Activities of Julie GIRLING related to 2013/0307(COD)

Proposal for a regulation
Recital 27 a (new)

(27a) The implementation of this Regulation, in particular establishing and updating the list of invasive alien species of Union concern, elements of risk assessment, emergency measures and measures for rapid eradication at an early stage of invasion, should be driven by sound scientific evidence. This requires the effective involvement of relevant members of the scientific community. Advice should therefore be actively sought through regular consultation with scientists, in particular through the establishment of a dedicated body (the “Scientific Advisory Group”) advisory to the Commission.

2013/12/05
Committee: PECH

Proposal for a regulation
Article 21 a (new)

Article 21a Scientific Advisory Group 1. The Commission shall establish a scientific advisory group which shall be composed of scientists with relevant expertise in the specific field of the prevention and management of the introduction of invasive alien species. The group shall be charged in particular with: (a) identifying new invasive alien species of possible Union concern and proposing them for inclusion on the Union list; (b) scrutinising Member State risk assessments; (c) scrutinising Member State requests for derogation from the provisions laid down in Article 4(1) and (2) in accordance with Article 4(3)(a) and (4)(a).

2013/12/05
Committee: PECH

Proposal for a regulation
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 invasive 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 lossmeets the objective of focusing on prevention, it is essential that the list is regularly revised as new invasive alien species are identified and considered to pose a risk.

2014/01/13
Committee: ENVI

Proposal for a regulation
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~~for inclusion on the list should be based on the best available scientific evidence and should follow a framework which identifies the risk in relation to the main stages of biological invasions: transport, establishment, spread and impact. The criteria should also include a risk assessment pursuant to the applicable provisions under the Agreements of the World Trade Organisation on placing trade restriction on species.

2014/01/13
Committee: ENVI

Proposal for a regulation
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~~included on the list of invasive alien species of Union concern, whilst continuing to remain on Annex B to Regulation (EC) No 338/97. __________________ 17 OJ L 61, 3.3.1997, p. 1.

2014/01/13
Committee: ENVI

Proposal for a regulation
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. Where appropriate and possible, the costs of such restoration should be borne by those responsible for the species becoming invasive.

2014/01/13
Committee: ENVI

Proposal for a regulation
Recital 27 a (new)

(27a) The implementation of this Regulation, in particular as regards the establishing and updating the list of invasive species of Union concern, elements of risk assessment, emergency measures and measures for rapid eradication at an early stage of invasion, should be informed by sound scientific evidence, thus requiring the effective involvement of relevant members of the scientific community.

2014/01/13
Committee: ENVI

Proposal for a regulation
Recital 31

(31) In order to enable non-commercial owners to continue keeping their ~~companion~~pet animals that belong to species listed as invasive alien species of Union concern until the animal's natural death, it is necessary to provide transitional measures, on the condition that all measures are put in place to avoid escape or reproduction.

2014/01/13
Committee: ENVI

Proposal for a regulation
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~~humanely cull, sell or, where relevant, hand over the specimens to research or ex-situ conservation establishments.

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 3 – point 2

(2) ‘invasive alien species’ means an alien species whose introduction orand spread has been found, through risk assessment, to threaten biodiversity and ecosystem services, and that may also have a negative impact on human health or the economy;

2014/01/13
Committee: ENVI

Proposal for a regulation
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);.

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 3 – point 9

(9) ‘ex-situ conservation’ means the conservation in a contained holding of components of biological diversity outside their natural habitat;

2014/01/13
Committee: ENVI

Proposal for a regulation
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;

2014/01/13
Committee: ENVI

Proposal for a regulation
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.

2014/01/13
Committee: ENVI

Proposal for a regulation
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.~~deleted

2014/01/13
Committee: ENVI

Proposal for a regulation
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 countries~~as a native or alien species or in neighbouring countries and a projection of its likely future distribution;

2014/01/13
Committee: ENVI

Proposal for a regulation
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;

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 5 – paragraph 1 – point g

(g) a quantified ~~forecast of the damage costs~~assessment of the potential costs of damage 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~~;

2014/01/13
Committee: ENVI

Proposal for a regulation
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 the~~that they consider could have an adverse impact ~~from~~on 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.

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 10 – paragraph 3

3. The competent authorities of Member States may issue authorisations for certain intentional releases of invasive alien species of Member State concern, provided that the following conditions have been fully taken into account: (a) there are no alternative non-invasive species that can be used to obtain similar benefits; (b) the benefits of the release are exceptionally high in comparison to the risks of damage of the species concerned; (c) the release will include risk mitigation measures so as to minimise the impact on biodiversity and ecosystem services as well as on human health and the economy; (d) adequate surveillance is in place and a contingency plan is drawn up to eradicate the species to be applied in case the damage caused by the species is considered by the competent authority to be unacceptable.deleted

2014/01/13
Committee: ENVI

Proposal for a regulation
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 by~~potential 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.

2014/01/13
Committee: ENVI

Proposal for a regulation
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:

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 11 – paragraph 3 – point a

(a) raise awareness ~~raising measures~~;

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 11 – paragraph 3 – point b

(b) ~~regulatory measures to minimise contamina~~minimise the risk of introduction byof invasive alien species as unwanted travellers in the transport of goods and commodities, and ~~any~~the movement of vehicles and equipment, including measures tackling transport of invasive alien species from third countries;

2014/01/13
Committee: ENVI

Proposal for a regulation
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;

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 11 – paragraph 3 – point d

~~(d) the measures of the International Convention for the Control and Management of Ships Ballast Water and Sediments.~~deleted

2014/01/13
Committee: ENVI

Proposal for a regulation
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.

2014/01/13
Committee: ENVI

Proposal for a regulation
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:

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 2 a (new)

2a. Where appropriate, and possible, Member States may take account of the principle of recovery of the costs of restoration measures, including environmental and resources costs, in accordance with the polluter pays principle.

2014/01/13
Committee: ENVI

Proposal for a regulation
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.

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 23 – paragraph 2

2. The delegation of power referred to in Article 5(2) shall be conferred on the Commission for a~~n 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.

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 24 – paragraphs 1 a (new), 1 b (new), 1 c (new)

1a. Those administrative measures and sanctions may include: (a) an order requiring the natural or legal person responsible for the breach to cease the conduct and to desist from a repetition of that conduct; (b) an order requiring the confiscation of the non-compliant invasive alien species of Union concern at issue; (c) a temporary ban on an activity; (d) permanent withdrawal of the authorisation of an activity; (e) administrative pecuniary sanctions; (f) an order requiring the natural or legal person to take remedial measures. 1b. When determining the type of administrative measures and sanctions, competent authorities shall take into account all relevant circumstances, including: (a) the gravity and duration of the breach; (b) the degree of involvement of the person responsible for the invasion; (c) the profit the natural or legal person makes from the breach; (d) the environmental, social and economic damage caused by the breach; (e) the level of cooperation of the person responsible with the competent authority; (f) previous breaches by the person responsible. 1c. Member States shall ensure that decisions taken by the competent authorities in accordance with this Article are subject to the right of appeal.

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 25

1. Competent authorities shall have the power to impose administrative measures and sanctions on any natural or legal person who does not comply with this Regulation. 2. Without prejudice to their supervisory powers, competent authorities shall have the power to impose at least the following administrative measures and sanctions: (a) an order requiring the natural or legal person responsible for the breach to cease the conduct and to desist from a repetition of that conduct; (b) an order requiring the confiscation of the non-compliant invasive alien species of Union concern at issue; (c) a temporary ban on an activity; (d) permanent withdrawal of the authorisation of an activity; (e) administrative pecuniary sanctions; (f) an order requiring the natural or legal person to take remedial measures. 3. When determining the type of administrative measures and sanctions, competent authorities shall take into account all relevant circumstances, including: (a) the gravity and duration of the breach; (b) the degree of involvement of the person responsible for the invasion; (c) the profit the natural or legal person makes from the breach; (d) the environmental, social and economic damage caused by the breach; (e) the level of cooperation of the person responsible with the competent authority; (f) previous breaches by the person responsible. 4. Member States shall ensure that decisions taken by the competent authorities in accordance with this Article are subject to the right of appeal.Article 25 deleted Sanctioning powers

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. By way of derogation from to Article 7(1)(c) and (f), owners of ~~companion~~pet 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:

2014/01/13
Committee: ENVI

Proposal for a regulation
Article 26 – paragraph 3

3. For non-commercial owners who cannot ~~ensure that the conditions set out~~comply 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 them~~must remove the animals, ensuring that they are spared any avoidable pain, distress or suffering.

2014/01/13
Committee: ENVI