Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | POC Pavel ( S&D) | SOMMER Renate ( PPE), GERBRANDY Gerben-Jan ( ALDE), DEMESMAEKER Mark ( Verts/ALE), GIRLING Julie ( ECR) |
Committee Opinion | PECH | DAVIES Chris ( ALDE) | Julie GIRLING ( ECR), Werner KUHN ( PPE), Ulrike RODUST ( S&D) |
Committee Opinion | AGRI | ||
Committee Opinion | REGI | ||
Committee Opinion | ITRE | ||
Committee Opinion | INTA | BEARDER Catherine ( ALDE) | José BOVÉ ( Verts/ALE), Jarosław WAŁĘSA ( PPE) |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Subjects
Events
PURPOSE: to prevent, minimise and mitigate the adverse impacts of invasive alien species on biodiversity and ecosystem services.
LEGISLATIVE ACT: Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.
CONTENT: this Regulation sets out rules to prevent, minimise and mitigate the adverse impact on biodiversity of the introduction and spread within the Union, both intentional and unintentional, of invasive alien species.
Whether it be animals, plants, fungi or micro-organisms, some 12 000 species in the environment of the Union and in other European countries are alien, of which roughly 10 to 15 % are estimated to be invasive.
The main elements of the Regulation are the following:
List of invasive alien species of Union concern : the Regulation provides that the Commission shall adopt, by means of implementing acts, an open list of invasive alien species of Union concern, which will be regularly updated and reviewed at least every six years . The draft implementing acts shall be submitted to the Committee by 2 January 2016.
When proposing species for listing as invasive alien species of Union concern, the Commission shall carry out the risk assessment in relation to the current and potential range of invasive alien species, having regard to certain elements.
Restrictions : the Regulation stipulates that species on this list may not be intentionally brought into the territory of the EU, nor may they be kept, bred, transported to, from or within the Union, placed on the market, grown or released into the environment.
Authorisations and permits : the Regulation also provides for a system of authorisations and permits to allow certain activities based on invasive alien species.
Competent authorities may issue the permits for activities carried out in contained holding that fulfil a certain number of conditions: (i) the invasive alien species of Union concern is kept in and handled in contained holding; (ii) transport to and from contained holding is carried out under conditions that exclude escape of the invasive alien species as established by the permit.
Invasive alien species of regional concern and species native to the Union : the Regulation states that Member States may identify, from their national list of invasive alien species of Member State concern, species native or non-native to the Union that require enhanced regional cooperation . The Commission shall act to facilitate the cooperation and coordination among those Member States involved.
Action plans on the pathways of invasive alien species : within three years of the adoption of the Union list, each Member State shall establish and implement one single action plan or a set of action plans to address the priority pathways and to prevent the unintentional introduction and spread of invasive alien species of concern, at least in their territory, as well as in their marine waters.
Within 18 months of an invasive alien species being included on the Union list, Member States shall have in place effective management measures for those invasive alien species of Union concern which the Member States have found to be widely spread on their territory.
Restoration of the damaged ecosystems : Member States shall carry out appropriate 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 of those measures will be high and disproportionate to the benefits of restoration.
Early detection : the Regulation also establishes a surveillance system for early detection (within 18 months of the adoption of the Union list, Member States shall establish a surveillance system of invasive alien species of Union concern) and measures for rapid eradication . Furthermore, Member States must provide for penalties if the Regulation is not correctly applied (seizure of the non-compliant invasive alien species of Union concern; immediate suspension or withdrawal of a permit issued).
Information support system : the Commission shall progressively establish an information support system necessary to facilitate the application of this Regulation. By 2 January 2016 that system shall include a data support mechanism interconnecting existing data systems on invasive alien species.
The Commission will assess the application of this Regulation by 1 June 2021.
ENTRY INTO FORCE: 1.1.2015.
DELEGATED ACTS: in order to take into account the latest scientific developments in the environmental field, the power to adopt acts should be delegated to the Commission for a period of five years from 1 January 2015 .
The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period may be extended by two months). If the European Parliament or the Council objects, the delegated act shall not enter into force.
The European Parliament adopted by 606 to 36 votes, with 4 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.
Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary were the result of a compromise between Parliament and Council. They amend the Commission’s proposal as follows:
Purpose: the Regulation set out rules to prevent, minimise and mitigate the adverse impacts of the introduction and spread, both intentional and unintentional, of invasive alien species on biodiversity within the Union.
Member States must take all necessary steps to prevent the unintentional introduction or spread of invasive alien species of Union concern. The amended text stated that this should also cover such introduction or spread by gross negligence, where applicable.
Scope: the amended text reflected Parliament suggestion that inclusion on the list of invasive alien species should not be capped at 50 as the Commission had suggested, but rather should be open and based on clear criteria , which should also make sure that the invasive alien species having the most significant adverse impact among the potential invasive alien species currently known are those that will be listed.
The list should be developed and updated in line with a gradual and phased-in approach and be focused on species whose inclusion in the list would effectively prevent, minimise or mitigate their adverse impacts in a cost efficient manner. As species within the same taxonomic group often have similar ecological requirements and may pose similar risk, the inclusion of taxonomic groups of species into the list of invasive alien species of Union concern should be allowed, where appropriate.
The Commission would submit a proposal for a list based on those criteria within one year of the entry into force of the Regulation.
The Regulation would not apply, inter alia, to: (i) pathogens that cause animal diseases; (ii) harmful organisms listed in Directive 2000/29/EC.
Selection criteria : invasive alien species of Union concern should only be included on the list under the conditions set out in the amended text, including: (i) they were, based on available scientific evidence, likely to have significant adverse impacts on biodiversity or the related ecosystem services, and may also have an adverse impact on human health or the economy; (ii) it was demonstrated by a risk assessment that action at Union level was required to prevent their introduction, establishment and spread; (ii) it was likely that the inclusion in the list will effectively prevent, minimise or mitigate their adverse impacts.
In adopting or updating the list (through implementing acts), the Commission should apply these criteria with due consideration to the implementation cost for the Member States, the cost of non-action, the cost-effectiveness and the socio-economic aspects. The list should include as a priority those invasive alien species that: (i) were not yet present in the Union or are at an early stage of invasion and were most likely to have significant adverse impacts; (ii) already established in the Union and had the most significant adverse impacts.
Risk assessment : such an assessment must have regard to a description of the adverse impact on biodiversity and the related ecosystem services, as well as on human health, safety, and the economy including an assessment of the potential future impacts having regard to available scientific knowledge.
The Commission should carry out the risk assessments, when proposing species for listing as invasive alien species of Union concern. Whenever a Member State submitted a request for the inclusion of a species on the list of invasive alien species of Union concern it shoudl be responsible for carrying out a risk assessment assisted by the Commission if necessary.
Invasive alien species of Member State concern : following Parliament’s suggestion, the amended text contained a definition for such species and included in the scope of the regulation were those species which were invasive to one part of the Union, but native to another. Member States may establish a national list of invasive alien species of Member State concern . For these invasive alien species, Member States may apply restrictions as provided in the amended regulation to these species. Those measures shall be compatible with the TFEU and be notified to the Commission.
Member States may identify, from their national list of Member State concern, species native or non native to the Union that required enhanced regional cooperation .
Invasive alien species of regional concern which were native in a Member State should not be subject to the certain provisions in the territory of that Member State. Member States where these species are native should cooperate with the Member States concerned for the assessment of the pathways and, in consultation with the other Member States, may adopt relevant measures to avoid further spread of these species.
| Action plans on the pathways of invasive alien species : within 18 months from the adoption of the list, Member States must carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species of Union concern, at least, in their territory, as well as in their marine and identify the pathways which require priority action. Within three years from the adoption of the, each Member State should establish and implement one single action plan or a set of action plans to address the priority pathways. Action plans should include timetables for action and describe the measures to be adopted and, as appropriate, voluntary actions and codes of good practice. Member States should also ensure coordination with the aim of establishing one single action plan or a set of action plans coordinated at the appropriate regional level according to the provisions in the text.
Management measures : for those invasive alien species of Union concern which the Member States had found to be widely spread on their territory, they must have in place effective management measures within 18 months of an invasive alien species being included on the list of invasive alien species of Union concern.
Permits: by way of derogation from the restrictions set out, a permit system should be established allowing establishments to carry out research or ex-situ conservation on invasive alien species of Union concern. Where the use of products derived from invasive alien species of Union concern is unavoidable to advance human health, the permit system could include scientific production and subsequent medicinal use.
The amended text went onto provide that the Commission should adopt, by way of an implementing act, the format of the document serving as evidence for the permit granted by a Member State, containing certain specified information such as the purpose for which the permit had been granted.
Authorisations: Parliament and Council agreed on the introduction of a new Article on authorisations, which provided that in exceptional cases , for reasons of compelling public interest, including those of a social or economic nature, Member States may allow permits for establishments to carry out activities other than the activities allowed under a permit, following an authorisation by the Commission , in accordance with the procedure and under the conditions specified the amended text. The Commission should set up and operate an electronic authorisation system and decide on applications for authorisation within 60 days of receipt.
Following the authorisation by the Commission, the relevant competent authority may issue the permit and was obliged to include in the permits provisions specified in the authorisation by the Commission.
Official controls : these provisions were strengthened by Parliament and Council in the amended text. Within a year , fully functioning structures to perform the official controls as described must be in place. Costs incurred while the verification is completed and those arising from the non-compliance shall be at the expense of the natural or legal person within the Union who brought the goods into the Union, except where the Member State concerned determines otherwise.
Costs recovery : in accordance with the polluter pays principle , Member States should aim at recovering the costs of the measures needed to prevent, minimise or mitigate the adverse impacts of the invasive alien species, including environmental and resources costs as well as the restoration cost.
Cooperation and coordination : enhanced measures on cooperation and coordination are inserted into the text. Member States should make every effort to ensure close coordination with all Member States concerned and particularly with other Member States sharing the same marine subregions, the same biogeographical region, the same borders, or the same river basin.
Scientific Forum : the Commission should ensure the participation of representatives of the scientific community appointed by the Member States to provide advice on any scientific question related to the application of the Regulation.
Penalties: these may include fines, seizure of the non-compliant invasive alien species of Union concern and immediate suspension or withdrawal of a permit.
Delegated acts: the power to adopt acts should be delegated to the Commission for a period of five years in respect of determining how to conclude that invasive alien species are capable of establishing viable populations and of spreading, as well as for setting out the common elements for the development of risk assessments.
Report: by 1 June 2021, the Commission shall assess the application of this Regulation. The review should also examine the effectiveness of the implementing provisions on invasive alien species of regional concern , the need and feasibility to include native species in the list and whether further harmonisation is needed to increase the effectiveness of the action plans and measures taken by the Member States.
The Committee on the Environment, Public Health and Food Safety adopted the report by Pavel POC (S&D, CZ) on the proposal for a regulation of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.
The committee recommended that Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Initial capping of the list of invasive alien species : whilst the Commission had proposed 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, the committee felt that this percentage was arbitrary and unjustifiable , adding that inclusion on the list should be based on clear criteria, without any limit being set.
In order to ensure that the subset of invasive alien species of Union concern met the objective of placing the emphasis on prevention, it was essential that the list was constantly revised and kept up- to-date. The list should be open, recognising an estimated 1500 invasive alien species currently present in the Union and that the rate of invasion was growing, and include all taxonomic groups include groups of species with similar ecological requirements to prevent derogations from species being traded in the Union to a similar but unlisted species.
'Invasive alien species of Member State concern' was defined a invasive alien species other than invasive alien species of Union concern, for which a Member State considered that the adverse impact from their release and spread, was of significance for its territory and required action at the level of that Member State.
Since the Commission proposal only covered those species which were alien to the entire territory of the EU, Members amended the text so that included in the scope of the regulation were those species which were invasive to one part of the Union, but native to another.
National derogations for invasive alien species of Union concern: invasive alien species of Union concern which are native in a Member State shall not be subject to the restrictions referred to in the regulation in the territory of the Member State where they are native.
An application for a derogation shall be submitted only if one of certain conditions is met, including a cost-benefit analysis showing that the costs will be exceptionally high and disproportionate to the benefits.
Selection criteria : species included on the list 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 Union, the scale of the actual or potential impact on biodiversity or ecosystem services, and human health or economic interests.
Establishment of list through a delegated act: the Commission shall be empowered to adopt delegated acts to establish and update a list setting out invasive alien species and taxonomic groups of species of Union concern on the basis of the criteria laid down in the text. The list shall take the form of an Annex to the Regulation.
Restrictions on invasive alien species of Union concern : Member States may maintain or lay down more stringent national rules with the aim of preventing the introduction, establishment and spread of invasive alien species of Union concern.
Restrictions on invasive alien species of Member State concern : Member States shall ensure coordination of their activities with relevant neighbouring Member States when adopting measures on invasive alien species of Member State concern in their national territory, if there is a significant risk of spread of such an invasive alien species to the territory of neighbouring Member States, or where a joint action would prove more effective,
Action plans on the pathways of invasive alien species : within two years from the adoption of the list, there must be comprehensive analyses of the pathways of unintentional introduction and spread of invasive alien species of Union concern identifying the pathways which require priority action.
Within three years from the adoption of the list each Member State shall establish and implement an action plan to address the priority pathways.
Action plans do not have to include the measures of the International Convention for the Control and Management of Ships Ballast Water and Sediments as the Commission had proposed.
Accountability: the report contained a new clause stating the operator (natural or legal, private or public person), who was ascertained to be responsible for intentional or negligent introduction or spread of invasive alien species of Union concern, must held accountable and contributes substantially to meeting the cost of restoration, based on the ‘polluter-pays’ principle, and with a view to preventing and remedying ecosystem damage caused by invasive alien species.
Accountability for restoration of the operator ascertained to be responsible for intentional or negligent introduction or spread of invasive alien species shall continue until that species is effectively removed and the ecosystem is restored.
Information support system : the committee wanted this to be established within 12 months.
Scientific Forum: the implementation of the 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 required the effective involvement of relevant members of the scientific community and the establishment of a dedicated body called the Scientific Forum. .
The Forum will:
· provide opinions concerning species that may be considered for risk assessment with a view to their possible inclusion (and removal( in the list of invasive alien species of Union concern; and
· upon request, conduct risk assessments.
The Scientific Forum shall be chaired by the Commission.
Sanctions : 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 not.
Public participation : early and effective public participation was particularly important during the process to adopt or update the list of invasive alien species of Union concern and the establishment of action plans and measures. Local and regional authorities must also be involved in decisions taken by Member States on tackling invasive species, as they played a vital role in the implementation of those decisions and in raising public awareness and providing information.
Report : within 5 years from the date of adoption of the regulation, the Commission shall assess the effectiveness of the regulation including the appropriateness of financing its implementation , and, on the basis of an examination of the financial background, should make a proposal concerning Union financial support in the next financial cycle.
PURPOSE: to prevent, minimise and mitigate the adverse impacts of invasive alien species (IAS) on biodiversity and ecosystem services.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: it has been estimated that of the over 12 000 alien species that are found in the European environment, 10-15% have reproduced and spread, causing environmental, economic and social damage.
Invasive alien species (IAS) are one of the major, and growing, causes of biodiversity loss and species extinction. They can be vectors of diseases or directly cause health problems. They can damage infrastructure and recreational facilities, hamper forestry or cause agricultural losses, to mention but a few. IAS are estimated to cost the Union at least EUR 12 billion per year and damage costs are continuing to rise.
The European Union currently lacks a comprehensive framework to address the threats posed by IAS . With the 2020 Biodiversity Strategy , the Union undertook to halt the loss of biodiversity by 2020, in line with the international commitments adopted by the parties to the Convention for Biological Diversity in 2010 in Nagoya, Japan.
IMPACT ASSESSMENT: in addition to the baseline option (option 0), which would maintain the status quo, the following options were identified:
Option 1 : Enhancing cooperation and supporting voluntary action. Option 2.1 : Basic legislative instrument. Option 2.2 : Basic legislative instrument + permits for release of IAS of Member State. Option 2.3 : Basic legislative instrument + a strict general ban on the release of alien species, unless found to be safe. Option 2.4 : Basic legislative instrument + an obligation for the rapid eradication of newly establishing IAS of Union concern : with this option, when it comes to rapid response, Member States would not have a choice, but rather an obligation to eradicate quickly any newly establishing IAS of Union concern and share information. Derogations are possible if approved by the Commission.
Option 2.4 was retained and informs the present proposal.
LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union.
CONTENT: this proposal aims to tackle the issues highlighted above by establishing a framework for action to prevent, minimise and mitigate the adverse impacts of IAS on biodiversity and ecosystem services. Furthermore, it will seek to limit social and economic damage.
In practical terms, the proposal seeks to attain these objectives through measures addressing : (i) the intentional introduction of IAS into the Union and their intentional release into the environment; (ii) the unintentional introduction and release of IAS, the need to set up an early warning and rapid response system ; (ii) the need to manage the IAS spread throughout the Union.
The proposal:
provides the tools for prioritising IAS of Union concern to enable Union resources to be prioritised on the basis of risk and scientific evidence; establishes the measures necessary to prevent the introduction into the Union and the introduction or release into the environment of IAS; sets out the tools to ensure that IAS of Union concern can be detected early in the environment and at the Union borders and describes the measures that are triggered when these IAS are detected; establishes the obligations necessary to tackle IAS of Union concern that are already present in the Union or new ones that have eluded the prevention measures and early detection measures and managed to spread widely.
BUDGETARY IMPLICATION: the budgetary implication on the credit appropriations of an administrative nature is estimated at EUR 560 000 for the first seven years (2015-2021).
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU).
Documents
- Follow-up document: COM(2021)0628
- Follow-up document: EUR-Lex
- Follow-up document: COM(2019)0085
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 2014/1143
- Final act published in Official Journal: OJ L 317 04.11.2014, p. 0035
- Draft final act: 00070/2014/LEX
- Commission response to text adopted in plenary: SP(2014)471
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0425/2014
- Contribution: COM(2013)0620
- Committee report tabled for plenary, 1st reading: A7-0088/2014
- Amendments tabled in committee: PE528.064
- Committee opinion: PE524.661
- Committee opinion: PE521.601
- Economic and Social Committee: opinion, report: CES6354/2013
- Amendments tabled in committee: PE526.237
- Amendments tabled in committee: PE526.283
- Amendments tabled in committee: PE526.298
- Committee draft report: PE524.576
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0323
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0321
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0322
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2013)0620
- Document attached to the procedure: EUR-Lex SWD(2013)0323
- Document attached to the procedure: EUR-Lex SWD(2013)0321
- Document attached to the procedure: EUR-Lex SWD(2013)0322
- Committee draft report: PE524.576
- Amendments tabled in committee: PE526.237
- Amendments tabled in committee: PE526.283
- Amendments tabled in committee: PE526.298
- Economic and Social Committee: opinion, report: CES6354/2013
- Committee opinion: PE521.601
- Committee opinion: PE524.661
- Amendments tabled in committee: PE528.064
- Commission response to text adopted in plenary: SP(2014)471
- Draft final act: 00070/2014/LEX
- Follow-up document: COM(2019)0085 EUR-Lex
- Follow-up document: COM(2021)0628 EUR-Lex
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
- Contribution: COM(2013)0620
Votes
A7-0088/2014 - Pavel Poc - Résolution législative #
Amendments | Dossier |
303 |
2013/0307(COD)
2013/12/05
PECH
16 amendments...
Amendment 16 #
Proposal for a regulation Recital 11 (11) The criteria to list invasive alien species considered to be of Union concern
Amendment 17 #
Proposal for a regulation 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
Amendment 18 #
Proposal for a regulation 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
Amendment 19 #
Proposal for a regulation 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 shall 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 shall, three years from the date of implementation of this Regulation, report on Member States’ implementation of the aforementioned voluntary measures. In the event of delays in the entry into force of the Convention, the Commission should seek coordinated action between Member States, non-EU shipping nations, and international shipping organisations to put forward measures preventing the unintentional introduction of species by this particular pathway.
Amendment 20 #
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.
Amendment 21 #
Proposal for a regulation Article 4 – paragraph 1 1. A list of invasive alien species of Union concern shall be adopted, and updated, by the Commission
Amendment 22 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) they are, having regard to the best and most recent scientific evidence available, found to be alien to the territory of the Union excluding the outermost regions;
Amendment 23 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) they are, having regard to the best and most recent scientific evidence available, found to be capable of establishing a viable population and spreading in the environment under current or foreseeable climate change conditions anywhere in the Union excluding the outermost regions;
Amendment 24 #
Proposal for a regulation Article 4 – paragraph 4 4. The list referred to in paragraph 1
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 1 – point g (g) a quantified forecast of the damage costs at Union level demonstrating the significance for the Union, together with an estimate of the resources required for, and the cost of, mitigation at Member State level, so as to further justify action because the overall damage would outweigh the cost of mitigation;
Amendment 26 #
Proposal for a regulation Article 19 – paragraph 1 – point b (b) the distribution of the invasive alien species of Union concern present in their territory and in their fresh and marine waters;
Amendment 27 #
Proposal for a regulation Article 21 – title Public participation Public participation and stakeholder involvement and exchange of information
Amendment 28 #
Proposal for a regulation Article 21 – paragraph 1 a (new) 1a. With a view to facilitating an effective and transparent exchange of information concerning implementation of various aspects of the Regulation the Commission shall establish and regularly convene an invasive alien species forum composed of representatives of Member States, the industries and sectors concerned and non- governmental organisations promoting environmental protection and animal welfare. In particular, the Commission shall take account of recommendations of the forum on drawing up and updating the list referred to in Article 4(1) and emergency measures to be adopted in accordance with Article 9(4) for the Union for invasive alien species not included on the list referred to in Article 4(1). It shall also use the forum to promote exchange of information relative to species distribution and management options, including humane control methods.
Amendment 29 #
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).
Amendment 30 #
Proposal for a regulation Article 21 a (new) Article 21a Scientific Review Group 1. A Scientific Review Group is hereby established. The Scientific Review Group shall be responsible for preparing the opinion considered by the Commission and the Committee of Article 22 on the following issues: (a) preparing and updating the list of invasive alien species of Union concern; (b) scientific and technical matters concerning the type of admissible specific evidence referred to in Article 4(2)(b) and application of elements set out in Article 5(1)(a) to (h), including the methodology to be applied in the assessment of such elements, in accordance with Article 5(2); (c) risk assessments conducted in accordance with Article 5(1); (d) emergency measures to be adopted in accordance with Article 9(4) for the Union for invasive alien species not included on the list referred to in Article 4(1) (e) at the request of the Commission or of Member States’ competent authorities, any other scientific or technical questions that arise from the operation of this Regulation. 2. The Scientific Review Group members shall be appointed by the Commission on the basis of their experience and expertise relevant to performing the tasks specified in paragraph 1, taking into account geographical distribution that reflects the diversity of scientific problems and approaches in the Union. The Commission shall determine the number of members in accordance with the requisite needs.
Amendment 31 #
Proposal for a regulation Article 22 source: PE-523.070
2013/12/19
INTA
14 amendments...
Amendment 17 #
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
Amendment 18 #
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
Amendment 19 #
Proposal for a regulation Recital 16 (16) The risks and concerns associated with invasive alien species represent a cross-border challenge affecting the whole of the Union. It is therefore essential to adopt at Union level a ban on intentionally bringing into the Union, reproducing, growing, transporting, buying, selling, using, exchanging, keeping and releasing invasive alien species of Union concern, to ensure that early and consistent action is taken across the Union so as to avoid distortions of the internal market and to prevent situations where action taken in one Member State is undermined by inaction in another Member State.
Amendment 20 #
Proposal for a regulation Recital 18 a (new) (18a) Member States should be allowed to maintain or adopt national rules for the management of invasive alien species that are more stringent than those laid down in this Regulation.
Amendment 21 #
Proposal for a regulation 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 more effectively. 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.
Amendment 22 #
Proposal for a regulation Recital 33 a (new) (33a) Member States may maintain or adopt national rules for the management of invasive alien species that are more stringent than those laid down in this Regulation for invasive species of Union concern and may extend the provisions on invasive species of Union concern to cover alien invasive species of Member State concern.
Amendment 23 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 24 #
Proposal for a regulation Article 2 – paragraph 2 – point g a (new) (ga) species used in closed aquaculture facilities in accordance with Regulation (EC) No 708/2007.
Amendment 25 #
Proposal for a regulation Article 3 – paragraph 1 – 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 species, as well as any feral domestic species, hybrids, varieties or breeds that might survive and subsequently reproduce;
Amendment 26 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 a (new) (3a) 'invasive alien species of Member State concern' means invasive alien species other than invasive alien species of Union concern, for which a Member State considers that the adverse impact of their release and spread, even where not fully ascertained, is of significance for its territory;
Amendment 27 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2.
Amendment 28 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) they are, having regard to scientific evidence available, found to be
Amendment 29 #
Proposal for a regulation Article 4 – paragraph 4 4. The list referred to in paragraph 1 shall
Amendment 30 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Species included on the list referred to in Article 4(1) shall not be intentionally or negligently:
source: PE-526.170
2014/01/13
ENVI
273 amendments...
Amendment 100 #
Proposal for a regulation Recital 31 (31) In order to enable non-commercial owners to continue keeping their
Amendment 101 #
Proposal for a regulation Recital 32 (32) In order to enable commercial operators,
Amendment 102 #
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
Amendment 103 #
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
Amendment 104 #
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 hand over the specimens to research
Amendment 105 #
Proposal for a regulation Recital 33 a (new) (33a) Member States may maintain or adopt national rules for the management of invasive alien species that are more stringent than those laid down in this Regulation on invasive alien species of Union concern; they may, in addition, extend the provisions relating to invasive alien species of Union concern also to invasive alien species of Member State concern.
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to all invasive alien species
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 108 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 109 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) disease agents that cause animal diseases regulated as defined in Article 4(1)(14) of Regulation (EU) No XXX/XXXX [animal health law- COM(2013) 260 final];
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 2 – point e Amendment 111 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) species listed in Annex IV of Regulation (EC) No 708/2007, provided that they are to be used in aquaculture ;
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 2 – point e a (new) (ea) species regulated in Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes;
Amendment 113 #
Proposal for a regulation 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
Amendment 114 #
Proposal for a regulation 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, deliberately or unintentionally, outside its natural past or present distribution and spread; it includes any part, gametes, seeds, eggs, or propagules of such species, as well as any feral domestic species, hybrids, varieties or breeds that might survive and subsequently reproduce;
Amendment 115 #
Proposal for a regulation Article 3 – point 1 (1)
Amendment 116 #
Proposal for a regulation Article 3 – point 2 (2) 'invasive alien species' means an alien species whose
Amendment 117 #
Proposal for a regulation Article 3 – point 2 (2) ‘invasive alien species’ means an alien species whose introduction
Amendment 118 #
Proposal for a regulation Article 3 – point 2 (2) ‘invasive alien species’ means an alien
Amendment 119 #
Proposal for a regulation Article 3 – point 2 (2) ‘invasive alien species’ means an alien species whose introduction or spread has been found, through risk assessment, to threaten biodiversity and ecosystem services, and that may also have a negative impact on human health
Amendment 120 #
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
Amendment 121 #
Proposal for a regulation Article 3 – point 3 a (new) (3a) ‘Invasive alien species of Member State concern’ means invasive alien species other than invasive alien species of Union concern, for which a Member State considers that the adverse impact of their release and spread, even where not fully ascertained, is of significance for its territory, and which therefore require action to be taken at the level of each Member State concerned;
Amendment 122 #
Proposal for a regulation Article 3 – point 3 a (new) (3a) ‘Invasive alien species of Member State concern’ means invasive alien species other than invasive alien species of Union concern, for which each Member State considers the adverse impact to require action at Member State level;
Amendment 123 #
Proposal for a regulation Article 3 – point 3 a (new) (3a) 'invasive alien species of Member State concern' means invasive alien species other than invasive alien species of Union concern for which Member States consider, on the basis of scientific evidence, that the adverse impact of their release and spread, even where not fully ascertained, is of significance for the biodiversity and the ecosystem services on their territories;
Amendment 124 #
Proposal for a regulation Article 3 – point 3 a (new) (3a) 'invasive alien species of Member State concern' means invasive alien species other than invasive alien species of Union concern, for which a Member State considers that the adverse impact of their release and spread, even where not fully ascertained, is of significance for its territory, or part of it;
Amendment 125 #
Proposal for a regulation Article 3 – point 5 (5)
Amendment 126 #
Proposal for a regulation Article 3 – point 5 (
Amendment 127 #
Proposal for a regulation Article 3 – point 7 (7) 'research' means descriptive or experimental work, undertaken under regulated conditions to
Amendment 128 #
Proposal for a regulation Article 3 – point 7 (7)
Amendment 129 #
Proposal for a regulation Article 3 – point 9 Amendment 130 #
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;
Amendment 131 #
Proposal for a regulation Article 3 – point 10 (10) 'pathways' means the routes and mechanisms
Amendment 132 #
Proposal for a regulation Article 3 – point 10 (10)
Amendment 133 #
Proposal for a regulation Article 3 – point 12 (12) 'eradication' means the complete and
Amendment 134 #
Proposal for a regulation Article 3 – point 12 (12) ‘eradication’ means the complete and permanent removal of a population of invasive alien species by lethal or non- lethal physical, chemical or biological means;
Amendment 135 #
Proposal for a regulation Article 3 – point 14 (14) ‘management’ means any lethal or non-lethal physical, chemical or biological action aimed at the eradication, population control or containment of a population of an invasive
Amendment 136 #
Proposal for a regulation Article 3 – point 16 (16)
Amendment 137 #
Proposal for a regulation Article 3 – point 16 (16) ‘population control’ means lethal or non-lethal physical, chemical or biological actions applied to a population of invasive alien species, while also avoiding impact on non-targeted species and their habitats, with the aim of keeping the number of individuals as low as possible, so that, while not being able to eradicate the species, its invasive capacity and adverse impacts on biodiversity and ecosystem services, or on human health and the economy, are minimised.
Amendment 138 #
Proposal for a regulation Article 3 – point 16 a (new) (16a) ‘non-lethal’ means the method for management of invasive alien species that does not provide for the killing of specimens included in the management plan.
Amendment 139 #
Proposal for a regulation Article 3 – point 16 a (new) (16a) ‘companion animals’ means domesticated animals generally kept by people in their homes for company and which belong to species that man traditionally and habitually breeds and owns to live domestically in his home, as well as animals used to accompany, guide and assist people who are blind or have serious or severe eyesight problems.
Amendment 140 #
Proposal for a regulation Article 3 – point 16 b (new) (16b) ‘naturalisation’ means the process via which an alien species becomes (a new) part of the local flora or fauna, reproduces and spreads without this process being assisted by man;
Amendment 141 #
Proposal for a regulation Article 4 – paragraph 1 1. A list of invasive alien species of Union concern shall be adopted, and updated, by the Commission by means of
Amendment 142 #
Proposal for a regulation Article 4 – paragraph 1 1. A list
Amendment 143 #
Proposal for a regulation 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 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 145 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) they are, having regard to scientific evidence available, found to be
Amendment 146 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) they are
Amendment 147 #
Proposal for a regulation Article 4 – paragraph 2 – point b a (new) (ba) they are, having regard to scientific evidence available, found to be capable of establishing a viable population and endangering plant health as defined in Article 2 of Regulation (EU) [Regulation of the European parliament and of the Council on protective measures against pests of plants] and agriculture as a whole, with a direct and unacceptable economic impact for that territory;
Amendment 148 #
Proposal for a regulation Article 4 – paragraph 2 – point b a (new) (ba) they are, having regard to scientific evidence available, found to be a threat to the health of plants and agriculture, with a direct economic impact on the territory;
Amendment 149 #
Proposal for a regulation 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 150 #
Proposal for a regulation Article 4 – paragraph 2 – point b a (new) (ba) they pose a significant danger to human health, the economy and the ecosystem;
Amendment 151 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. In addition, Member States may at any time submit to the Commission requests for the inclusion of invasive alien species on the list referred to in paragraph 1. Those requests shall include all of the following criteria:
Amendment 152 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) the name of the species or taxonomic group of species;
Amendment 153 #
Proposal for a regulation Article 4 – paragraph 3 – point b Amendment 154 #
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.
Amendment 155 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 156 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 157 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 158 #
Proposal for a regulation Article 4 – paragraph 4 4. The list referred to in
Amendment 159 #
Proposal for a regulation Article 4 – paragraph 4 4.
Amendment 160 #
Proposal for a regulation Article 4 – paragraph 4 a (new) Amendment 161 #
Proposal for a regulation Article 4 a (new) Article 4a National derogations for invasive alien species of Union concern 1. Invasive alien species of Union concern which are native in a Member State shall not be subject to the restrictions referred to in points (b) to (g) of Article 7(1) and in Articles 8, 11 to 15 and 19 in the territory of the Member State where they are native. 2. Member States may submit to the Commission an application for a derogation from any or all of the restrictions referred to in points (b) to (g) of Article 7(1) and in Articles 8, 11 to 15 and 19 for an invasive alien species of Union concern. 3. An application for a derogation shall be submitted only if one of the following conditions is met: (a) it is demonstrated on the basis of sound scientific evidence that that species is not invasive to the territory of that Member State, nor is it causing significant damage in neighbouring Member States; (b) 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, taking into account the socioeconomic situation of that Member State. 4. An application for a derogation shall be duly reasoned and shall be accompanied by the evidence referred to in point (a) or (b) of paragraph 3. 5. The Commission shall decide, by means of implementing acts, to approve or reject the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 6. Member States shall ensure that containment measures are in place to avoid further spread of the species until the decision referred to in paragraph 5 is adopted.
Amendment 162 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The Commission
Amendment 163 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The Commission
Amendment 164 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) a description of its reproduction and spread patterns and dynamic including an assessment of whether the environmental conditions necessary for reproduction and spread exist;
Amendment 165 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) a description of the potential pathways of
Amendment 166 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) a thorough assessment of the risk of
Amendment 167 #
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
Amendment 168 #
Proposal for a regulation 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 human health and the economy
Amendment 169 #
Proposal for a regulation 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
Amendment 170 #
Proposal for a regulation 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 safety, human health and the economy including an assessment of the magnitude of future impact;
Amendment 171 #
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;
Amendment 172 #
Proposal for a regulation Article 5 – paragraph 1 – point f a (new) (fa) a description of the negative impact on plant health as defined in Article 2 of Regulation (EU) [Regulation of the European Parliament and of the Council on protective measures against pests of plants] and agriculture as a whole, including an assessment of the magnitude of future impact;
Amendment 173 #
Proposal for a regulation Article 5 – paragraph 1 – point g Amendment 174 #
Proposal for a regulation Article 5 – paragraph 1 – point g (g) a
Amendment 175 #
Proposal for a regulation Article 5 – paragraph 1 – point g (g) a quantified
Amendment 176 #
Proposal for a regulation 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
Amendment 177 #
Proposal for a regulation 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
Amendment 178 #
Proposal for a regulation Article 5 – paragraph 1 – point g (g) an approximate 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;
Amendment 179 #
Proposal for a regulation Article 5 – paragraph 1 – point h a (new) (ha) a description of the negative effects on plant health and agriculture as a whole, together with an assessment of the extent of future effects;
Amendment 180 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 a (new) The European Environment Agency shall assist Member States with the supply of information on the above elements if they so request.
Amendment 181 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The risk assessment shall be carried out with due regard for biogeographical regionalisation.
Amendment 182 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 23 to further specify the type of admissible scientific evidence referred to in Article 4(2)(b) and to provide a detailed description of the application of the elements set out in paragraph 1(a) to (h) of this Article, including the methodology to be applied in the assessment of such elements, taking into account relevant national and international standards and the need to prioritise action against species associated with or that have the potential to cause significant
Amendment 183 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission shall be empowered to
Amendment 184 #
Proposal for a regulation Article 6 a (new) Article 6a National lists of invasive alien species of concern to the Member State Each Member State may introduce national lists or keep existing ones in order to prevent the introduction, establishment and spread of invasive alien species of concern to that Member State, applying to these species within its territory any or all of the prohibitions referred to in Article 7(1). 2. Member States shall ban any intentional release into the environment, that is to say the process by which an organism is placed into the environment, for any purpose, unless a risk assessment shows that there is no risk to biodiversity and the competent authority of the Member State issues a permit for such release. 3. Each Member State shall inform the Commission and the other Member States of the invasive alien species of concern to it. 4. Any Member State may cooperate with neighbouring EU countries in taking measures to control invasive alien species of concern to it.
Amendment 185 #
Proposal for a regulation Article 7 – paragraph 1 1. Species
Amendment 186 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 187 #
Proposal for a regulation Article 7 – paragraph 1 – point b (
Amendment 188 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) transported, except for the transportation of species to facilities for
Amendment 189 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) placed on the market or offered for sale;
Amendment 190 #
Proposal for a regulation Article 7 – paragraph 1 – point f (f) notwithstanding Article 8, kept or grown, including in contained holding;
Amendment 191 #
Proposal for a regulation 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 192 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. Member States shall prohibit the import, trading, exchange, release and transport of captured wild animals that are alien to the wild fauna of the European Union.
Amendment 193 #
Proposal for a regulation Article 8 – title Amendment 194 #
Proposal for a regulation Article 8 – title Permits for research and
Amendment 195 #
Proposal for a regulation Article 8 – paragraph 1 1. By way of derogation from the
Amendment 196 #
Proposal for a regulation Article 8 – paragraph 1 1. By way of derogation from the
Amendment 197 #
Proposal for a regulation 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
Amendment 198 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b) the activity is to be carried out by personnel possessing the scientific
Amendment 199 #
Proposal for a regulation Article 8 – paragraph 2 – point d Amendment 200 #
Proposal for a regulation Article 8 – paragraph 2 – point d (d) in case of invasive alien species that are animals, they are marked
Amendment 201 #
Proposal for a regulation 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 (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 203 #
Proposal for a regulation Article 8 – paragraph 2 – point g (g) The permit referred to in paragraph 1 shall be limited to the
Amendment 204 #
Proposal for a regulation 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
Amendment 205 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) they are physically isolated and they cannot escape or spread or be removed from the facilities where they are kept by unauthorised persons; cleaning, waste handling and maintenance protocols shall ensure that no specimens or reproducible parts can escape, spread or be removed by unauthorised persons;
Amendment 206 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) they are physically isolated and they cannot escape or spread or be removed from the facilities were they are kept by unauthorised persons; cleaning, waste handling and maintenance protocols shall ensure that no specimens or reproducible parts can escape, spread or be removed by unauthorised persons;
Amendment 207 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) their removal from the facilities
Amendment 208 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) their removal from the facilities or disposal or destruction, or in the case of vertebrates, humane euthanasia, is done in such way
Amendment 209 #
Proposal for a regulation Article 8 – paragraph 3 – point b a (new) (ba) their disposal or destruction, permitted exclusively for plants, insects, fungi or micro-organisms, is done in such way as to exclude propagation or reproduction outside of the facilities.
Amendment 210 #
Proposal for a regulation 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 211 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. Member States shall once a year inform the Commission of the number of granted permits.
Amendment 212 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. A copy of the permits referred to in paragraph 1 shall be sent to the Committee set up under Article 22, which shall have two months to forward its observations, failing which the permit shall be considered valid.
Amendment 213 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. Member States shall ensure that inspections are carried out by the competent authorities to ensure the facility’s compliance with the conditions set out for the permit issued.
Amendment 214 #
Proposal for a regulation Article 8 – paragraph 4 b (new) 4b. Member States shall ensure that inspections are carried out by the competent authority to ensure the facility’s compliance with the conditions set for the permit issued.
Amendment 215 #
Proposal for a regulation Article 8 – paragraph 4 b (new) 4b. No exemptions regarding the activities prohibited under Article 7 in respect of invasive alien species of concern to the Union shall apply in areas containing threatened species referred to in Directives 2009/147/EC and 92/43/EEC, where it is scientifically proven that invasive alien species of concern to the Union have a direct impact on them.
Amendment 216 #
Proposal for a regulation Article 8 – paragraph 4 c (new) 4c. Member States shall submit to the Commission reports on the inspections required pursuant to paragraph 4b.
Amendment 217 #
Proposal for a regulation Article 8 a (new) Amendment 218 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a Member State has evidence concerning the presence in, or imminent danger of
Amendment 219 #
Proposal for a regulation Article 9 – paragraph 3 3. The Member State concerned 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 12
Amendment 220 #
Proposal for a regulation Article 9 – paragraph 3 3. The
Amendment 221 #
Proposal for a regulation Article 9 – paragraph 3 3. The Member State concerned or the Commission where applicable, 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 222 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 223 #
Proposal for a regulation Article 9 – paragraph 4 4. Where the Commission receives the notification referred to in paragraph 2 or has other evidence concerning the presence in or imminent danger of
Amendment 224 #
Proposal for a regulation Article 9 – paragraph 5 5. If provided for in the implementing acts referred to in paragraph 4 the measures taken by the Member States pursuant to paragraph 1
Amendment 225 #
Proposal for a regulation 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
Amendment 226 #
Proposal for a regulation Article 10 Amendment 227 #
Proposal for a regulation Article 10 Amendment 228 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States
Amendment 229 #
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 spread, of invasive alien
Amendment 230 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. Member States shall ensure coordination of their activities with relevant neighbouring Member States when adopting measures on invasive alien species of Member State concern in their national territory, if there is a significant risk of spread of such an invasive alien species to the territory of neighbouring Member States, or where a joint action would prove more effective, with the aim of producing joint action plans for such species.
Amendment 231 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 232 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a. Member States shall consult relevant neighbouring Member States when considering issuing such authorisation for intentional releases.
Amendment 233 #
Proposal for a regulation Article 10 a (new) Amendment 234 #
Proposal for a regulation Article 11 – title Action plans on the pathways of introduction of invasive alien species
Amendment 235 #
Proposal for a regulation Article 11 – paragraph 1 1. Member States shall, by [
Amendment 236 #
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
Amendment 237 #
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
Amendment 238 #
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 introduction 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 239 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. The Commission shall evaluate the analysis of the pathways of introduction carried out by the Member States under Article 11(1) and propose a number of joint priority pathways for inclusion in the timetable for action referred to in Article 11(2).
Amendment 240 #
Proposal for a regulation Article 11 – paragraph 2 2. By [
Amendment 241 #
Proposal for a regulation Article 11 – paragraph 3 – introductory part 3. The action plan referred to in paragraph 2 shall include
Amendment 242 #
Proposal for a regulation Article 11 – paragraph 3 – introductory part 3. The action plan referred to in paragraph 2 shall include
Amendment 243 #
Proposal for a regulation Article 11 – paragraph 3 – point a (a) public information and awareness raising measures;
Amendment 244 #
Proposal for a regulation Article 11 – paragraph 3 – point a (a) raise awareness
Amendment 245 #
Proposal for a regulation Article 11 – paragraph 3 – point b (b) regulatory measures to minimise
Amendment 246 #
Proposal for a regulation Article 11 – paragraph 3 – point b (b)
Amendment 247 #
Proposal for a regulation Article 11 – paragraph 3 – point c (c)
Amendment 248 #
Proposal for a regulation Article 11 – paragraph 3 – point c (c) regulatory measures to ensure appropriate
Amendment 249 #
Proposal for a regulation Article 11 – paragraph 3 – point d Amendment 250 #
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
Amendment 251 #
Proposal for a regulation Article 11 a (new) Article 11a Coordination and cooperation between Member States 1. Member States shall, when implementing their obligations under this Regulation in relation to invasive alien species as referred to in Article 4, make every effort to ensure close coordination with all Member States concerned. 2. Whenever possible, Member States concerned shall make every effort to cooperate, including with third countries as appropriate, for the purpose of surveillance, early detection, eradication or management of invasive alien species of Member State concern as well as any other kind of measures for the purpose of preventing, minimising and mitigating the adverse impacts of the introduction and spread of invasive aliens species of Member State concern on biodiversity and ecosystem services.
Amendment 252 #
Proposal for a regulation Article 12 – paragraph 1 1. By [
Amendment 253 #
Proposal for a regulation Article 12 – paragraph 1 1. By [18 months 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 confirm the absence, detect the first arrival or prevent the spread of invasive alien species into the Union.
Amendment 254 #
Proposal for a regulation Article 12 – paragraph 2 a (new) 2a. Member States shall introduce a notification requirement for owners of companion animals kept for non- commercial purposes which belong to one of the species included in the list drawn up pursuant to Article 4(1).
Amendment 255 #
Proposal for a regulation Article 13 – paragraph 1 1. By [
Amendment 256 #
Proposal for a regulation Article 13 – paragraph 1 1. By [12 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 propagules, brought into the Union, necessary to prevent the
Amendment 257 #
Proposal for a regulation Article 13 – paragraph 5 a (new) 5a. The border control authorities shall keep record of the invasive alien species of Member State concern for which they have received information as defined in Article 10(2) and which are found during their controls.
Amendment 258 #
Proposal for a regulation Article 13 – paragraph 7 7. Based on best-practices, Member States shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of Union concern through cooperation between all authorities involved in the verifications referred to in paragraph 2.
Amendment 259 #
Proposal for a regulation Article 13 – paragraph 7 7. The Commission, together with the Member States, shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of Union concern through cooperation between all authorities involved in the verifications referred to in paragraph 2. The training programmes for custom authorities shall include information on filling the Single Administrative Document on which the customs declaration is made.
Amendment 260 #
Proposal for a regulation Article 13 – paragraph 7 7. Member States shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of Union concern and, to the extent possible, those of Member State concern, through cooperation between all authorities involved in the verifications referred to in paragraph 2. The training programmes for custom authorities shall include information on filling the Single Administrative Document on which the customs declaration is made.
Amendment 261 #
Proposal for a regulation Article 15 – paragraph 1 1. After early detection
Amendment 262 #
Article 15 – paragraph 1 1. After early detection and within
Amendment 263 #
Proposal for a regulation Article 15 – paragraph 1 a (new) Amendment 264 #
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 en
Amendment 265 #
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.
Amendment 266 #
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 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 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 268 #
Proposal for a regulation Article 16 – paragraph 2 – point c (c) eradication methods are not available or are available but have very serious negative impacts on human health
Amendment 269 #
Proposal for a regulation 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 270 #
Proposal for a regulation Article 16 – paragraph 2 – point c a (new) (ca) eradication methods undertaken thus far are considered to be inhumane or ineffective, and the use of these methods would cause pain, distress or suffering to target or non-target animals.
Amendment 271 #
Proposal for a regulation Article 17 – paragraph 1 1. By
Amendment 272 #
Proposal for a regulation Article 17 – paragraph 1 1. By
Amendment 273 #
Proposal for a regulation 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
Amendment 274 #
Proposal for a regulation 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 275 #
Proposal for a regulation Article 17 – paragraph 2 2. The management measures shall consist of lethal and non-lethal physical, chemical or biological actions aimed at the eradication, population control or containment of a population of an invasive alien species. Where
Amendment 276 #
Proposal for a regulation Article 17 – paragraph 2 2. The management measures shall consist of physical, chemical or biological actions aimed at the eradication, population control or containment of a population of an invasive alien species. In the case of animal species, the measures to be adopted shall provide for the sole use of non-lethal methods. Where appropriate, management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions.
Amendment 277 #
Proposal for a regulation Article 17 – paragraph 2 2. The management measures shall consist of physical, chemical or biological actions
Amendment 278 #
Proposal for a regulation 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,
Amendment 279 #
Proposal for a regulation 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
Amendment 280 #
Proposal for a regulation Article 17 – paragraph 3 3. When applying management measures, Member States shall endeavour to ensure that the methods used have due regard for human health and the environment and that, when animals are targeted, they are spared any avoidable pain, distress or suffering.
Amendment 281 #
Proposal for a regulation 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) 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 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
Amendment 284 #
Proposal for a regulation Article 18 Amendment 285 #
Proposal for a regulation Article 18 – paragraph 1 1. 1. Member States shall
Amendment 286 #
Proposal for a regulation Article 18 – paragraph 1 1. Member States shall take approp
Amendment 287 #
Proposal for a regulation 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 288 #
Proposal for a regulation Article 18 – paragraph 2 – point a (a) measures to increase the
Amendment 289 #
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.
Amendment 290 #
Proposal for a regulation 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 291 #
Proposal for a regulation Article 18 a (new) Article 18a Funding Member States shall have the right to avail themselves of such European Union support as is required to cover costs of implementation arising from the Regulation, proportionate to those costs, which the Commission shall provide from available Union funds and – if necessary – by making procurement arrangements more flexible and affording access to new funds. In the absence of commensurate Union funding, Member States shall not be required to comply with the provisions of the Regulation.
Amendment 292 #
Proposal for a regulation Article 18 a (new) Article 18a National measures on invasive alien species of Union concern The Member States may maintain stricter national rules to prevent the introduction, establishment and spread of invasive alien species of Union concern, providing they do not conflict with EU law or existing international agreements.
Amendment 293 #
Proposal for a regulation Article 19 – paragraph 1 – introductory part 1. By
Amendment 294 #
Proposal for a regulation 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 295 #
Proposal for a regulation Article 19 – paragraph 1 – point f a (new) (fa) the cost of implementing the Regulation.
Amendment 296 #
Proposal for a regulation Article 19 – paragraph 3 (3) Within 5 years from [date of adoption], the Commission shall assess the effectiveness of the current Regulation including the list referred to in Article 4(1), the action plans referred to in Article 11(3), the surveillance system, border checks, eradication obligation and management obligations, as well as the appropriateness of the financing of implementation, and submit a report to the European Parliament and to the Council which may be accompanied by proposals for its amendment including changes to the list in Article 4(1) and which, on the basis of an examination of the financial background, shall make a proposal concerning European Union financial support in the next financial cycle.
Amendment 297 #
Proposal for a regulation Article 19 – paragraph 3 3. Within 5 years from [date of adoption], the Commission shall assess the effectiveness of the current Regulation including the list referred to in Article 4(1), the action plans referred to in Article 11(3), the surveillance system, border checks, eradication obligation and management obligations, as well as the expenditure incurred by the Member States in implementing the Regulation, and submit a report to the European Parliament and to the Council which may be accompanied by proposals for its amendment including changes to the list in Article 4(1).
Amendment 298 #
Proposal for a regulation Article 20 – paragraph 4 4. In a third phase, the data support mechanism referred to in paragraph 2 shall become a mechanism for exchanging information on other aspects of the application of this Regulation, including invasive alien species of Member State concern.
Amendment 299 #
Proposal for a regulation Article 21 – title P
Amendment 300 #
Proposal for a regulation Article 21 – title Public participation and stakeholder involvement and exchange of information
Amendment 301 #
Proposal for a regulation Article 21 – paragraph 1 1. Where action plans are being established pursuant to Article 11 and where measures are being established pursuant to Article 17, Member States shall ensure that
Amendment 302 #
Proposal for a regulation Article 21 – paragraph 1 a (new) 1a. With a view to facilitate an effective and transparent exchange of information concerning implementation of various aspect of the Regulation, the Commission shall establish and regularly convene an invasive alien species forum composed of representatives of Member States, the industries and sectors concerned and non- governmental organisations promoting environmental protection and animal welfare. In particular, the Commission shall take account of recommendations of the forum on drawing up and updating the list referred to in Article 4(1) and emergency measures to be adopted in accordance with Article 9(4) for the Union for invasive alien species not included on the list referred to in Article 4(1). It shall also use the forum to promote exchange of information relative to species distribution and management options, including humane control methods.
Amendment 303 #
Proposal for a regulation Article 21 a (new) Article 21a Scientific Body on Invasive Alien Species 1. A Scientific Body on Invasive Alien Species is hereby established. It shall be responsible for preparing an opinion for consideration by the Commission and the Committee referred to in Article 22 on the following issues: (a) preparing and updating the list of invasive alien species of Union concern, including through conducting risk assessments pursuant to Article 5(1); (b) Member States' requests for the inclusion of invasive alien species on the list referred to in Article 4(1) pursuant to Article 4(3); (c) scientific and technical matters concerning the methodology to be applied in the assessment of elements set out in points (a) to (h) of Article 5(1), in accordance with Article 5(2); (d) emergency measures to be adopted in accordance with Article 9(4) for the Union for invasive alien species not included on the list referred to in Article 4(1); (e) at the request of the Commission or of Member States' competent authorities, any other scientific or technical questions that arise from the operation of this Regulation. 2. The members of the Scientific Body on Invasive Alien Species shall be appointed by the Commission on the basis of their experience and expertise relevant to performing the tasks specified in paragraph 1, taking into account a geographical distribution that reflects the diversity of scientific problems and approaches in the Union. The Commission shall determine the number of members in accordance with the requisite needs. 3. Member States and the Scientific Body on Invasive Alien Species shall exchange information relative to species distribution and ecology, management options and lessons learned.
Amendment 304 #
Proposal for a regulation Article 22 – paragraph 1 1. The Commission shall be assisted by the Committee. That Committee shall be a committee within the meaning of
Amendment 305 #
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.
Amendment 306 #
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
Amendment 307 #
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
Amendment 308 #
Proposal for a regulation 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 309 #
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.
Amendment 310 #
Proposal for a regulation Article 25 Amendment 311 #
Proposal for a regulation 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 312 #
Proposal for a regulation 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 313 #
Proposal for a regulation 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 314 #
Proposal for a regulation Article 25 – paragraph 3 – point f a (new) (fa) the 'polluter pays' principle.
Amendment 315 #
Proposal for a regulation Article 25 – paragraph 3 – point f a (new) (fa) the quantity of specimens of the invasive alien species that are the subject of the breach.
Amendment 316 #
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
Amendment 317 #
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
Amendment 318 #
Proposal for a regulation Article 26 – paragraph 1 – point a a (new) (aa) the competent authorities have been informed;
Amendment 319 #
Proposal for a regulation Article 26 – paragraph 1 – point b a (new) (ba) the specimens are marked in accordance with Article 8(2)(d);
Amendment 320 #
Proposal for a regulation Article 26 – paragraph 3 3. For non-commercial owners who cannot
Amendment 321 #
Proposal for a regulation Article 26 – paragraph 3 3. For non-commercial owners who cannot ensure that the conditions set out in
Amendment 322 #
Proposal for a regulation 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
Amendment 323 #
Proposal for a regulation 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 welfare when handling them, sending them to ex-situ conservation centres, pursuant to Article 8.
Amendment 324 #
Proposal for a regulation 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 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
Amendment 326 #
Proposal for a regulation 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
Amendment 327 #
Proposal for a regulation Article 27 – paragraph 1 1. Keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list
Amendment 328 #
Proposal for a regulation 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
Amendment 329 #
Proposal for a regulation 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 farming, 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
Amendment 57 #
Proposal for a regulation Recital 1 (1) The appearance of alien species, whether animals, plants, fungi or micro- organisms, in new locations is not always a cause for concern. However, a significant subset of alien species can become invasive and have serious adverse impacts on biodiversity
Amendment 58 #
Proposal for a regulation 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
Amendment 59 #
Proposal for a regulation 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
Amendment 60 #
Proposal for a regulation Recital 7 (7) Some species migrate naturally in response to environmental changes. Therefore they should not be considered as alien species in their new environment and, provided that they do not endanger existing ecosystems, are thus excluded from the scope of the new rules on invasive alien species.
Amendment 61 #
Proposal for a regulation Recital 8 (8) At Union level, the proposal for a new Regulation of the European Parliament and the Council on Animal Health11 include provisions on disease agents that cause animal diseases, At Union level, the proposal for a new Regulation of the European Parliament and the Council on Animal Health11 include provisions on animal diseases, and the new Regulation of the European Parliament and the Council on protective measures against pests of plants12 provides rules for pests of plants, and Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC13 sets out the regime applicable to genetically modified organisms. Therefore, the new rules on invasive alien species should align and not overlap with those Union acts and shall not apply to the organisms targeted by those acts. __________________ 11
Amendment 62 #
Proposal for a regulation Recital 9 (9)
Amendment 63 #
Proposal for a regulation Recital 9 (9) Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture
Amendment 64 #
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.
Amendment 65 #
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
Amendment 66 #
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
Amendment 67 #
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
Amendment 68 #
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.
Amendment 69 #
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
Amendment 70 #
Proposal for a regulation Recital 12 (12) In order to ensure compliance with the rules of the World Trade Organisation and ensure the coherent application of these new rules, common criteria should be established to perform the risk assessment. Those criteria should use, when appropriate, existing national and international standards and should encompass different aspects of the characteristics of the species, the risk and modes of
Amendment 71 #
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
Amendment 72 #
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 therein
Amendment 73 #
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. 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 74 #
Proposal for a regulation Recital 14 a (new) (14a) Some of the species that are invasive in the Union as a whole are native in particular Member States. A differentiated system should therefore be drawn up, based on the EU’s nine biogeographical regions as referred to in the Habitats Directive (92/43/EEC): the Alpine, Atlantic, Black Sea, Boreal, Continental, Macaronesian, Mediterranean, Pannonian and Steppic regions.
Amendment 75 #
Proposal for a regulation 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
Amendment 76 #
Proposal for a regulation Recital 16 (16) The risks and concerns associated with invasive alien species represent a cross-border challenge affecting the whole of the Union. It is therefore essential to adopt at Union level a ban on
Amendment 77 #
Proposal for a regulation Recital 17 (17) With a view to enabling scientific research
Amendment 78 #
Proposal for a regulation 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 79 #
Proposal for a regulation Recital 18 a (new) (18a) With a view to enabling the breeding and trading of farm animals, specific rules should be laid down for invasive alien species considered to be of Union concern and subject to these activities. These activities should be carried out in closed, secure establishments and with the necessary measures taken to prevent invasive alien species considered to be of Union concern from escaping or being illegally released.
Amendment 80 #
Proposal for a regulation Recital 19 (19) Member States should be able to
Amendment 81 #
Proposal for a regulation Recital 19 (19) Member States should be able to adopt more stringent measures to tackle invasive alien species and to take any necessary measures proactively in respect of any species that are not listed as invasive alien species of
Amendment 82 #
Proposal for a regulation 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
Amendment 83 #
Proposal for a regulation 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 84 #
Proposal for a regulation Recital 21 (21) In order to develop an adequate knowledge base to address the problems raised by invasive alien species, it is important that Member States undertake research, monitoring and surveillance of such species and exchange best-practices on the prevention and management of invasive alien species. As surveillance systems offer the most appropriate means for early detection of new invasive alien species and for the determination of the distribution of already established species, they should include both targeted and general surveys and benefit from the involvement of different sectors and stakeholders, including
Amendment 85 #
Proposal for a regulation Recital 23 (23) After the introduction of an invasive alien species, early detection and rapid eradication measures are crucial to prevent their establishment and spread. The most effective and cost efficient response is often to eradicate the population, as soon as possible while the number of specimens is still limited. In the event that eradication is not feasible or the costs of eradication outweigh in the long term the environmental, economic and social benefits, containment and control measures should be applied. These containment and control measures, in the case of animal species, should use exclusively non-lethal methods.
Amendment 86 #
Proposal for a regulation Recital 24 (24)
Amendment 87 #
Proposal for a regulation Recital 24 (24) Eradicating and managing some invasive alien species, while 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 minimise 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). In any case, non-lethal methods must be used for animal species.
Amendment 88 #
Proposal for a regulation Recital 24 (24) Eradicating and managing some invasive alien species,
Amendment 89 #
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
Amendment 90 #
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
Amendment 91 #
Proposal for a regulation 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 and also the exchange of good practices. Cross- border cooperation, particularly with neighbouring countries, and coordination between Member States, particularly within the same biogeographical region of the Union (Habitats Directive 92/43/EEC) are a prerequisite for this legislation to be effective.
Amendment 92 #
Proposal for a regulation 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 93 #
Proposal for a regulation Recital 27 (27) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the
Amendment 94 #
Proposal for a regulation Recital 27 (27) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment21 establishes a framework for public consultation in environment related decisions. In defining action in the field of invasive alien species, effective public participation should enable the public to express, and the decision-maker to take account of, opinions and concerns which
Amendment 95 #
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.
Amendment 96 #
Proposal for a regulation Recital 29 (29) In order to take into account the latest scientific developments in the environmental field, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of determining how to conclude that invasive alien species are capable of establishing viable populations and of spreading, as well as for setting out the common elements for the development of risk assessments. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level by consulting the Scientific Forum. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 97 #
Proposal for a regulation Recital 29 a (new) (29a) As expenditure on implementing the Regulation will primarily be incurred by the Member States, it must be made possible for the Member States to receive targeted support from the European Union through existing or new European Union financial instruments, the amounts of which must be proportionate to the tasks imposed by the Regulation. On the basis of the principle of equal bearing of public burdens in this field, particular attention needs to be paid to countries beyond the European Union’s borders, whose expenditure in connection with invasive alien species may be substantially greater than that of countries within the Union is likely to be.
Amendment 98 #
Proposal for a regulation 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 99 #
Proposal for a regulation Recital 31 (31) In order to enable non-commercial owners to continue keeping their
source: PE-526.283
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2013-09-23T00:00:00
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2013-11-27T00:00:00
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The Committee on the Environment, Public Health and Food Safety adopted the report by Pavel POC (ALDE, CZ) on the proposal for a regulation of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species. The committee recommended that Parliaments position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Initial capping of the list of invasive alien species: whilst the Commission had proposed 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, the committee felt that this percentage was arbitrary and unjustifiable, adding that inclusion on the list should be based on clear criteria, without any limit being set. In order to ensure that the subset of invasive alien species of Union concern met the objective of placing the emphasis on prevention, it was essential that the list was constantly revised and kept up- to-date. The list should be open, recognising an estimated 1500 invasive alien species currently present in the Union and that the rate of invasion was growing, and include all taxonomic groups include groups of species with similar ecological requirements to prevent derogations from species being traded in the Union to a similar but unlisted species. 'Invasive alien species of Member State concern' was defined a invasive alien species other than invasive alien species of Union concern, for which a Member State considered that the adverse impact from their release and spread, was of significance for its territory and required action at the level of that Member State. Since the Commission proposal only covered those species which were alien to the entire territory of the EU, Members amended the text so that included in the scope of the regulation were those species which were invasive to one part of the Union, but native to another. National derogations for invasive alien species of Union concern: invasive alien species of Union concern which are native in a Member State shall not be subject to the restrictions referred to in the regulation in the territory of the Member State where they are native. An application for a derogation shall be submitted only if one of certain conditions is met, including a cost-benefit analysis showing that the costs will be exceptionally high and disproportionate to the benefits. Selection criteria: species included on the list 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 Union, the scale of the actual or potential impact on biodiversity or ecosystem services, and human health or economic interests. Establishment of list through a delegated act: the Commission shall be empowered to adopt delegated acts to establish and update a list setting out invasive alien species and taxonomic groups of species of Union concern on the basis of the criteria laid down in the text. The list shall take the form of an Annex to the Regulation. Restrictions on invasive alien species of Union concern: Member States may maintain or lay down more stringent national rules with the aim of preventing the introduction, establishment and spread of invasive alien species of Union concern. Restrictions on invasive alien species of Member State concern: Member States shall ensure coordination of their activities with relevant neighbouring Member States when adopting measures on invasive alien species of Member State concern in their national territory, if there is a significant risk of spread of such an invasive alien species to the territory of neighbouring Member States, or where a joint action would prove more effective, Action plans on the pathways of invasive alien species: within two years from the adoption of the list, there must be comprehensive analyses of the pathways of unintentional introduction and spread of invasive alien species of Union concern identifying the pathways which require priority action. Within three years from the adoption of the list each Member State shall establish and implement an action plan to address the priority pathways. Action plans do not have to include the measures of the International Convention for the Control and Management of Ships Ballast Water and Sediments as the Commission had proposed. Accountability: the report contained a new clause stating the operator (natural or legal, private or public person), who was ascertained to be responsible for intentional or negligent introduction or spread of invasive alien species of Union concern, must held accountable and contributes substantially to meeting the cost of restoration, based on the polluter-pays principle, and with a view to preventing and remedying ecosystem damage caused by invasive alien species. Accountability for restoration of the operator ascertained to be responsible for intentional or negligent introduction or spread of invasive alien species shall continue until that species is effectively removed and the ecosystem is restored. Information support system: the committee wanted this to be established within 12 months. Scientific Forum: the implementation of the 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 required the effective involvement of relevant members of the scientific community and the establishment of a dedicated body called the Scientific Forum. . The Forum will: · provide opinions concerning species that may be considered for risk assessment with a view to their possible inclusion (and removal( in the list of invasive alien species of Union concern; and · upon request, conduct risk assessments. The Scientific Forum shall be chaired by the Commission. Sanctions: 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 not. Public participation: early and effective public participation was particularly important during the process to adopt or update the list of invasive alien species of Union concern and the establishment of action plans and measures. Local and regional authorities must also be involved in decisions taken by Member States on tackling invasive species, as they played a vital role in the implementation of those decisions and in raising public awareness and providing information. Report: within 5 years from the date of adoption of the regulation, the Commission shall assess the effectiveness of the regulation including the appropriateness of financing its implementation, and, on the basis of an examination of the financial background, should make a proposal concerning Union financial support in the next financial cycle. New
The Committee on the Environment, Public Health and Food Safety adopted the report by Pavel POC (S&D, CZ) on the proposal for a regulation of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species. The committee recommended that Parliaments position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Initial capping of the list of invasive alien species: whilst the Commission had proposed 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, the committee felt that this percentage was arbitrary and unjustifiable, adding that inclusion on the list should be based on clear criteria, without any limit being set. In order to ensure that the subset of invasive alien species of Union concern met the objective of placing the emphasis on prevention, it was essential that the list was constantly revised and kept up- to-date. The list should be open, recognising an estimated 1500 invasive alien species currently present in the Union and that the rate of invasion was growing, and include all taxonomic groups include groups of species with similar ecological requirements to prevent derogations from species being traded in the Union to a similar but unlisted species. 'Invasive alien species of Member State concern' was defined a invasive alien species other than invasive alien species of Union concern, for which a Member State considered that the adverse impact from their release and spread, was of significance for its territory and required action at the level of that Member State. Since the Commission proposal only covered those species which were alien to the entire territory of the EU, Members amended the text so that included in the scope of the regulation were those species which were invasive to one part of the Union, but native to another. National derogations for invasive alien species of Union concern: invasive alien species of Union concern which are native in a Member State shall not be subject to the restrictions referred to in the regulation in the territory of the Member State where they are native. An application for a derogation shall be submitted only if one of certain conditions is met, including a cost-benefit analysis showing that the costs will be exceptionally high and disproportionate to the benefits. Selection criteria: species included on the list 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 Union, the scale of the actual or potential impact on biodiversity or ecosystem services, and human health or economic interests. Establishment of list through a delegated act: the Commission shall be empowered to adopt delegated acts to establish and update a list setting out invasive alien species and taxonomic groups of species of Union concern on the basis of the criteria laid down in the text. The list shall take the form of an Annex to the Regulation. Restrictions on invasive alien species of Union concern: Member States may maintain or lay down more stringent national rules with the aim of preventing the introduction, establishment and spread of invasive alien species of Union concern. Restrictions on invasive alien species of Member State concern: Member States shall ensure coordination of their activities with relevant neighbouring Member States when adopting measures on invasive alien species of Member State concern in their national territory, if there is a significant risk of spread of such an invasive alien species to the territory of neighbouring Member States, or where a joint action would prove more effective, Action plans on the pathways of invasive alien species: within two years from the adoption of the list, there must be comprehensive analyses of the pathways of unintentional introduction and spread of invasive alien species of Union concern identifying the pathways which require priority action. Within three years from the adoption of the list each Member State shall establish and implement an action plan to address the priority pathways. Action plans do not have to include the measures of the International Convention for the Control and Management of Ships Ballast Water and Sediments as the Commission had proposed. Accountability: the report contained a new clause stating the operator (natural or legal, private or public person), who was ascertained to be responsible for intentional or negligent introduction or spread of invasive alien species of Union concern, must held accountable and contributes substantially to meeting the cost of restoration, based on the polluter-pays principle, and with a view to preventing and remedying ecosystem damage caused by invasive alien species. Accountability for restoration of the operator ascertained to be responsible for intentional or negligent introduction or spread of invasive alien species shall continue until that species is effectively removed and the ecosystem is restored. Information support system: the committee wanted this to be established within 12 months. Scientific Forum: the implementation of the 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 required the effective involvement of relevant members of the scientific community and the establishment of a dedicated body called the Scientific Forum. . The Forum will: · provide opinions concerning species that may be considered for risk assessment with a view to their possible inclusion (and removal( in the list of invasive alien species of Union concern; and · upon request, conduct risk assessments. The Scientific Forum shall be chaired by the Commission. Sanctions: 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 not. Public participation: early and effective public participation was particularly important during the process to adopt or update the list of invasive alien species of Union concern and the establishment of action plans and measures. Local and regional authorities must also be involved in decisions taken by Member States on tackling invasive species, as they played a vital role in the implementation of those decisions and in raising public awareness and providing information. Report: within 5 years from the date of adoption of the regulation, the Commission shall assess the effectiveness of the regulation including the appropriateness of financing its implementation, and, on the basis of an examination of the financial background, should make a proposal concerning Union financial support in the next financial cycle. |
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CELEX:52013PC0620:EN
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Rules of Procedure of the European Parliament EP 138
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Rules of Procedure of the European Parliament EP 138
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CELEX:52013PC0620:EN
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activities/0/docs/0/celexid |
CELEX:52013PC0620:EN
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activities/1/committees/2/date |
2013-11-27T00:00:00
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activities/1/committees/2/rapporteur |
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activities/2/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE524.576
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committees/2/date |
2013-11-27T00:00:00
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committees/2/rapporteur |
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activities/2 |
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activities/1/committees/1/shadows/3 |
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committees/1/shadows/3 |
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procedure/subject/1 |
6.20.02 Export/import control, trade defence
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activities/1/committees/2 |
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committees/2 |
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activities/1/committees/1/shadows/1 |
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activities/1/committees/1/shadows/2 |
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activities/3 |
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committees/1/shadows/1 |
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committees/1/shadows/2 |
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activities/1/committees/1/shadows |