PURPOSE: to protect the aquatic environment against the risks associated with the use in aquaculture of non-indigenous species and to contribute to the sustainable development of this sector in Europe.

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

CONTENT: The regulation establishes a Community framework and sets up an authorisation system at national level for the introduction or translocation of aquatic organisms for use in aquaculture, with a view to optimising benefits associated with these practices in the EU, whilst avoiding alterations to ecosystems, preventing negative biological interaction with indigenous populations and restricting the spread of non-target species and detrimental impacts on natural habitats.

The main provisions of the Regulation are as follows:

- Member States shall ensure that all appropriate measures are taken to avoid adverse effects to biodiversity, and especially to species, habitats and ecosystem functions which may be expected to arise from the introduction or translocation of aquatic organisms and non-target species in aquaculture and from the spreading of these species into the wild. This Regulation shall not apply to the keeping of ornamental aquatic animals or plants in pet-shops, garden centres, contained garden ponds or aquaria.

- Aquaculture operators intending to undertake the introduction of an alien species or the translocation of a locally absent species shall apply for a permit from the competent authority of the receiving Member State. Applications may be submitted for multiple movements to take place over a period of not longer than seven years. The applicant shall be informed in writing within a reasonable time of the decision to issue or refuse a permit, and, in any case, not later than six months from the date of application. 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.

- 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 new measures are in line with the United Nations Convention on biological diversity, which identifies some invasive alien species as one of the causes of loss of local species and harm to marine and coastal biodiversity.

ENTRY INTO FORCE: 18/06/2007. The Regulation will apply six months after the Commission's Regulation on implementing rules enters into force, but not later than 1 January 2009.

Regulation 2007/708
OJ L 168 28.06.2007, p. 0001

SP(2007)0054

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Philippe MORILLON (ALDE, FR) and made some amendments to the proposal. (For a summary of these amendments, please see the document dated 03/10/2006.) Parliament added that any withdrawal of a permit must be justified on scientific grounds. The resolution was adopted by 429 votes in favour to 19 against with 13 abstentions.

T6-0472/2006

CES1355/2006

A6-0331/2006

A6-0331/2006

The committee adopted the report by its chairman, Philippe MORILLON (ALDE, FR) broadly approving the proposed regulation concerning use of alien and locally absent species in aquaculture, subject to a number of amendments under the consultation procedure:

- a new recital stressed that aquaculture "is not the only source of potential dissemination of alien species in the aquatic medium" and said that a comprehensive approach should be applied to this issue, taking into account the risks associated with other activities such as the use of ballast water and trade in ornamental fish;

- the regulation should not apply to "species which have commonly been used in aquaculture for more than 30 years and for which escape to the wild has been proven not to represent an environmental hazard". The committee argued that some originally non-indigenous species (e.g. the rainbow trout, Pacific oyster and carp) are now very widespread and traditionally used in Community aquaculture. The Commission should establish a list of species to which the regulation would not apply, on the basis of the scientific data available;

- the regulation should take into account the fact that closed aquaculture facilities present a lower risk of escape;

- the maximum duration of permits should be extended from 5 years, as proposed by the Commission, to 7 years in order to take account of the reproductive cycle of some species and the time needed to recoup the investment required;

- the deadline for decisions to grant or refuse permits should be shortened from one year (which the committee felt was unreasonably long) to 6 months;

- the regulation should allow several competent authorities and advisory committees to co-exist at national level where this arrangement best suits the institutional structure of a Member State;

- there should be an adequate transition period (12 months) between the entry into force and the implementation of the regulation.

PE378.541

PE374.471

PURPOSE : to establish a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these on the aquatic environment and in this manner contribute to the sustainable development of the sector.

PROPOSED ACT : Council Regulation.

CONTENT : 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 maximise 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.

Invasive alien species have been identified as one of the key causes of loss of biodiversity.

The proposed measures would regulate the introduction of such species through the setting up of a permit system. The proposal would not only enhance the protection of ecosystems but would also contribute to the continued development of the aquaculture industry.

The new framework would to ensure adequate protection of the aquatic environment 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.

The core of the present proposal is the establishment at national level of a system of permits for all new species which are introduced for aquaculture. Under the proposed measures, all projects to introduce a non-native species would have to be submitted for approval to a national advisory committee, which would determine whether the proposed introduction was ‘routine’, or not. In the case of non-routine introductions, an environmental risk assessment (ERA) would have to be carried out. Only movements which are assessed as being low risk could then be granted a permit. If the risk was considered to be medium or high, the advisory committee would enter into dialogue with the applicant to see whether adequate mitigation procedures or technologies which could reduce the risk to an adequately low level were available.

In the case of non-routine movements, the proposal provides for quarantine procedures, and in certain cases, the national authorities may also require a pilot release to be implemented prior to full-scale commercial introduction. The proposed regulation also sets out a number of requirements concerning contingency plans, monitoring procedures, and the keeping of national registers.

The scope of the current proposal is limited to movements of fish stocks which fall under the Common Fisheries Policy. Ornamental fish are therefore not concerned by these measures.

The new measures should not lead to undue delays as strict time limits are set out in the proposal. Member States will decide who pays, but it is envisaged that industry will normally bear the cost. Aquaculture operators could form associations to share the costs. As the permit can cover a five-year period, costs should not hinder the future development of aquaculture.

As regards the budgetary impact, the proposed Regulation may have some implications in terms of staff time to make applications for prospective movements of alien species and in terms of the resources needed for consulting STECF and the Advisory Committee for Fisheries and Aquaculture, but this is routine work for these committees.

COM(2006)0154
EUR-Lex

SEC(2006)0421
EUR-Lex

PURPOSE : to establish a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these on the aquatic environment and in this manner contribute to the sustainable development of the sector.

PROPOSED ACT : Council Regulation.

CONTENT : 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 maximise 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.

Invasive alien species have been identified as one of the key causes of loss of biodiversity.

The proposed measures would regulate the introduction of such species through the setting up of a permit system. The proposal would not only enhance the protection of ecosystems but would also contribute to the continued development of the aquaculture industry.

The new framework would to ensure adequate protection of the aquatic environment 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.

The core of the present proposal is the establishment at national level of a system of permits for all new species which are introduced for aquaculture. Under the proposed measures, all projects to introduce a non-native species would have to be submitted for approval to a national advisory committee, which would determine whether the proposed introduction was ‘routine’, or not. In the case of non-routine introductions, an environmental risk assessment (ERA) would have to be carried out. Only movements which are assessed as being low risk could then be granted a permit. If the risk was considered to be medium or high, the advisory committee would enter into dialogue with the applicant to see whether adequate mitigation procedures or technologies which could reduce the risk to an adequately low level were available.

In the case of non-routine movements, the proposal provides for quarantine procedures, and in certain cases, the national authorities may also require a pilot release to be implemented prior to full-scale commercial introduction. The proposed regulation also sets out a number of requirements concerning contingency plans, monitoring procedures, and the keeping of national registers.

The scope of the current proposal is limited to movements of fish stocks which fall under the Common Fisheries Policy. Ornamental fish are therefore not concerned by these measures.

The new measures should not lead to undue delays as strict time limits are set out in the proposal. Member States will decide who pays, but it is envisaged that industry will normally bear the cost. Aquaculture operators could form associations to share the costs. As the permit can cover a five-year period, costs should not hinder the future development of aquaculture.

As regards the budgetary impact, the proposed Regulation may have some implications in terms of staff time to make applications for prospective movements of alien species and in terms of the resources needed for consulting STECF and the Advisory Committee for Fisheries and Aquaculture, but this is routine work for these committees.

COM(2006)0154
EUR-Lex