of new as well as already established invasive alien species of Union concern;

(b) be sufficiently dynamic to detect rapidly the appearance in the environment of the territory or part of the territory of a Member State of any invasive alien species of Union concern, whose presence was previously unknown;

(c) build upon, be compatible with, and avoid duplication of relevant provisions for assessment and monitoring laid down by Union law or under international agreements and make use of the information provided by the existing systems of surveillance and monitoring set out in Article 11 of Directive 92/43/EEC, Article 8 of Directive 2000/60/EC and Article 11 of Directive 2008/56/EC;

(d) take into account the relevant transboundary impact and transboundary features, to the extent possible.

Article 15

Official controls

Competent authorities shall carry out the appropriate risk-based controls to the goods mentioned in paragraph 1 of this Article verifying that:

(a) they are not on the Union list; or

(b) they are covered by a valid permit as referred to in Article 8.

The handling in free zones or free warehouses and the placing of goods referred to in paragraph 1 under the customs procedures of release for free circulation, transit, customs warehousing, inward processing, processing under customs control and temporary admission shall be subject to the declaration to the customs authorities of:

(a) the relevant entry document duly completed by the competent authorities referred to in paragraph 3 of this Article attesting that the conditions referred to in paragraph 2 of this Article are met, in cases where the controls have been carried out at border entities 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 point (j) of Article 2(1) of Directive 2000/29/EC. The customs procedure indicated therein shall be followed; or

(b) where goods are not subject to official controls according to Union law, other documentary evidence that the controls have been carried out with satisfactory results and the subsequent entry document.

Those documents may also be submitted electronically.

If the controls establish non-compliance with this Regulation:

(a) customs authorities shall suspend the placing under a customs procedure or detain the goods;

(b) competent authorities referred to in paragraph 3 shall detain the goods.

Where goods are detained, they shall be entrusted to the competent authority in charge of applying this Regulation. That authority shall act in accordance with national legislation. Member States may delegate specific functions to other authorities.

Article 16

Early detection notifications

Member States shall without delay notify the Commission, in writing, of the early detection of the introduction or presence of invasive alien species of Union concern and inform the other Member States, in particular of:

(a) the appearance on their territory or part of their territory of any species included on the Union list whose presence was previously unknown in their territory or in part of their territory;

(b) the re-appearance on their territory or part of their territory of any species included on the Union list after it has been reported as eradicated.

Article 17

Rapid eradication at an early stage of invasion