28 Amendments of Pilar AYUSO related to 2013/0307(COD)
Amendment 63 #
Proposal for a regulation
Recital 9
Recital 9
(9) Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture14, Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products15 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes. The use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment, human health and the economy. In order to ensure a coherent legal framework, those species should thus be excluded from the new rules. __________________ 14 OJ L 168, 28.06.07, p. 1. 15 OJ L 167, 27.06.12, p. 1. 16 OJ L 309, 24.11.09, p. 1.
Amendment 64 #
Proposal for a regulation
Recital 10
Recital 10
(10) As invasive alien species are numerous, it is important to ensure that priority is afforded to addressing the subset of invasive alien species considered to be of Union concern. A list of such invasive alien species considered to be of Union concern should therefore be drawn up. An invasive alien species should be considered of Union concern if the damage it is causing in the affected Member States is so significant that it justifies the adoption of dedicated measures the scope of which extends across the Union, including in the Member States that are not yet affected or even unlikely to be affected. In order to ensure that the subset of invasive alien species of Union concern remains proportionate, the list should be developed in line with a gradual and phased-in approach including an initial capping of the number of invasive alien species of Union concern to the top 3% of some 1500 invasive alien species in Europe and be focused on those species that cause or are likely to cause significant economic damage, including that deriving from biodiversity loss.
Amendment 76 #
Proposal for a regulation
Recital 16
Recital 16
(16) The risks and concerns associated with invasive alien species represent a cross-border challenge affecting the whole of the Union. It is therefore essential to adopt at Union level a ban on intentionally bringingthe deliberate introduction into the Union, and reproducingtion, growing, transporting, buying, sellingation, purchase, sale, usinge, exchanging, keeping and releasinge, possession and release there, of invasive alien species of Union concern, to ensure that consistent action is taken across the Union so as to avoid distortions of the internal market and to prevent situations where action taken in one Member State is undermined by inaction in another Member State.
Amendment 81 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should be able to adopt more stringent measures to tackle invasive alien species and to take any necessary measures proactively in respect of any species that are not listed as invasive alien species of Union concern. In order to adopt a more proactive stance on unlisted species, it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of Union concern, but for which Member States have found evidence that they pose a risk, an authorisation for release should be issued. Detailed rules for the authorisation of alien species to be used in aquaculture have already been established by Regulation (EC) No 708/2007 and should be taken into account by Member States in this context.
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) species listed in Annex IV of Regulation (EC) No 708/2007, provided that they are to be used in aquaculture ;
Amendment 122 #
Proposal for a regulation
Article 3 – point 3 a (new)
Article 3 – point 3 a (new)
(3a) ‘Invasive alien species of Member State concern’ means invasive alien species other than invasive alien species of Union concern, for which each Member State considers the adverse impact to require action at Member State level;
Amendment 125 #
Proposal for a regulation
Article 3 – point 5
Article 3 – point 5
(5) 'ecosystem services' means the direct and indirect contributions of ecosystems to human wellbeing;Linguistic amendment not affecting the English version.
Amendment 128 #
Proposal for a regulation
Article 3 – point 7
Article 3 – point 7
(7) '‘research'’ means descriptive or experimental work, undertaken under regulated conditions to acquire new knowledge or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those properties which make a species invasiveness, of invasive alien species, only insofar as essential for enabling the breeding of those features into non- invasive species;
Amendment 139 #
Proposal for a regulation
Article 3 – point 16 a (new)
Article 3 – point 16 a (new)
(16a) ‘companion animals’ means domesticated animals generally kept by people in their homes for company and which belong to species that man traditionally and habitually breeds and owns to live domestically in his home, as well as animals used to accompany, guide and assist people who are blind or have serious or severe eyesight problems.
Amendment 140 #
Proposal for a regulation
Article 3 – point 16 b (new)
Article 3 – point 16 b (new)
(16b) ‘naturalisation’ means the process via which an alien species becomes (a new) part of the local flora or fauna, reproduces and spreads without this process being assisted by man;
Amendment 156 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 173 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 185 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Species included on the list referred tolisted in Article 4(1) shall not beeither intentionally: (a) brought into or nor through negligence be: (a) introduced into or subject to transited through the Union; territory; (b) permitted to ; (b) reproduced; (c) transported, except for the transportation of species to facilities for eradication;; (d) placed on the market; (e) used or exchanged; (f) kept or grown, including in contained holding; (g) released into the environment.
Amendment 193 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 212 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. A copy of the permits referred to in paragraph 1 shall be sent to the Committee set up under Article 22, which shall have two months to forward its observations, failing which the permit shall be considered valid.
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. No exemptions regarding the activities prohibited under Article 7 in respect of invasive alien species of concern to the Union shall apply in areas containing threatened species referred to in Directives 2009/147/EC and 92/43/EEC, where it is scientifically proven that invasive alien species of concern to the Union have a direct impact on them.
Amendment 218 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a Member State has evidence concerning the presence in, or imminent danger of eintryoduction into its territory of an invasive alien species, which is not included on the list referred to in Article 4(1) but which the relevant competent authorities have found, on the basis of preliminary scientific evidence, to be likely to meet the criteria set out in Article 4(2), it may immediately take emergency measures, consisting of any of the bans set out in Article 7(1).
Amendment 223 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where the Commission receives the notification referred to in paragraph 2 or has other evidence concerning the presence in or imminent danger of eintryoduction into the Union of an invasive alien species which is not included on the list referred to in Article 4(1) but is likely to meet the criteria set out in Article 4(2), it shall, by means of an implementing act, conclude on the basis of preliminary scientific evidence whether the species is likely to meet these criteria and adopt emergency measures for the Union consisting of any of the bans set out in Article 7(1) for a limited time as regards the risks posed by that species, where it concludes that the criteria set out in Article 4(2) are likely to be fulfilled. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Amendment 224 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. If provided for in the implementing acts referred to in paragraph 4 the measures taken by the Member States pursuant to paragraph 1 shall be repealmay be modified for amendedimplementation in the remainder of the Union.
Amendment 234 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Action plans on the pathways of introduction of invasive alien species
Amendment 238 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall, by [18 months from the entry into force of this Regulation – date to be inserted] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action ('priority introduction pathways'), because of the volume of species or of the damage caused by the species entering the Union through them. In doing so, Member States shall in particular focus on an analysis of the pathways of introduction of invasive alien species of Union concern.
Amendment 239 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Commission shall evaluate the analysis of the pathways of introduction carried out by the Member States under Article 11(1) and propose a number of joint priority pathways for inclusion in the timetable for action referred to in Article 11(2).
Amendment 262 #
Article 15 – paragraph 1
1. After early detection and within threfive months after the transmission of the early detection notification referred to in Article 14, Member States shall apply eradication measures and notify those measures to the Commission and inform the other Member States.
Amendment 272 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. By 124 months of an invasive alien species being included on the list referred to in Article 4(1) at the latest, Member States shall have in place management measures for those invasive alien species of Union concern which the Member States have found to be widely spread on their territory, so that their impacts on biodiversity and ecosystem services, human health and the economy are minimised. Those management measures shall be based on an analysis of costs and benefits and also include the restoration measures referred to in Article 18.
Amendment 277 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The management measures shall consist of physical, chemical or biological actions aimed at the eradication, population control or containment of a population of an invasive alien species. Where appropriate, management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions. Member States shall take proportionate restoration measures to assist the recovery of an ecosystem that has been degraded, damaged, or destroyed by invasive alien species of Union concern.
Amendment 284 #
Proposal for a regulation
Article 18
Article 18
Amendment 293 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. By [three years from the date of entry into force of this Regulation – date to be inserted] at the latest1 June 2019, and every foursix years thereafter, Member States shall transmit to the Commission updated information on the following:
Amendment 298 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In a third phase, the data support mechanism referred to in paragraph 2 shall become a mechanism for exchanging information on other aspects of the application of this Regulation, including invasive alien species of Member State concern.