13 Amendments of Gerben-Jan GERBRANDY related to 2013/0307(COD)
Amendment 58 #
Proposal for a regulation
Recital 6
Recital 6
(6) To support the achievement of the objectives of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds7 , Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora8 , Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)9 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy10 , the primary objective of this Regulation should be to prevent, minimise and mitigate the adverse effects of invasive alien species on biodiversity and, ecosystem services, public health and safety, as well as to reduce their economic and social impact. __________________ 7 8 9 10OJ L 20, 26.1.2010, p. 7. OJ L 20, 26.1.2010, p. 7. 8 OJ L 206, 22.7.1992, p. 7. OJ L 206, 22.7.1992, p. 7. 9 OJ L 164, 25.6.2008, p. 19. OJ L 164, 25.6.2008, p. 19. 10 OJ L 327, 22.12.2000, p. 1. OJ L 327, 22.12.2000, p. 1.
Amendment 62 #
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, 28.6.2007, p.1. 15 OJ L 167, 27.6.2012, p. 1. 16 OJ L 309, 24.11.2009, p. 1.
Amendment 83 #
Proposal for a regulation
Recital 20
Recital 20
(20) A large proportion of invasive alien species are introduced unintentionally into the Union. It is therefore crucial to manage the pathways of unintentional introduction. Action in this area would need to be gradual, given the relatively limited experience in this field. Action should include voluntary measures, such as the actions proposed by the International Maritime Organisation's Guidelines for the Control and Management of Ships' Biofouling, and mandatory measures and should build on the experience gained in the Union and in Member States in managing certain pathways, including measures established through the International Convention for the Control and Management of Ships Ballast Water and Sediments. Accordingly the Commission should take all appropriate steps to encourage Member States to ratify the Convention, including promoting opportunities for debate between national ministers. Notwithstanding the provisions for Member State action plans laid down in Article 11, the Commission should, by three years from the date of entry into force of this Regulation, report on Member States' implementation of the aforementioned voluntary measures and should if appropriate come forward with legislative proposals to incorporate such measures into Union law.
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 161 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a National derogations for invasive alien species of Union concern 1. Invasive alien species of Union concern which are native in a Member State shall not be subject to the restrictions referred to in points (b) to (g) of Article 7(1) and in Articles 8, 11 to 15 and 19 in the territory of the Member State where they are native. 2. Member States may submit to the Commission an application for a derogation from any or all of the restrictions referred to in points (b) to (g) of Article 7(1) and in Articles 8, 11 to 15 and 19 for an invasive alien species of Union concern. 3. An application for a derogation shall be submitted only if one of the following conditions is met: (a) it is demonstrated on the basis of sound scientific evidence that that species is not invasive to the territory of that Member State, nor is it causing significant damage in neighbouring Member States; (b) a cost-benefit analysis demonstrates, on the basis of the available data and with reasonable certainty, that the costs will be exceptionally high and disproportionate to the benefits, taking into account the socioeconomic situation of that Member State. 4. An application for a derogation shall be duly reasoned and shall be accompanied by the evidence referred to in point (a) or (b) of paragraph 3. 5. The Commission shall decide, by means of implementing acts, to approve or reject the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 6. Member States shall ensure that containment measures are in place to avoid further spread of the species until the decision referred to in paragraph 5 is adopted.
Amendment 169 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) a description of the negative impact on biodiversity and ecosystem services, including on native species, protected sites, endangered habitats, on humanthe economy, public health and the economsafety including an assessment of the magnitude of future impact;
Amendment 250 #
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) the measures of the International Convention for the Control and Management of Ships Ballast Water and Sediments. and related IMO guidelines;
Amendment 269 #
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
(ca) an invasive alien species of concern does not pose any significant negative cross-border effects.
Amendment 286 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall take approportionriate restoration measures to assist the recovery of an ecosystem that has been degraded, damaged, or destroyed by invasive alien species of Union concern.
Amendment 288 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) measures to increase the abilcapacity of an ecosystem exposed to disturbance to resist, absorb, accommodate to and recover from the effects of disturbance;
Amendment 290 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Accountability 1. Based on the 'polluter-pays' principle, with a view to prevent and remedy ecosystem damage caused by invasive alien species, Member States shall take measures to ensure that the operator (natural or legal, private or public person), who is ascertained to be liable for intentional or negligent introduction or spread of invasive alien species of Union concern, is held accountable and contributes to meeting the cost of restoration. 2. Responsibility for restoration of the operator ascertained to be liable for intentional or negligent introduction or spread of invasive alien species shall continue until the species is effectively removed and the ecosystem is restored.
Amendment 311 #
Proposal for a regulation
Article 25 – paragraph 2 – point f
Article 25 – paragraph 2 – point f
(f) an order requiring the natural or legal person to take remedial measures and/or contribute to meeting the costs of restoration measures.
Amendment 313 #
Proposal for a regulation
Article 25 – paragraph 3 – point f a (new)
Article 25 – paragraph 3 – point f a (new)
(fa) the economical impact of the damage caused and the principle that the polluter should pay.