30 Amendments of Chris DAVIES 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 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 120 #
Proposal for a regulation
Article 3 – point 3
Article 3 – point 3
(3) ‘invasive alien species of Union concern’ means invasive alien species which are alien to the territory of the Union excluding the outermost regions, or alien to one biogeographical region of the Union but native to another, whose negative impact has been deemed such as to require concerted action at the level of the Union pursuant to Article 4(2);.
Amendment 146 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) they are, having regard to found, based on available scientific evidence available, found, to be alien to the territory of the Union excluding the outermost regions, or alien to one biogeographical region of the Union but native to another;
Amendment 154 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Species included on the list referred to in paragraph 1 will be selected on the basis of criteria that take account of the extent to which the species is, or could become, invasive within the territory of the European Union, and the scale of the actual or potential impact on biodiversity or ecosystem services, and human health or economic interests.
Amendment 157 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) a description of the current distribution of the species including whether the species is already present in the Union or in neighbouring countriesas a native or alien species or in neighbouring countries and a projection of its likely future distribution;
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 171 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) a description, or estimation based on the best available scientific knowledge, of the negative impact on biodiversity and ecosystem services, including on native species, protected sites, endangered habitats, on human health and the economy including an assessment of the magnitude of future impact;
Amendment 174 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) a quantified forecast of the damage costs at Union level demonstrating the significance for the Union, so as to further justify action because the overall damage would outweigh the cost of mitigation;n assessment of the potential costs at Union level
Amendment 228 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ban any intentional release into the environment, that is the process by which an organism is placed into the environment, for any purpose, without the necessary measures to prevent its escape and spreadmay establish measures, legislative or otherwise, including any of the prohibitions set out in Article 7(1), ofn invasive alien species other than invasive alien species of Union concern for which Member States consider, on the basis of scientific evidence, that thethat they consider could have an adverse impact fromon their release and spread, even where not fully ascertained, is of significance on their national territory (‘invasive alien species of Member State concern’)national territory ('invasive alien species of Member State concern'), for the purpose of preventing their introduction or of controlling the establishment and development of populations.
Amendment 237 #
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 pathways’'), because of the volume of species or of the damage caused bypotential risk associated with 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 241 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The action plan referred to in paragraph 2 shall include measures designed on the basis of an analysis of costs and benefits with at least the following, but not be limited to, measures, including as appropriate, regulatory or voluntary actions and codes of good practice to:
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) regulatory measures to minimise contaminaminimise the risk of introduction byof invasive alien species as unwanted travellers in the transport of goods and commodities, and anythe movement of vehicles and equipment, including measures tackling transport of invasive alien species from third countries;
Amendment 247 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) regulatory measures to ensure appropriate checks at the Union borders, other than the official controls pursuant to Article 13;
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 265 #
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 both targeted and non-targeted animals are spared any avoidable pain, distress or suffering.
Amendment 267 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Applications for derogations shall be based on sound scientific evidence and only be submitted if at least one of the following conditions are met:
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 294 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the distribution of the invasive alien species of Union concern present in their territory and marine waters including information regarding migratory or reproductive patterns;
Amendment 305 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Scientific sub-committee The Committee may establish a scientific sub-committee, to support it in considering scientific matters relevant to this Regulation, including but not limited to, the adoption of lists of species subject to this regulation, and actions taken pursuant to this regulation in respect of those species.
Amendment 306 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The delegation of power referred to in Article 5(2) shall be conferred on the Commission for an undetermined period of time from the entry into force of this Regulation period of five years from [the date of entry into force of this Regulation].The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
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.
Amendment 316 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. By way of derogation from to Article 7(1)(c) and (f), owners of companionpet animals not kept for commercial purposes that belong to the species included on the list referred to in Article 4(1) shall be allowed to keep them until the end of the animals' natural life, provided the following conditions are met:
Amendment 320 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For non-commercial owners who cannot ensure that the conditions set outcomply with the requirements 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 welfare when handling themmust remove the animals, ensuring that they are spared any avoidable pain, distress or suffering.
Amendment 326 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in Article 4(1) shall be allowed up to two year12 months after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex-situ conservation institutions referred to in Article 8, , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible, or to slaughterhumanely cull them to exhaust their stock.