31 Amendments of Kartika Tamara LIOTARD related to 2013/0307(COD)
Amendment 65 #
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 invasivmeets the objective of placing the emphasis on prevention, it is essential that the list is constantly revised and kept up-to-date, as novel invasive alien species are identified and are considered to be a risk. The 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 losst should include as well, groups of species with similar ecological requirements to prevent the trade switching from a species on the list of Union concern to a similar but unlisted species.
Amendment 72 #
Proposal for a regulation
Recital 13
Recital 13
(13) Some invasive alien animals are included in Annex B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein17, and their import into the Union is prohibited because their invasive character has been recognised and their introduction into the Union has a negative impact on native species. These species are: Callosciurus erythraeus, Sciurus carolinensis, Oxyura jamaicensis, Lithobates (Rana) catesbeianus, Sciurus niger, Chrysemys picta, Trachemys scripta elegans. To ensure a coherent legal framework and uniform rules at Union level on invasive alien species, those invasive alien animals should be considerincluded as a matter of priority for listing ason the list of invasive alien species of Union concern. __________________ 17 OJ L 61, 3.3.1997, p. 1. OJ L 61, 3.3.1997, p. 1.
Amendment 75 #
Proposal for a regulation
Recital 15
Recital 15
(15) Some of the species that are invasive in the Union may be native in some of the Union's Outermost Regions and vice versa. In the Communication from the Commission on ‘"The outermost regions: an asset for Europe’18" it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the Treaty on the Functioning of the European Union taking into account European Council Decisions 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy19 and 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union20 . Therefore all the provisions of these new rules should apply to the Union's Outermost Regions except for provisions relating to invasive alien species of Union concern which are native to those regions. In addition, to allow for the necessary protection of the biodiversity in such regions, it is necessary that the concerned Member States draw up, as a complement to the list of invasive alien species of Union concern, specific lists of invasive alien species for their Outermost Regions to which these new rules should also apply. Those lists shall be open and constantly revised and kept up-to-date, as novel invasive alien species are identified and are considered to be a risk. __________________ 18 COM (2008)642 final. 19 OJ L 325, 9.12.2010, p. 4. 20 OJ L 204, 31.7.2012, p. 131.
Amendment 78 #
Proposal for a regulation
Recital 18
Recital 18
(18) There may be cases where alien species not yet recognised as invasive alien species of Union concern appear at the Union borders or are detected in the Union territory. Member States should therefore be granted the possibility to adopt on the basis of available scientific evidence certain emergency measures. Such emergency measures would allow immediate reaction against species which may pose risks related to their introduction, establishment and spread in those countries, while Member States assess the effective risks posed by them, in line with the applicable provisions of the Agreements of the World Trade Organisation, in particular with a view to having those species recognised as invasive alien species of Union concern. There is a need to couple national emergency measures with the possibility of adopting emergency measures at Union level in order to comply with the provisions of the agreements of the World Trade Organisation. Furthermore, Union level emergency measures would equip the Union with a mechanism to act swiftly in case of presence or imminent danger of entry of a new invasive alien species in accordance with the precautionary principle. In case emergency measures require eradication, control or containment, the welfare of targeted and non-targeted animals should be taken into account. The competent authorities should take the necessary measures to avoid pain, distress and suffering of animals during the process, based insofar as possible on best practices in the field.
Amendment 80 #
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 measurestake measures, including regulation of trade, use, breeding, cultivation, sale, keeping, transport and release into the wild, 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 88 #
Proposal for a regulation
Recital 24
Recital 24
(24) Eradicating and managing some invasive alien species, whilif deemed to be necessary, may induce pain, distress, fear or other forms of suffering to the animals even when using the best available technical means. For that reason, Member States and any operator involved in the eradication, control or containment of invasive alien species should take the necessary measures to minimiseavoid pain, distress and suffering of animals during the process, taking into account in so far as possible the best practices in the field, for example the Guiding Principles on Animal Welfare developed by the World Organisation for Animal Health (OIE). If eradication or management is considered, humane and scientifically tested methods should be used and Member States should engage with all relevant stakeholders and scientific experts in the decision making process. Non-lethal methods should be considered and any actions taken should minimise impact on non-target species.
Amendment 89 #
Proposal for a regulation
Recital 25
Recital 25
(25) Invasive alien species generally cause damage to ecosystems and reduce their resilience. Therefore restoration measures are required to strengthen the ecosystems' resilience towards invasions, to repair the damage caused and to enhance the conservation status of species and their habitats in accordance with Article 4 of Directive 2009/147/EC and Article 6 of Directive 92/43/EEC, the ecological status of inland surface waters, transitional waters, coastal waters and groundwater in accordance with Article 11 of Directive 2000/60/EC, and the environmental status of marine waters in accordance with Article 13 of Directive 2008/56/EC. Costs of such restoration measures should be borne by those individuals responsible for the species becoming invasive.
Amendment 98 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee compliance with this Regulation, it is important that Member States impose dissuasive, effective and proportionate sanctions for infringements taking into account the nature and gravity of the infringement. Sanctions should take into account the polluter pays principle and apply to all persons (commercial or non-commercial) responsible for introducing non-native species whether intentionally or unintentionally.
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A list ofcomprising invasive alien species and taxonomic groups of species of Union concern shall be adopted, and updated, by the Commission by means of implementing acts on the basis of the criteria in paragraph 2. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Invasive alien species or taxonomic groups of species shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria:
Amendment 144 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Invasive alien species of Union concern shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria prioritising action against species which could cause significant damage to biodiversity or ecosystem services:
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) the name of the species or taxonomic group of species;
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The list referred to in paragraph 1 shall comprise a maximum of fifty species including any species which may be added as result of the emergency measures foreseen by Article 9. Article 4(1) shall include the species listed in Annex B to Council Regulation (EC) No 339/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein. These species are: Callosciurus erythraeus, Sciurus carolinensis, Oxyura jamaicensis, Lithobates (Rana) catesbeianus, Sciurus niger, Chrysemys picta, Trachemys scripta elegans.
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) in case of invasive alien species that are animals, they are marked where possible using methods that do not cause any pain, distress or suffering;
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) a continuous surveillance and a contingency plan to cater for possible escape or spread is drawn up, including an eradication plan. Such plans should follow a process that ensures they are last, not first, resorts and that methods suggested are humane and cause no pain, distress or suffering to any animals, both target and non-target.
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When applying for a permit, the establishment shall provide all necessary evidence to allow the competent authority to assess whether the conditions referred to in paragraphs 2 and 3 are fulfilled. The establishment shall be subject to regular inspections by the Member State competent authority.
Amendment 266 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. When applying eradication measures, Member States shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned, with due regard to human health and the environment, and ensuring that targeted and non-targeted animals are spared any avoidable pain, distress or suffering.
Amendment 273 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. By 12 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 oninclude an analysis of costs and benefits and also include the restoration measures referred to in Article 18.
Amendment 274 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. By 12 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, taking into account the impact on the environment and on the non-target species and also include the restoration measures referred to in Article 18.
Amendment 278 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. When applying management measures, Member States shall ensure that the methods used have due regard for human health and the environment and that, when animals are targeted, theytargeted and non-targeted animals are spared any avoidable pain, distress or suffering. Member States shall ensure for management measures the following: (a) the need to act is justified; (b) the benefits of management are achievable; (c) the methods are humane; (d) the methods are effective; (e) the consequences of management are evaluated; (f) the benefits of management are maintained and sustainable.
Amendment 279 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. When applying management measures, Member States shall ensure that the methods used have due regard for human health and the environment and that, when animals are, whether targeted, they or not, are spared any avoidable pain, distress or suffering.
Amendment 281 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The surveillance system provided for in Article 12 shall be designed and used to monitor how effective eradication, population control or containment measures are in minimising the impacts on biodiversity and ecosystems services, human health or the economy. Monitoring should also assess the impact on non- targeted species and the welfare impact on targeted species.
Amendment 282 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. If the monitoring finds the eradication, population control or containment measures to be ineffective at minimising impacts, an analysis of whether to modify or terminate the measure must be undertaken.
Amendment 283 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Where there is a significant risk that an invasive alien species of Union concern will spread to a neighbouring Member State, the Member States in which the species is widely spread shall immediately notify the neighbouring Member States and the Commission. Where appropriate, the Member States concerned shall establish jointly agreed management measures. In the cases where third countries may also be affected by the spread, the Member State affected shall consider the need to inform the concerned third countries.
Amendment 287 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. 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, unless 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 of restoration. In such cases, where liability can be ascertained, the costs of restoration should be borne by those responsible for any damage, degradation or destruction to ecosystems.
Amendment 308 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall lay down the rules on administrative measures and sanctions applicable to breaches of this Regulation. Member States shall take all necessary measures to ensure that they are enforced. The measures and sanctions provided for must be effective, proportionate and dissuasive. Member States should apply the 'polluter pays' principle where appropriate.
Amendment 312 #
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 in line with the 'polluter pays' principle.
Amendment 314 #
Proposal for a regulation
Article 25 – paragraph 3 – point f a (new)
Article 25 – paragraph 3 – point f a (new)
(fa) the 'polluter pays' principle.
Amendment 322 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For non-commercial owners who cannot ensure that the conditions set out in paragraph 1 are met, Member States shall offer to them the possibility of having their specimens taken over from them and shall give due regard to animal, if suitable facilities that can provide specialist care are available. If Member States take specimens over from non- commercial owners, they must ensure that they give due regard to animals welfare and provide the animals with their needs as appropriate. Due regard should be given to the animals' welfare when handling them.