34 Amendments of Jolanta Emilia HIBNER related to 2013/0307(COD)
Amendment 68 #
Proposal for a regulation
Recital 11
Recital 11
(11) The criteria to list invasive alien species considered to be of Union concern is the core instrument to apply these new rules. The Commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the Committee. The criteria should include a risk assessment pursuant to the applicable provisions under the Agreements of the World Trade Organisation on placing trade restriction on species.
Amendment 73 #
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 considered as a matter of priority for listing as invasive alien species of Union concern. This Regulation and Regulation (EC) No 338/97 should be viewed as mutually complementary instruments. __________________ 17 OJ L 61, 3.3.1997, p. 1.
Amendment 77 #
Proposal for a regulation
Recital 17
Recital 17
(17) With a view to enabling scientific research and ex-situ conservation activitieby establishments that are authorised to carry out such research and the activities carried out by zoos and botanical gardens, it is necessary to provide specific rules for the invasive alien species of Union concern subject to those activities. Those activities should be carried out in closed facilities where the organisms are in contained holding and with all the necessary measures taken to avoid the escape or unlawful release of invasive alien species of Union concern.
Amendment 82 #
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 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. Member States should continue to develop other national and international instruments to address the problems caused by invasive alien species. New regulations should complement existing provisions, rather than replace them outright.
Amendment 92 #
Proposal for a regulation
Recital 26
Recital 26
(26) A system to address invasive alien species should be underpinned by a centralised information system collating the existing information on alien species in the Union and allowing access to information on presence of species, their spread, their ecology, invasion history and all other information necessary to underpin policy and management decisions. The invasive alien species information system should include information from existing databases covering individual Member States, European regions (Nobanis) and Europe as a whole (Daisie).
Amendment 104 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to enable commercial operators, who may have legitimate expectations, for instance those who have received an authorisation in accordance with Regulation (EC) No. 708/2007, to exhaust their stock of invasive alien species of Union concern when these new rules enter into force, it is justified to allow them two years to slaughter, sell or hand over the specimens to research or ex-situ conservation establishmestablishments, zoos or botanical gardents.
Amendment 113 #
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) 'alien species' means any live specimens of species, subspecies or lower taxon of animals, plants, fungi or micro- organisms introduced outside its natural past or present distribution; it includes any part, gametes, seeds, eggs, or propagules of such speciecovers all stages in the development of such species and their parts, as well as any hybrids, varieties or breeds that might survive and subsequently reproduce;
Amendment 116 #
Proposal for a regulation
Article 3 – point 2
Article 3 – point 2
(2) 'invasive alien species' means an alien species whose introduction or spread has been found, through risk assessment, toescape into or spread in the natural environment could threaten biodiversity and ecosystem services, and that may also have a negative impact on human health or the economy;
Amendment 129 #
Proposal for a regulation
Article 3 – point 9
Article 3 – point 9
Amendment 131 #
Proposal for a regulation
Article 3 – point 10
Article 3 – point 10
(10) 'pathways' means the routes and mechanisms of biologicby which invasive alien species spread in the natural ienvasionsironment;
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) despite not establishing viable populations, they are found to have a negative impact, in particular by forming hybrids with native species and spreading diseases or parasites;
Amendment 153 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 155 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission or the Member States, as relevant, shall carry out the risk assessment referred to in Article 4(2)(c) and (3)(b), on the basis of an opinion delivered by the Committee composed of Member State representatives, having regard to the following elements:
Amendment 181 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The risk assessment shall be carried out with due regard for biogeographical regionalisation.
Amendment 187 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) permitted to reproduce;Does not affect English version.)
Amendment 189 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) placed on the market or offered for sale;
Amendment 191 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States may introduce and apply provisions that are more stringent than those laid down in paragraph 1.
Amendment 194 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Permits for research and ex-situ conservationfor zoos or botanical gardens
Amendment 197 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By way of derogation from the bans set out in points (a), (b), (c), (e) and (f) of Article 7(1), Member States shall establish a permit system allowing establishments that are authorised to carry out research or ex-situ conservationzoos or botanical gardens to perform such activities on invasive alien species of Union concern. The research shall be geared to mitigating the impact of biological invasions and may be carried out by establishments whose remit includes such activities.
Amendment 200 #
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 possiblein accordance with Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, p. 1), with the exception of taxa, which cannot be marked;
Amendment 204 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) The permit referred to in paragraph 1 shall be limited to the number of species and specimens that is necessary for the research or ex-situ conservatiothe zoo or botanical garden concerned and shall not exceed the capacity of the closed facility. It shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It shall accompany the invasive alien species to which it refers at all times when these are kept, brought into and transported within the Union.
Amendment 220 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State concernedCommission shall carry out a risk assessment pursuant to Article 5 for the species subject to the emergency measures without delay, given the available technical and scientific information, and in any case within 24 months from the day of the adoption of the decision to introduce emergency measures, with a view to include those species on the list referred to in Article 4(1).
Amendment 225 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Member State taking emergency measures may maintain those measures until an implementing act has been adopted, establishing emergency measures at Union level in accordance with paragraph 4 or including the species on the list referred to in Article 4(1) on the basis of the risk assessment performed by the Member State concernedCommission pursuant to paragraph 3.
Amendment 235 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall, by [1824 months from the date of entry into force of this Regulation – date to be insertede list referred to in Article 4(1)] 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 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 240 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. By [35 years from the date of entry into force of this Regulation - date to be insertede list referred to in Article 4(1)] at the latest, each Member State shall establish and implement an action plan to address the priority pathways it has identified pursuant to paragraph 1. That action plan shall include a timetable for action and shall describe the measures to be adopted to address the priority pathways and to prevent the unintentional introduction and spread of invasive alien species into the Union and into or within the environment.
Amendment 252 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By [18 month3 years from the date of entry into force of this Regulation – date to be inserted] at the latest, Member States shall have an official surveillance system in place which collects and records data on the occurrence in the environment of invasive alien species by survey, monitoring or other procedures to prevent the spread of invasive alien species into the Union.
Amendment 255 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. By [124 months from the date of entry into force of this Regulation – date to be inserted] at the latest, Member States shall have in place fully functioning structures to perform the official controls on animals and plants including their seeds, eggs, or propagulinvasive alien species, brought into the Union, necessary to prevent the intentional introduction into the Union of invasive alien species of Union concern.
Amendment 261 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. After early detection and wi, without delay and no later thian 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 t. The other Member States. shall be notified by the Commission.
Amendment 271 #
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 304 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission shall be assisted by the Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/201123. It shall have a scientific base and shall be made up of experts with specialist knowledge of invasive alien species. __________________ 23 OJ L 55, 28.2.2011, p. 13.
Amendment 319 #
Proposal for a regulation
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(ba) the specimens are marked in accordance with Article 8(2)(d);
Amendment 324 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The specimens referred to in paragraph 3 may be kept by the establishments referred to in Article 8 or in facilities specially set up for that purpose.
Amendment 325 #
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 years 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 institutioinstitutions, zoos or botanical gardens referred to in Article 8, provided that the specimens are marked in accordance with Article 8(2)(d) and 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 slaughter them to exhaust their stock. The animal specimens referred to in this paragraph may also be handed over to facilities specially set up for that purpose.