Procedure : 2013/0307(COD)
Document stages in plenary
Document selected : A7-0088/2014

Texts tabled :

A7-0088/2014

Debates :

Votes :

PV 16/04/2014 - 7.30

Texts adopted :

P7_TA(2014)0425

REPORT     ***I
PDF 642kDOC 745k
4 February 2014
PE 524.576v02-00 A7-0088/2014

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

(COM(2013)0620 – C7-0264/2013 – 2013/0307(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Pavel Poc

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on International Trade
 OPINION of the Committee on Fisheries
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT 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

(COM(2013)0620 – C7-0264/2013 – 2013/0307(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0620),

–   having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0264/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Bundesrat, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 22 January 2014(1),

–   after consulting the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on International Trade and the Committee on Fisheries (A7-0088/2014),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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 and ecosystem services, as well as other economic and social impacts, which should be prevented. Some 12 000 species in the environment in the Union and other European countries are alien, of which roughly 10 to 15 % are estimated to be invasive.

(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, in both rural and urban areas, and on ecosystem services, as well as other economic and social impacts, which should be prevented. Some 12 000 species in the environment in the Union and other European countries are alien, of which over 40 % are native to some European countries but have been introduced by humans in the other European countries and of which roughly 10 to 15 % are estimated to be invasive.

Justification

The Regulation should not exclude the species which are native to one biographical region but alien and invasive in another region. A species that is invasive and which would benefit from EU cooperative measures is of Union concern whether or not it is native to the EU.

Amendment  2

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) To support the achievement of the objectives of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds7 , Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora8 , Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)9 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy10 , the primary objective of this Regulation should be to prevent, minimise and mitigate the adverse effects of invasive alien species on biodiversity and ecosystem services, as well as to reduce their economic and social impact.

(6) To support the achievement of the objectives of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds7 , Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora8 , Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)9 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy10 , the primary objective of this Regulation should be to prevent, minimise and mitigate the adverse effects of invasive alien species on biodiversity, ecosystem services, public health and safety, as well as to reduce their economic and social impact.

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7 OJ L 20, 26.1.2010, p. 7.

7 OJ L 20, 26.1.2010, p. 7.

8 OJ L 206, 22.7.1992, p. 7.

8 OJ L 206, 22.7.1992, p. 7.

9 OJ L 164, 25.6.2008, p. 19.

9 OJ L 164, 25.6.2008, p. 19.

10 OJ L 327, 22.12.2000, p. 1.

10 OJ L 327, 22.12.2000, p. 1.

Justification

Invasive alien species can cause great damages to public health and safety, e.g. in the Netherlands where flooding is a serious concern if the musk rat is not contained, as this invasive alien species causes severe damage to waterworks.

Amendment  3

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Some species migrate naturally in response to environmental changes. Therefore they should not be considered as alien species in their new environment and are thus excluded from the scope of the new rules on invasive alien species.

(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  4

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) 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.

(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 COM(2013) 260 final.

11 COM(2013) 260 final.

12 COM(2013) 267 final.

12 COM(2013) 267 final.

13 OJ L 106, 17.4.2001, p. 1.

13 OJ L 106, 17.4.2001, p. 1.

Justification

Since the Regulation relates to species, it would be more appropriate and clearer to insert the term ‘disease agents’ alongside that of ‘animal diseases’.

Amendment  5

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture14 , Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products15 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes. The use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment, human health and the economy. In order to ensure a coherent legal framework, those species should thus be excluded from the new rules.

(9) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products15 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes. The use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment, human health and the economy. In order to ensure a coherent legal framework, those species should thus be excluded from the new rules.

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14 OJ L 168, 28.6.2007, p.1.

 

15 OJ L 167, 27.6.2012, p. 1.

15 OJ L 167, 27.6.2012, p. 1.

16 OJ L 309, 24.11.2009, p. 1.

16 OJ L 309, 24.11.2009, p. 1.

Justification

Regulation (EC) 708/2007 addresses invasive alien species used in aquaculture in the Union, and the species listed in its Annex IV are excluded from the procedures it sets. The scope of the Invasive Species regulation is broader, as it includes invasive alien species used in other industries and in other areas, e.g. in the pet trade or in zoos and aquaria. While it is therefore expedient to exclude the Annex IV species from the procedures set out in EC 708/2007, for the purposes of the invasive species regulation these species should be included and subject to the procedures it proposes.

Amendment  6

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) As invasive alien species are numerous, it is important to ensure that priority is afforded to addressing the subset of invasive alien species considered to be of Union concern. A list of such invasive alien species considered to be of Union concern should therefore be drawn up. An invasive alien species should be considered of Union concern if the damage it is causing in the affected Member States is so significant that it justifies the adoption of dedicated measures the scope of which extends across the Union, including in the Member States that are not yet affected or even unlikely to be affected. In order to ensure that the subset of invasive alien species of Union concern remains proportionate, the list should be developed in line with a gradual and phased-in approach including an initial capping of the number of invasive alien species of Union concern to the top 3% of some 1500 invasive alien species in Europe and be focused on those species that cause or are likely to cause significant economic damage, including that deriving from biodiversity loss.

(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.

Justification

The percentage quoted is arbitrary and unjustifiable and therefore cannot be supported. Moreover, inclusion on the list should be based on clear criteria, without any limit being set.

Amendment  7

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) The criteria to list invasive alien species considered to be of Union concern is the core instrument to apply these new rules. The Commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the Committee. The criteria should include a risk assessment pursuant to the applicable provisions under the Agreements of the World Trade Organisation on placing trade restriction on species.

(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 should therefore adopt the first list based on those criteria within 18 months of the entry into force of this Regulation. The criteria should be based on the latest scientific evidence and should follow a framework which identifies the risk in relation to the main stages of biological invasions: transport, establishment, spread and impact. The criteria should also include a risk assessment pursuant to the applicable provisions under the relevant Agreements of the World Trade Organisation on placing trade restriction on species.

Justification

An explicit deadline for the adoption of the first list of IAS of Union concern is important for an effective implementation of the new provisions, besides providing better transparency to the whole process and giving stakeholders the possibility to adapt and react to the new legislative situation. Whilst the proposed Regulation includes details of the risk assessments that should be undertaken to inform the selection of species that will be subject to the regulations, there is no indication of what the basis of the selection criteria will be.

Amendment  8

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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 entry into the Union, the negative economic, social and biodiversity impacts of the species, the potential benefits of uses and the costs of mitigation to weight them against the negative impacts, as well as a quantified forecast of the environmental, economic and social damage costs at Union level demonstrating the significance for the Union, so as to further justify action. In order to develop the system progressively and build upon the experience gained, the overall approach should be evaluated after five years.

(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 entry into the Union, the negative economic, social and biodiversity impacts of the species, the potential benefits of uses and the costs of mitigation to weight them against the negative impacts, as well as an assessment of the potential costs of environmental, economic and social damage at Union level demonstrating the significance for the Union. In order to develop the system progressively and build upon the experience gained, the overall approach should be evaluated after five years.

Amendment  9

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) Some of the species that are invasive in the Union as a whole are native in a particular Member State. It is therefore appropriate that provisions relating to invasive alien species of Union concern which are native to a Member State do not apply to the territory of that Member State, with the exception of containment measures to avoid the spread of the species into other Members States. In addition, flexibility should be introduced to allow Member States to request specific derogations from some of the provisions of this Regulation as regards alien species which are found not to be invasive in their territory, or in the case of particularly difficult socio-economic conditions, where the costs would be exceptionally high and disproportionate to the benefits and would prevent a proper implementation of the required measures.

Justification

Member States need more flexibility in particular to deal with species that are native in one region and invasive in another. The derogations should be granted only for the territory of the applying Member State. Derogations should also be foreseen in case of particularly difficult socio-economic conditions, where the costs would prevent a proper implementation of the required measures.

Amendment  10

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Some of the species that are invasive in the Union may be native in some of the Union's Outermost Regions and vice versa. In the Communication from the Commission on ‘The outermost regions: an asset for Europe’18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the Treaty on the Functioning of the European Union taking into account European Council Decisions 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy19 and 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union20 . Therefore all the provisions of these new rules should apply to the Union's Outermost Regions except for provisions relating to invasive alien species of Union concern which are native to those regions. In addition, to allow for the necessary protection of the biodiversity in such regions, it is necessary that the concerned Member States draw up, as a complement to the list of invasive alien species of Union concern, specific lists of invasive alien species for their Outermost Regions to which these new rules should also apply.

(15) Some of the species that are invasive in the Union may be native in some of the Union's Outermost Regions and vice versa. In the Communication from the Commission on ‘The outermost regions: an asset for Europe’18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the Treaty on the Functioning of the European Union taking into account European Council Decisions 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy19 and 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union20 . Therefore all the provisions of these new rules should apply to the Union's Outermost Regions except for provisions relating to invasive alien species of Union concern which are native to those regions. In addition, to allow for the necessary protection of the biodiversity in such regions, it is necessary that in all appropriate cases the Member States concerned draw up and update, as a complement to the list of invasive alien species of Union concern, specific lists of invasive alien species for their Outermost Regions to which these new rules should also apply. This list should be kept open and revised, as new invasive alien species are identified and considered to pose a risk, taking into account that some of the alien species that are invasive in the Union may be native to parts of the Union or to the Outermost Regions and vice versa.

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__________________

18 COM (2008)642 final.

18 COM (2008)642 final.

19 OJ L 325, 9.12.2010, p. 4.

19 OJ L 325, 9.12.2010, p. 4.

20 OJ L 204, 31.7.2012, p. 131.

20 OJ L 204, 31.7.2012, p. 131.

Amendment  11

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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 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.

(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 or negligently introducing into any Member State, reproducing, growing, transporting, buying, selling, using, exchanging, keeping and releasing invasive alien species of Union concern, to ensure that 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  12

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) With a view to enabling scientific research and ex-situ conservation activities, it is necessary to provide specific rules for the invasive alien species of Union concern subject to those activities. Those activities should be carried out in closed facilities where the organisms are in contained holding and with all the necessary measures taken to avoid the escape or unlawful release of invasive alien species of Union concern.

(17) With a view to enabling scientific research and ex-situ conservation activities, and in some cases commercial cultivation or breeding of species of high economic, social or environmental value, it is necessary to provide specific rules for the invasive alien species of Union concern subject to those activities. Those activities should be carried out in closed facilities where the organisms are in contained holding and with all the necessary measures taken to avoid the escape or unlawful release of invasive alien species of Union concern.

Amendment  13

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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.

(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 and which may pose risks through their accidental or deliberate introduction to the environment. Member States should therefore be granted the possibility to adopt on the basis of available scientific evidence and good practice 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 relevant 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 relevant 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. Where 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.

Justification

When tackling invasive alien species, it is crucial to take animal welfare into account. This is also key for having the support of citizens for acting against these species. Best practices include for example the Guiding Principles on Animal Welfare developed by the World Organisation for Animal Health (OIE).

Amendment  14

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

Member States (MS) are currently applying a variety of bans on import, trade and/or marketing of IAS: they have already been established in 13 MS. Conscious that limited resources may hamper the implementation of certain measures, the system has to be designed to cater for flexibility, whenever possible, and to recognise the fact that MS are already taking some action to tackle IAS. Therefore it has to be made clear that MS can put in place or maintain stricter measures.

Amendment  15

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Member States should be able to adopt more stringent measures to tackle invasive alien species and to take measures proactively in respect of any species that are not listed as invasive alien species of Union concern. In order to adopt a more proactive stance on unlisted species, it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of Union concern, but for which Member States have found evidence that they pose a risk, an authorisation for release should be issued. Detailed rules for the authorisation of alien species to be used in aquaculture have already been established by Regulation (EC) No 708/2007 and should be taken into account by Member States in this context.

(19) Member States should be able to take any necessary measures, such as regulation of trade, use, transport and release into the wild, proactively in respect of any species that are not listed as invasive alien species of Union concern. In order to adopt a more proactive stance on unlisted species, it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of Union concern, but for which Member States have found evidence that they pose a risk, an authorisation for release should be issued. Detailed rules for the authorisation of alien species to be used in aquaculture have already been established by Regulation (EC) No 708/2007 and should be taken into account by Member States in this context.

Justification

A non-exhaustive list with examples of the most suitable measure should be provided. The possibility for Member States to adopt more stringent measures is addressed in a separate Recital. It should be made clear that the Member States can take any necessary measures to protect their native plant and animal life, including trade restrictions at a national level, to combat invasive species.

Amendment  16

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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.

(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 that Convention, including promoting opportunities for debate at ministerial level. Notwithstanding the provisions for Member State action plans, the Commission should, by [three years from the date of entry into force of this Regulation] report on Member States' implementation of those voluntary measures and should, if appropriate, submit legislative proposals to incorporate such measures into Union law.

Justification

At the time of writing the Commission's Impact Assessment, only four Member States had ratified the Convention; yet the IEEP Report for the Commission (2010) stated that releases of untreated ballast water and hull fouling are by far the most significant vectors of accidental introduction of alien species. In the instance that voluntary measures do not prove successful therefore, the Commission should consider legislative action in this field.

Amendment  17

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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. 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 local communities. Surveillance systems should imply paying continuous attention to any new invasive alien species anywhere in the Union. In the interest of efficiency and cost-effectiveness, existing systems of border control, surveillance and monitoring already established in Union legislation should be applied, in particular those set out Directives 2009/147/EC, 92/43/EEC, 2008/56/EC and 2000/60/EC.

(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 regional authorities. Surveillance systems should imply paying continuous attention to any new invasive alien species anywhere in the Union and should aim, in particular, to provide a highly effective and coherent picture at Union level. In the interest of efficiency and cost-effectiveness, existing systems of border control, surveillance and monitoring already established in Union legislation should be applied, in particular those set out Directives 2009/147/EC, 92/43/EEC, 2008/56/EC and 2000/60/EC.

Justification

Systems (alert, information, follow-up) providing the knowledge base should not be left exclusively to the single countries, but rather should provide a highly effective and coherent picture at EU level along the whole cycle of management of IAS.

Amendment  18

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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).

(24) Eradicating and managing some invasive alien species, where deemed to be necessary, may induce pain, distress, fear or other forms of suffering to the animals even when using the best available technical means. For that reason, Member States and any operator involved in the eradication, control or containment of invasive alien species should take the necessary measures to avoid pain, distress and suffering of animals during the process, taking into account in so far as possible the best practices in the field, for example the Guiding Principles on Animal Welfare developed by the World Organisation for Animal Health (OIE). If eradication or management is considered, humane and scientifically tested methods should be used and Member States should engage with all relevant stakeholders and scientific experts in the decision making process. Non-lethal methods should be considered and any actions taken should minimise impact on non-target species.

Justification

The animal welfare language included in Recital 24 is welcome, but it should go further. No pain, distress or suffering is acceptable and should be avoided not minimised. Where control is demonstrated to be necessary (with sufficient scientific evidence to support it), only humane methods should be used and Member States should be obliged to include stakeholders, such as animal welfare organisations in the decision making process.

Amendment  19

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Invasive alien species generally cause damage to ecosystems and reduce their resilience. Therefore restoration measures are required to strengthen the ecosystems' resilience towards invasions, to repair the damage caused and to enhance the conservation status of species and their habitats in accordance with Article 4 of Directive 2009/147/EC and Article 6 of Directive 92/43/EEC, the ecological status of inland surface waters, transitional waters, coastal waters and groundwater in accordance with Article 11 of Directive 2000/60/EC, and the environmental status of marine waters in accordance with Article 13 of Directive 2008/56/EC.

(25) Invasive alien species generally cause damage to ecosystems and reduce their resilience. Therefore appropriate restoration measures should be undertaken to strengthen the ecosystems' resilience towards invasions, to repair the damage caused and to enhance the conservation status of species and their habitats in accordance with Article 4 of Directive 2009/147/EC and Article 6 of Directive 92/43/EEC, the ecological status of inland surface waters, transitional waters, coastal waters and groundwater in accordance with Article 11 of Directive 2000/60/EC, and the environmental status of marine waters in accordance with Article 13 of Directive 2008/56/EC. Where operators are considered to be reponsible for intentional or negligent introduction or spread of invasive alien species of Union concern, those operators should be held accountable and should contribute substantially to meeting the cost of restoration, in accordance with the ‘polluter pays’ principle.

Amendment  20

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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.

(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, in particular with neighbouring countries, and coordination between Member States, in particular within the same biogeographical region of the Union, as laid down in the Council Directive 92/43/EEC, are a prerequisite for this legislation to be effective. 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). In the development of the centralised information system, the Commission should be able to rely on the European Environment Agency, where duly justified by the nature of the action and specific expertise of the Agency. Where the Commission does so, it should take due account of the impact on the Agency's governance structure and on its financial and human resources.

Justification

The Habitats Directive (92/43/EEC) refers to nine biogeographical regions of the EU with their own specific features: the Alpine, Atlantic, Black Sea, Boreal, Continental, Macaronesian, Mediterranean, Pannonian and Steppic regions. The coordinated central information system is paramount for the success of the proposed measures, and the Commission should use all available resources to support the implementation work, including in particular the very relevant expertise of the European Environment Agency. Staff should be allocated as necessary, taking of course into account the cost-effectiveness of delegating the tasks.

Amendment  21

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(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 may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken.

(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 may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken. Early and effective public participation is 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 by the Member States. Local and regional authorities must also be involved in decisions taken by the Member States on tackling invasive species, as they play a vital role in the implementation of those decisions and in raising public awareness and providing information.

____________

_____________

21 OJ L 156, 25.6.2003, p. 17.

21 OJ L 156, 25.6.2003, p. 17.

Justification

The public is always very sensitive to restrictive measures. No progress in tackling the IAS is possible without an effective support of the public.

Amendment  22

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a) The implementation of this Regulation, in particular as regards establishing and updating the list of invasive species of Union concern, 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 continuous, effective involvement of the relevant members of the scientific community. Input should therefore be actively sought through regular consultation with scientists, in particular through the establishment of a dedicated body (the “Scientific Forum”) to advise the Commission.

Amendment  23

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) In order to ensure uniform conditions for the application of this Regulation, for adopting and updating the list of invasive alien species of Union concern, for granting derogations from the obligation of rapid eradication and for the adoption of Union emergency measures, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers22.

(28) In order to ensure uniform conditions for the application of this Regulation, for granting specific national derogations and derogations from the obligation of rapid eradication and for the adoption of Union emergency measures, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers22.

______________

_____________

22 OJ L 55, 28.2.2011, p. 13.

22 OJ L 55, 28.2.2011, p. 13.

Amendment  24

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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. 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.

(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 establishing and updating the list of invasive alien species of Union concern, 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  25

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(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.

(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 not.

Justification

Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage establishes a precedent for the legislative use of the ‘polluter pays’ principle, particularly in the context of protecting species and natural habitats.

Amendment  26

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) In order to enable commercial operators, who may have legitimate expectations, for instance those who have received an authorisation in accordance with Regulation (EC) No. 708/2007, to exhaust their stock of invasive alien species of Union concern when these new rules enter into force, it is justified to allow them two years to slaughter, sell or hand over the specimens to research or ex-situ conservation establishments.

(32) In order to enable commercial operators, 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 humanely cull, sell or, where relevant, hand over the specimens to research or ex-situ conservation establishments.

Justification

The word 'slaughter' is not appropriate in this context as it is often used to refer to the killing of animals for food or fur use; it should be replaced with 'humanely cull'.

Amendment  27

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation applies to all invasive alien species in the Union as defined in Article 3(2).

1. This Regulation applies to all invasive alien species as defined in Article 3(2).

Amendment  28

Proposal for a regulation

Article 2 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) animal disease regulated as defined in Article 4(1)(14) of Regulation (EU) No XXX/XXXX [animal health law- COM(2013) 260 final];

(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];

Justification

Since the Regulation relates to species, it would be more appropriate and clearer to use the term ‘disease agents’ rather than ‘animal disease’ alone.

Amendment  29

Proposal for a regulation

Article 2 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) species listed in Annex IV of Regulation (EC) No 708/2007;

deleted

Justification

A coherent legal framework for IAS (see also Recital 9) requires that species or activities are only excluded from the scope of this Regulation if their adverse impact on biodiversity and ecosystem services is avoided by other legislation. Species listed in Annex IV of Regulation 708/2007 are excluded from the procedures set in that Regulation for aquaculture, but the scope of the IAS Regulation is broader, as it includes species used in other areas, e.g. in the pet trade or in zoos and aquaria: those species should therefore be included in this Regulation and subject to its procedures.

Amendment  30

Proposal for a regulation

Article 3 – point 1

Text proposed by the Commission

Amendment

(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 hybrids, varieties or breeds that might survive and subsequently reproduce;

(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 or which has migrated into its 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  31

Proposal for a regulation

Article 3 – point 2

Text proposed by the Commission

Amendment

(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 or the economy;

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

Justification

This small amendment ensures consistency with Article 4(2)(b) and Article 5(1)(b), (c) and (d). Clarification in line with the primary goal of this regulation as mentioned in article 1.

Amendment  32

Proposal for a regulation

Article 3 – point 3

Text proposed by the Commission

Amendment

(3) 'invasive alien species of Union concern' means invasive alien species whose negative impact has been deemed such as to require concerted action at the level of the Union pursuant to Article 4(2);

(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 on one or more Member States has been deemed such as to require concerted action at the level of the Union pursuant to Article 4(2);

Amendment  33

Proposal for a regulation

Article 3 – point 3 a (new)

Text proposed by the Commission

Amendment

 

(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 on the basis of scientific evidence that the adverse impact from their release and spread, even where not fully ascertained, is of significance for its territory, or part of it, and requires action at the level of that Member State;

Amendment  34

Proposal for a regulation

Article 3 – point 7

Text proposed by the Commission

Amendment

(7) 'research' means descriptive or experimental work, undertaken under regulated conditions to acquire new knowledge or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than invasiveness, of invasive alien species only insofar as essential for enabling the breeding of those features into non-invasive species;

(7) 'research' means descriptive or experimental work, undertaken under regulated conditions with a view to obtaining new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those properties which make a species invasive, of invasive alien species only insofar as essential for enabling the breeding of those features into non-invasive species;

Amendment  35

Proposal for a regulation

Article 3 – point 12

Text proposed by the Commission

Amendment

(12) ‘eradication’ means the complete and permanent removal of a population of invasive alien species by physical, chemical or biological means;

(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  36

Proposal for a regulation

Article 3 – point 14

Text proposed by the Commission

Amendment

(14) ‘management’ means any physical, chemical or biological action aimed at the eradication, population control or containment of a population of an invasive alien species;

(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 alien species, while also avoiding impact on non-targeted species and their habitats;

Amendment  37

Proposal for a regulation

Article 3 – point 16

Text proposed by the Commission

Amendment

(16) 'population control' means physical, chemical or biological actions applied to a population of invasive alien species 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.

(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  38

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. A list of invasive alien species of Union concern shall be adopted, and updated, by the Commission by means of implementing acts on the basis of the criteria in paragraph 2. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 23 to establish a list setting out invasive alien species and taxonomic groups of species of Union concern on the basis of the criteria laid down in paragraph 2. The list shall take the form of an Annex to this Regulation.

Justification

The list of IAS of Union concern should be annexed to the basic act because of its central importance and its close link with the scope of the act. Annexing the list to the basic act furthermore provides more legal clarity than a self-standing list. Correspondingly, the appropriate procedure to establish and update a list in an Annex of the Regulation is by delegated acts. The Regulation should, when appropriate, include taxonomic groups of species with similar ecological requirements to prevent the trade simply switching from a species on the list of Union concern to a similar but unlisted species (e.g. when red-eared terrapin was added to Annex B of Regulation (EC) No 338/97, the trade simply switched to yellow-bellied terrapin).

Amendment  39

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. The delegated acts referred to in paragraph 1 shall be adopted by ...* [OJ please insert date: 18 months after the date of entry into force of this Regulation].

Justification

An explicit deadline for the adoption of the first list of IAS of Union concern is important for an effective implementation of the new provisions, besides providing better transparency to the whole process and giving stakeholders the possibility to adapt and react to the new legislative situation.

Amendment  40

Proposal for a regulation

Article 4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. The Commission shall be empowered to adopt delegated acts, in accordance with Article 23, to update the list referred to in paragraph 1 on the basis of the criteria laid down in paragraph 2.

Justification

The procedure of updating the list should be clearly separated from the procedure of establishing it.

Amendment  41

Proposal for a regulation

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Invasive alien species shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria:

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:

Justification

The Regulation should include taxonomic groups of closely related species with similar ecological requirements to prevent the trade simply switching from a species on the list of Union concern to a similar but unlisted species (e.g. when red-eared terrapin was added to Annex B of Regulation (EC) No 338/97, the trade simply switched to yellow-bellied terrapin).

Amendment  42

Proposal for a regulation

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) they are, having regard to scientific evidence available, found to be alien to the territory of the Union excluding the outermost regions;

(a) they are found, based on available scientific evidence available, to be invasive species alien to one or more Member States, excluding the outermost regions, or alien to one biogeographical region of the Union but native to another;

Justification

Currently the Regulation only covers those species which are alien to the entire territory of the EU. This amendment is necessary to include within the scope of the Regulation those species which are invasive to one part of the Union, but native to another.

Amendment  43

Proposal for a regulation

Article 4 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) they are, having regard to 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;

(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  44

Proposal for a regulation

Article 4 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

Member States may 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:

Member States may 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 data:

Amendment  45

Proposal for a regulation

Article 4 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the name of the species;

(a) the name of the species or taxonomic group of species;

Amendment  46

Proposal for a regulation

Article 4 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) evidence that the species complies with the criteria set out in paragraph 2.

(c) evidence that the species or taxonomic group of species complies with the criteria set out in paragraph 2.

Amendment  47

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

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 Union, the scale of the actual or potential impact on biodiversity or ecosystem services, and human health or economic interests.

Justification

Whilst the proposed Regulation includes details of the risk assessments that should be undertaken to inform the selection of species that will be subject to the regulations, there is no indication of what the basis of the selection criteria will be.

Amendment  48

Proposal for a regulation

Article 4 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. The list referred to in paragraph 1 shall be annotated to indicate whether a Member State has applied for, or has been granted, any derogations pursuant to Article 4a.

Amendment  49

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. The list referred to in paragraph 1 shall comprise a maximum of fifty species including any species which may be added as result of the emergency measures foreseen by Article 9.

deleted

Amendment  50

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

 

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 13 and 15 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 and is not 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  51

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

Article 5

Risk assessment and delegated acts

Risk assessment and delegated acts

1. The Commission or the Member States, as relevant, shall carry out the risk assessment referred to in Article 4(2)(c) and (3)(b) having regard to the following elements:

1. The Commission, where appropriate with the assistance of the Member States shall carry out the risk assessment referred to in Article 4(2)(c) and (3)(b) having regard to the following elements:

(a) a description of the species with its taxonomic identity, its history, native range, potential range;

(a) a description of the species with its taxonomic identity, its history, native range and potential range;

(b) a description of its reproduction and spread patterns including an assessment of whether the environmental conditions necessary for reproduction and spread exist;

(b) a description of its reproduction and spread patterns and dynamics including an assessment of whether the environmental conditions necessary for reproduction and spread exist;

(c) a description of the potential pathways of entry and spread, both intentional and unintentional, including where relevant the commodities with which the species are generally associated;

(c) a description of the potential pathways of entry and spread, both intentional and unintentional, including where relevant the commodities with which the species are generally associated;

(d) a thorough assessment of the risk of entry, establishment, spread in relevant biogeographical regions in current conditions and in foreseeable climate change conditions;

(d) a thorough assessment of the risk of entry, establishment, spread in relevant biogeographical regions in current conditions and in foreseeable climate change conditions;

(e) a description of the current distribution of the species including whether the species is already present in the Union or in neighbouring countries;

(e) a description of the current distribution of the species including whether the species is already present in the Union as a native or alien species or in neighbouring countries and a projection of its likely future distribution;

(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 including an assessment of the magnitude of future impact;

(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 the economy, public health and safety;

(g) a quantified forecast of the damage costs at Union level demonstrating the significance for the Union, so as to further justify action because the overall damage would outweigh the cost of mitigation;

(g) an assessment of the potential costs of damage at Union level demonstrating the significance for the Union;

(h) a description of the possible uses and benefits deriving from those uses of the species.

(h) a description of the possible uses and benefits deriving from those uses of the species;

 

(ha) an evaluation and selection of options to reduce the risk of introduction and spread of invasive alien species.

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 economic damage, including that deriving from biodiversity loss.

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 (ha) 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 damage to human health and the economy, including that deriving from biodiversity loss.

Amendment  52

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Species included on the list referred to in Article 4(1) which are native in an outermost region shall not be subject to the provisions of Articles 7, 8, 11 and 13 to 17 in the outermost region where they are native.

1. Invasive alien species of Union concern which are native in an outermost region shall not be subject to the provisions of Articles 7, 8, 11 and 13 to 17 in the outermost region where they are native.

Justification

As the definition of IAS of Union concern is in place, it is better to refer to the definition explicitly everywhere in the text.

Amendment  53

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

Article 7

Ban on invasive alien species of Union concern

Restrictions on invasive alien species of Union concern

1. Species included on the list referred to in Article 4(1) shall not be intentionally:

1. Invasive alien species of Union concern shall not be intentionally or negligently:

(a) brought into or transited through the Union territory;

(a) introduced into or transited through a Member State;

(b) permitted to reproduce;

(b) permitted to reproduce;

(c) transported, except for the transportation of species to facilities for eradication;

(c) transported, except for the transportation of species to facilities in the context of eradication;

(d) placed on the market;

(d) placed on the market or offered for sale;

(e) used or exchanged;

(e) used or exchanged;

(f) kept or grown, including in contained holding;

(f) notwithstanding Article 8, kept or grown, including in contained holding;

(g) released into the environment.

(g) released into the environment.

2. Member States shall prevent the unintentional introduction of invasive alien species of Union concern in accordance with the provisions of Article 11(3) and (4).

2. Member States shall prevent any other unintentional introduction of invasive alien species of Union concern in accordance with the provisions of Article 11(3) and (4).

 

2a. 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.

 

(The amendment of “ban” to “restrictions” applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment  54

Proposal for a regulation

Article 8

Text proposed by the Commission

Amendment

Article 8

Article 8

Permits for research and ex-situ conservation

Permits

1. By way of derogation from the bans set out in points (a), (b), (c), (e) and (f) of Article 7(1), Member States shall establish a permit system allowing establishments that are authorised to carry out research or ex-situ conservation to perform such activities on invasive alien species of Union concern.

1. By way of derogation from the restrictions set out in points (a), (b), (c), (d), (e) and (f) of Article 7(1), Member States shall establish a permit system allowing establishments that are authorised to carry out research or ex-situ conservation to perform such activities on invasive alien species of Union concern. Member States may also establish a permit system allowing specialised establishments that carry out commercial cultivation of plant species or commercial breeding of animals covered by Council Directive 98/58/EC to perform such activities on invasive alien species of Union concern, provided those species have a high economic, social or environmental value and without prejudice to point (b) of Article 22 of Directive 92/43/EEC and Article 11 of Directive 2009/147EC.

2. Member States shall empower the relevant competent authorities to issue the permits referred to in paragraph 1 for activities carried out in contained holding that fulfil all of the following conditions:

2. Member States shall empower the relevant competent authorities to issue the permits referred to in paragraph 1 for activities carried out in contained holding that fulfil all of the following conditions:

(a) the invasive alien species of Union concern is kept in and handled in closed facilities as referred to in paragraph 3;

(a) the invasive alien species of Union concern is kept in and handled in closed facilities as referred to in paragraph 3;

(a) the activity is to be carried out by personnel possessing the scientific and technical qualifications prescribed by the competent authorities;

(b) the activity is to be carried out by personnel possessing the scientific or technical qualifications prescribed by the competent authorities;

(a) transport to and from the closed facility is authorised by the competent authority and is carried out under conditions that exclude escape of the invasive alien species;

(c) transport to and from the closed facility is authorised by the competent authority and is carried out under conditions that exclude escape of the invasive alien species;

(a) in case of invasive alien species that are animals, they are marked where possible;

(d) in the case of invasive alien species of Union concern that are animals, they are marked where possible using methods that do not cause preventable pain, distress or suffering;

(a) the risk of escape or spread or removal is effectively managed, taking into account the identity, biology and means of dispersal of the species, the activity and the closed facility envisaged, the interaction with the environment and other relevant factors relating to the risk posed by that species;

(e) the risk of escape or spread or removal is effectively managed, taking into account the identity, biology and means of dispersal of the species, the activity and the closed facility envisaged, the interaction with the environment and other relevant factors relating to the risk posed by that species;

(a) a continuous surveillance and a contingency plan to cater for possible escape or spread is drawn up, including an eradication plan.

(f) a continuous surveillance and a contingency plan to cater for possible escape or spread is drawn up, including an eradication plan as a last resort.

(a) The permit referred to in paragraph 1 shall be limited to the number of species and specimens that is necessary for the research or ex-situ conservation concerned and shall not exceed the capacity of the closed facility. It shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It shall accompany the invasive alien species to which it refers at all times when these are kept, brought into and transported within the Union.

(g) The permit referred to in paragraph 1 shall be limited to a number of species and specimens that does not exceed the capacity of the closed facility. It shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned. It shall accompany the invasive alien species to which it refers at all times when these are kept, brought into and transported within the Union.

3. Specimens shall be considered to be kept in closed facilities if the following conditions are fulfilled:

3. Specimens shall be considered to be kept in closed facilities if the following conditions are fulfilled:

(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 and maintenance protocols shall ensure that no specimens or reproducible parts can escape, spread or be removed by unauthorised persons;

(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;

(b) their removal from the facilities or disposal or destruction is done in such way as to exclude propagation or reproduction outside of the facilities.

(b) their removal from the facilities or disposal, destruction or humane cull is done in such way as to exclude propagation or reproduction outside of the facilities.

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.

4. When applying for a permit, the applicant shall provide all necessary evidence to allow the competent authority to assess whether the conditions referred to in paragraphs 2 and 3 are fulfilled.

 

4a. Member States shall ensure that inspections are carried out by the competent authorities to ensure that the facilities referred to in paragraph 3 comply with the conditions set out in the permit issued.

 

4b. The Commission may object, by means of an implementing act, to a permit issued pursuant to paragraph 2, on the basis that any of the conditions referred to in that paragraph are not fulfilled. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

Amendment  55

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

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 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).

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 12 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).

Justification

In case the Commission has already conducted an impact assessment in regard of article 5(1), the Member States should be able to use this information.

Amendment  56

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

Article 10

Restrictions on the intentional release of invasive alien species of Member State concern

Restrictions on invasive alien species of Member State concern

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 species other than invasive alien species of Union concern for which Member States consider, on the basis of scientific evidence, that the adverse impact from their release and spread, even where not fully ascertained, is of significance on their national territory ('invasive alien species of Member State concern').

1. Member States shall take measures in relation to invasive alien species of Member State concern consisting of any of the restrictions set out in Article 7(1), or maintain or lay down more stringent national rules, for the purpose of preventing their introduction or of controlling the establishment and development of their populations.

2. Member States shall inform the Commission and the other Member States of the species it considers as invasive alien species of Member State concern.

2. Member States shall inform the Commission and the other Member States of the species they consider as invasive alien species of Member State concern and of the restrictions set out in accordance with paragraph 1.

 

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.

3. The competent authorities of Member States may issue authorisations for certain intentional releases of invasive alien species of Member State concern, provided that the following conditions have been fully taken into account:

 

(a) there are no alternative non-invasive species that can be used to obtain similar benefits;

 

(b) the benefits of the release are exceptionally high in comparison to the risks of damage of the species concerned;

 

(c) the release will include risk mitigation measures so as to minimise the impact on biodiversity and ecosystem services as well as on human health and the economy;

 

(d) adequate surveillance is in place and a contingency plan is drawn up to eradicate the species to be applied in case the damage caused by the species is considered by the competent authority to be unacceptable.

 

4. Any authorisation for the introduction of alien species for their use in aquaculture shall be issued in accordance with the provisions of Regulation (EC) No 708/2007.

4. Any authorisation for the introduction of alien species for their use in aquaculture shall be issued in accordance with the provisions of Regulation (EC) No 708/2007.

Amendment  57

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall, by [18 months from the entry into force of this Regulation – date to be inserted] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action ('priority pathways'), because of the volume of species or of the damage caused by 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.

1. Member States shall, within two years from the adoption of the list referred to in Article 4(1) carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species of Union concern in their territory and identify the pathways which require priority action ('priority pathways'), because of the volume of species or of the potential risk associated with the species entering the Union through them.

Justification

The whole process has to be consequent: Member States cannot develop an action plan until the list of invasive species is in place. An extension to the timeframe to carry out the analysis is also proposed, as the original timeframe may be unrealistic. Similar amendments are also introduced in Articles 11(2), 12(1) and 13(1).

Amendment  58

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. By [3 years from the entry into force of this Regulation - date to be inserted] at the latest, each Member State shall establish and implement an action plan to address the priority pathways it has identified pursuant to paragraph 1. That action plan shall include a timetable for action and shall describe the measures to be adopted to address the priority pathways and to prevent the unintentional introduction and spread of invasive alien species into the Union and into or within the environment.

2. Within three years from the adoption of the list referred to in Article 4(1), each Member State shall establish and implement an action plan to address the priority pathways it has identified pursuant to paragraph 1. That action plan shall include a timetable for action and shall describe the measures to be adopted to address the priority pathways and to prevent the unintentional introduction and spread of invasive alien species into the Union and into or within the environment.

Amendment  59

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The action plan referred to in paragraph 2 shall include measures designed on the basis of an analysis of costs and benefits with at least the following:

3. The action plan referred to in paragraph 2 shall include, but not be limited to, measures, including as appropriate, regulatory or voluntary actions and codes of good practice to:

(a) awareness raising measures;

(a) raise awareness;

(b) regulatory measures to minimise contamination by invasive alien species of goods and commodities, and any vehicle and equipment, including measures tackling transport of invasive alien species from third countries;

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

(c) regulatory measures to ensure appropriate checks at the Union borders, other than the official controls pursuant to Article 13;

(c) ensure appropriate checks at the Union borders, other than the official controls pursuant to Article 13;

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

 

Justification

The measures used in pathway action plans should be the most suitable and not be limited to regulatory measures It is not appropriate to bind the European Union to a convention which has only been signed by four Member States. Moreover, ballast water is just one pathway of many, so it is not appropriate to single it out. The measures used in pathway action plans should be the most suitable and not be limited for example to regulatory measures.

Amendment  60

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

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 prevent the spread of invasive alien species into the Union.

1. Within 18 months from the adoption of the list referred to in Article 4(1) , 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.

Justification

The proposed wording captures better the objectives of the surveillance system. It is important to record absence of a given species, as part of the surveillance, because this may help calculate the probabilities that a species is in fact present but has not been detected.

Amendment  61

Proposal for a regulation

Article 12 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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  62

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

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 intentional introduction into the Union of invasive alien species of Union concern.

1. Within 12 months from the adoption of the list referred to in Article 4(1) at the latest, Member States shall have in place fully functioning structures to perform the official controls and monitoring capacity on animals and plants including their seeds, eggs, developmental stages or propagules, brought into the Union, necessary to prevent the intentional introduction into the Union of invasive alien species of Union concern.

Justification

Mentioning developmental stages is important especially for invertebrates larvae, nymph, pupae or embryos of the vertebrates and ontogenetic stages of amphibians or fish.

Amendment  63

Proposal for a regulation

Article 13 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. The Member State border control authorities shall keep a record of the invasive alien species of Member State concern for which they have received information as laid down in Article 10(2) and which have been found during their controls.

Justification

It is important that the information relating to the detection of invasive alien species of Member State concern is not lost.

Amendment  64

Proposal for a regulation

Article 13 – paragraph 7

Text proposed by the Commission

Amendment

7. 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.

7. Based on best-practices, 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 and, to the extent possible, those of Member State concern, through cooperation between all authorities involved in the verifications referred to in paragraph 2.

Justification

It is important to include information, to the extent possible, on invasive alien species of Member State concern, as they are the most likely candidate species of Union concern in the future and have demonstrated their impact as invasive alien species.

Amendment  65

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

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 animals are spared any avoidable pain, distress or suffering.

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.

Justification

This is to ensure due attention is also given to non-targeted animals.

Amendment  66

Proposal for a regulation

Article 16 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Applications for derogations shall be based on sound scientific evidence and only be submitted if the following conditions are met:

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:

Justification

The justifications listed for derogations from the need to undertake rapid eradications are separate and not cumulative. As long as one or more is met, rather than all, a derogation may be granted.

Amendment  67

Proposal for a regulation

Article 16 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) eradication methods are not available or are available but have very serious negative impacts on human health or the environment.

(c) eradication methods are not available or are available but have very serious negative impacts on human health, the environment or other species.

Amendment  68

Proposal for a regulation

Article 16 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) an invasive alien species concerned does not pose any significant negative cross-border effects.

Justification

If Member States request a derogation for a certain type of species, negative effects of this derogation for (neighbouring) Member States should be excluded.

Amendment  69

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

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 and also include the restoration measures referred to in Article 18.

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 include an analysis of costs and benefits, taking into account the impact on the environment and also the restoration measures referred to in Article 18.

Justification

The wording "include" provides more flexibility to the Member States to define the appropriate management measures. It is neither sufficient nor appropriate to limit decisions only to economic aspects (consider for example the case of the giant hogweed).

Amendment  70

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

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. Where appropriate, management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions.

2. The management measures shall consist of lethal or non-lethal physical, chemical or biological actions aimed at the eradication, population control or containment of a population of an invasive alien species. Where appropriate, management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions.

Amendment  71

Proposal for a regulation

Article 17 – paragraph 4

Text proposed by the Commission

Amendment

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.

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. The monitoring shall also assess the impact on non-targeted species and the welfare impact on targeted species.

Justification

Monitoring can contribute to further refinement of management measures.

Amendment  72

Proposal for a regulation

Article 17 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. If the monitoring establishes that the eradication, population control or containment measures are ineffective at minimising impacts as referred to in paragraph 4, an analysis of whether to modify or terminate the measure shall be carried out.

Justification

If a measure is determined to be ineffective, an assessment must be undertaken to determine whether to modify or terminate the measure to avoid unnecessary use of resources and inconsequential impacts.

Amendment  73

Proposal for a regulation

Article 17 – paragraph 5

Text proposed by the Commission

Amendment

5. Where there is a significant risk that an invasive alien species of Union concern will spread to a neighbouring Member State, the Member States in which the species is widely spread shall immediately notify the neighbouring Member States and the Commission. Where appropriate, the Member States concerned shall establish jointly agreed management measures. In the cases where third countries may also be affected by the spread, the Member State affected shall consider the need to inform the concerned third countries.

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 inform the concerned third countries.

Justification

Informing the concerned third countries is equally in the interest of EU Member States and in line with the goal of the regulation, i.e. preventing the spread of invasive alien species.

Amendment  74

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

Article 18

Article 18

Restoration of the damaged ecosystems

Restoration of the damaged ecosystems

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.

1. Member States shall take 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 exceptionally high and disproportionate to the benefits of restoration.

2. The restoration measures referred to in paragraph 1 shall include at least the following:

2. The restoration measures referred to in paragraph 1 shall include at least the following:

(a) measures to increase the ability of an ecosystem exposed to disturbance to resist, absorb, accommodate to and recover from the effects of disturbance;

(a) measures to increase the capacity of an ecosystem exposed to disturbance to resist, absorb, accommodate to and recover from the effects of disturbance;

(b) measures ensuring the prevention of reinvasion following an eradication campaign.

(b) measures to support the prevention of reinvasion following an eradication campaign.

Amendment  75

Proposal for a regulation

Article 18 a (new)

Text proposed by the Commission

Amendment

 

Article 18a

 

Accountability

 

1. Based on the ‘polluter-pays’ principle, with a view to preventing and remedying 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 responsible for intentional or negligent introduction or spread of invasive alien species of Union concern, is held accountable and contributes substantially to meeting the cost of restoration.

 

2. 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.

Amendment  76

Proposal for a regulation

Article 19 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the distribution of the invasive alien species of Union concern present in their territory;

(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;

Justification

Such information will help to inform other Member States of the potential risk posed by certain marine invasive alien species.

Amendment  77

Proposal for a regulation

Article 19 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea) data related to the invasive alien species of Union and Member State concern pursuant to Article 10(2) imported into or in transit through the Union;

Amendment  78

Proposal for a regulation

Article 19 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) the format of the permits referred to in Article 8.

(f) the format and number of the permits referred to in Article 8(2) and the results of the inspections referred to in Article 8(4a);

Amendment  79

Proposal for a regulation

Article 19 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) the cost of implementing the Regulation;

Amendment  80

Proposal for a regulation

Article 19 – paragraph 1 – point f b (new)

Text proposed by the Commission

Amendment

 

(fb) measures taken to inform the public about the presence of an alien species and any actions that citizens have been requested to take.

Justification

In many instances citizens may have a role to play in avoiding the further spread of alien species. It is therefore important that Member States take measures to keep the public informed.

Amendment  81

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

(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, 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).

(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 Union financial support in the next financial cycle.

Justification

There is no funding source available to assist the implementation of the Regulation’s provisions, specially designated for the purpose, although on the basis of the estimates published to date, the cost of combating invasive alien species at EU level is EUR 12 bn per annum. It is therefore extremely important that the five-year assessment should also cover financial aspects, and that the report to be submitted to Parliament and the Council should also include a proposal on the development of financing, which can thus be implemented better when preparing and negotiating on the next financial cycle.

Amendment  82

Proposal for a regulation

Article 20 – title

Text proposed by the Commission

Amendment

Information support mechanism

Information support system

Justification

The use of “system” rather than “mechanism” is preferable and avoids confusion with the data support mechanism referred to in paragraph 2 of the Article.

Amendment  83

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall gradually establish an information support mechanism necessary to facilitate the application of this Regulation.

1. The Commission shall, within 12 months from the adoption of the list referred to in Article 4(1), establish an information support system necessary to facilitate the application of this Regulation.

Justification

The information support system is an essential part for the IT support of the whole process and thus has to be put in place as a whole and within a specified timeframe.

Amendment  84

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. In an initial phase the system shall include a data support mechanism interconnecting existing data systems on invasive alien species, paying particular attention to information on the invasive alien species of Union concern so as to facilitate the reporting pursuant to Article 19.

2. The system shall include a data support mechanism interconnecting existing data systems on invasive alien species, paying particular attention to information on the invasive alien species of Union concern so as to facilitate the reporting pursuant to Article 19.

Amendment  85

Proposal for a regulation

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. In a second phase, the data support mechanism referred to in paragraph 2 shall become a tool to assist the Commission in handling the relevant notifications required in Article 14(2).

3. The data support mechanism referred to in paragraph 2 shall become a tool to assist the Commission in handling the relevant notifications required in Article 14(2).

Amendment  86

Proposal for a regulation

Article 20 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. The information support system referred to in paragraph 1 shall include a mechanism for exchanging information on other aspects of the application of this Regulation, in particular with regard to the early detection and rapid eradication of invasive alien species.

Amendment  87

Proposal for a regulation

Article 20 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Commission may entrust, in part or in full, the activities of the information support system to the European Environment Agency, taking due account of the cost efficiency of entrusting those tasks and of the impact on the body's governance structure and on its financial and human resources.

Justification

The coordinated central information system is paramount for the success of the proposed measures, and the Commission should use all available resources to support the implementation work, including in particular the very relevant expertise of the European Environment Agency. Staff should be allocated as necessary, taking of course into account the cost-effectiveness of delegating the tasks.

Amendment  88

Proposal for a regulation

Article 21

Text proposed by the Commission

Amendment

Article 21

Article 21

Public participation

Public and stakeholder participation

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 the public is given early and effective opportunities to participate in their preparation, modification or review using the arrangements already determined by the Member States in accordance with the second subparagraph of Article 2(3) of Directive 2003/35/EC.

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 the public and relevant stakeholders are given early and effective opportunities to participate in their preparation, modification or review using the arrangements already determined by the Member States in accordance with the second subparagraph of Article 2(3) of Directive 2003/35/EC.

 

1a. The Commission shall ensure a balanced participation of representatives of Member States and other interested parties, including relevant stakeholders, in issues related to the implementation of this Regulation, including in drawing up and updating of the list referred to in Article 4(1) and adopting emergency measures in accordance with Article 9(4). Those parties shall meet in a consultation forum. The Commission shall also use this forum to promote exchange of information relative to species distribution and management options, including humane control methods.

Amendment  89

Proposal for a regulation

Article 22 a (new)

Text proposed by the Commission

Amendment

 

Article 22a

 

Scientific Forum

 

1. The Commission shall set up a Scientific Forum as a dedicated body. It shall provide an opinion to the Commission and the Committee referred to in Article 22 on any scientific or technical questions related to the implementation of this Regulation, in particular as regards Articles 4 and 5, Article 9(4) and Article 16. In particular , the Scientific Forum shall:

 

(a) provide opinions concerning species that may be considered for risk assessment with a view to their possible inclusion in the list of invasive alien species of Union concern, in light of their current or potential risk of becoming invasive in the Union; the Commission shall consult the Scientific Forum prior to proposing any removal of a species from the list of invasive alien species of Union concern; and

 

(b) upon request, conduct risk assessments.

 

2. The Scientific Forum shall be chaired by the Commission. It shall consist of representatives of the scientific community appointed by the Member States on the basis of their experience and expertise relevant to performing the task specified in paragraph 1. The number of members of Scientific Forum shall be determined in accordance with requisite needs and taking into account geographical distribution reflecting diversity of scientific problems and approaches in the Union.

Amendment  90

Proposal for a regulation

Article 23

Text proposed by the Commission

Amendment

Article 23

Article 23

Exercise of the delegation

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 5(2) shall be conferred on the Commission for an undetermined period of time from the entry into force of this Regulation.

2. The delegation of power referred to in Article 4(1), Article 4(1b) and Article 5(2) shall be conferred on the Commission for a period of five years from [the date of entry into force of this Regulation].The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 5(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

3. The delegation of power referred to in Article 4(1), Article 4(1b) and Article 5(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 5(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

5. A delegated act adopted pursuant to Article 4(1), Article 4(1b) and Article 5(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment  91

Proposal for a regulation

Article 24

Text proposed by the Commission

Amendment

Article 24

Article 24

Administrative measures and sanctions

Administrative measures and sanctions

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.

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.

 

1a. Without prejudice to their supervisory powers, competent authorities shall have the power to impose at least the following administrative measures and sanctions:

 

(a) an order requiring the natural or legal person responsible for the breach to cease the conduct and to desist from a repetition of that conduct;

 

(b) an order requiring the confiscation of the non-compliant invasive alien species of Union concern at issue;

 

(c) a temporary ban on an activity;

 

(d) the 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 or contribute substantially to meeting the costs of restoration measures, or both.

 

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;

 

(g) the economic impact of the damage caused and the principle that the polluter should pay.

 

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  92

Proposal for a regulation

Article 25

Text proposed by the Commission

Amendment

Article 25

deleted

Sanctioning powers

 

1. Competent authorities shall have the power to impose administrative measures and sanctions on any natural or legal person who does not comply with this Regulation.

 

2. Without prejudice to their supervisory powers, competent authorities shall have the power to impose at least the following administrative measures and sanctions:

 

(a) an order requiring the natural or legal person responsible for the breach to cease the conduct and to desist from a repetition of that conduct;

 

(b) an order requiring the confiscation of the non-compliant invasive alien species of Union concern at issue;

 

(c) a temporary ban on an activity;

 

(d) permanent withdrawal of the authorisation of an activity;

 

(e) administrative pecuniary sanctions;

 

3. When determining the type of administrative measures and sanctions, competent authorities shall take into account all relevant circumstances, including:

 

(a) the gravity and duration of the breach;

 

(b) the degree of involvement of the person responsible for the invasion;

 

(c) the profit the natural or legal person makes from the breach;

 

(d) the environmental, social and economic damage caused by the breach;

 

(e) the level of cooperation of the person responsible with the competent authority;

 

(f) previous breaches by the person responsible.

 

4. Member States shall ensure that decisions taken by the competent authorities in accordance with this Article are subject to the right of appeal.

 

Amendment  93

Proposal for a regulation

Article 26 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By way of derogation from to Article 7(1)(c) and (f), owners of companion animals not kept for commercial purposes that belong to the species included on the list referred to in Article 4(1) shall be allowed to keep them until the end of the animals' natural life, provided the following conditions are met:

1. By way of derogation from to Article 7(1)(c) and (f), owners of companion animals not kept for commercial purposes that belong to the species included on the list of invasive alien species of Union concern shall be allowed to keep them until the end of the animals' natural life, provided the following conditions are met:

Amendment  94

Proposal for a regulation

Article 26 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) the competent authorities have been informed;

Amendment  95

Proposal for a regulation

Article 26 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) the specimens are marked in accordance with Article 8(2)(d);

Amendment  96

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

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.

3. For non-commercial owners who cannot comply with the requirements in paragraph 1, Member States shall remove the specimens, ensuring that they are spared any avoidable pain, distress or suffering.

Justification

This amendment is necessary to avoid allowing owners to keep their pets when they cannot comply with the requirements in paragraph 1 to secure them against escape or release.

Amendment  97

Proposal for a regulation

Article 26 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

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  98

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1. Keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in Article 4(1) shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex-situ conservation institutions referred to in Article 8, provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible, or to slaughter them to exhaust their stock.

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 12 months after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts, provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible, or to humanely cull them to exhaust their stock.

Justification

There is a risk that by restricting the sale of pre-Regulation stock to ex-situ conservation institutions, traders will suffer a loss of value. As a compromise, this restriction is lifted but the timeframe for sales to take place is shortened to 12 months. Moreover, the word 'slaughter' is not appropriate in this context as it is often used to refer to the killing of animals for food or fur use; it should be replaced with 'humanely cull'.

(1)

Not yet published in the Official Journal


EXPLANATORY STATEMENT

Alien species are transported outside their natural range across ecological barriers due to direct or indirect human action. Some of these species cannot adapt to the new environment and die out rapidly, others may survive, reproduce and spread.

Invasive alien species (henceforth IAS) are those species whose introduction or spread has been found to threaten biodiversity and ecosystem services, or to have a negative impact on the environment, human health and socio-economic development. IAS include animals, plants, fungi and micro-organisms, and affect the EU’s continental landmass and water bodies, seas and islands.

Only 11 % out of more than 12 000 alien species recorded in Europe have an impact on biodiversity and ecosystems, while 13 % have some economic impact.

However, their effects on biodiversity are significant and IAS are considered to be second in importance only to habitat loss as a driver of biodiversity loss and recognised as being a major cause of species extinction.

When it comes to social and economic impacts, IAS can be vectors of diseases or directly cause health problems (e.g. asthma, dermatitis, allergies). IAS can damage infrastructure and recreational facilities and hamper forestry or cause agricultural losses.

It is expected that biological invasions in Europe will increase. Estimates based on reliable available data show that the number of IAS of model taxa, types of habitat or parts of continents concerned has risen by 76% in Europe over the last 35 years.

Current trends related to the establishment of new species indicate that the problem is far from under control, with impacts on biodiversity expected to increase because of the growing number of species involved, and growing vulnerability of ecosystems to invasions, which results from other pressures such as habitat loss, degradation, fragmentation, over-exploitation and climate change.

IAS are estimated to have cost the EU at least €12 billion/year over the past 20 years, and the damage costs continue to grow. The cost for preventing dissemination, regulation and eradication of invasive species in the EU varies from 40 to 100 million € per year.

Context of the proposal

IAS is a priority issue under the Convention on Biological Diversity with a specific post-Nagoya target (Aichi Biodiversity Target 9) stating that ‘By 2020, IAS and pathways are identified and prioritized, priority species are controlled or eradicated, and measures are in place to manage pathways to prevent their introduction and establishment’.

In 2009 the European Parliament and Environment Council strongly endorsed the development of an IAS strategy for the EU.

IAS was one of 10 priority objectives of the Biodiversity Action Plan and also the fifth target of the EU Biodiversity 2020 strategy aiming to ensure a comprehensive and coordinated EU-level response to prevent and control the introduction and spread of harmful IAS across the EU.

Under the new Biodiversity Strategy the Commission was supposed to propose a dedicated legislative instrument by 2012 to address common challenges associated with IAS in the EU.

Commission proposal

On 9 September 2013 the European Commission published the legislative proposal on the prevention and management of the introduction and spread of IAS.

Earlier, the Commission had already concluded that a basic legislative instrument would be the only useful option to deal with the issue of IAS effectively. This was confirmed by the Impact Assessment. Consequently the Commission presented a proposal for a Regulation. In order to ensure effectiveness, it should be combined with an obligation for the rapid eradication of newly establishing IAS of Union concern.

This option obliges Member States to act without delay and to share information. Derogations are possible if approved by the Commission.

The core of the draft proposal is a list of IAS of Union concern, whose negative impact requires concerted action at Union level. It will be drawn up by the Commission in cooperation with the Member States. Species listed as species of EU concern will be banned, with some limited exemptions. Member States will have to take measures to ensure these species are not introduced, traded, kept, bred, or released in the EU. Such species may cause damage throughout the Union or only in parts of the Union, but the severity of their impact justifies calling on the assistance of the other EU Member States.

The Commission proposes to cap the list of species of EU concern at 50 species initially to focus efforts on the most dangerous species and provide enough regulatory certainty for Member States to put in place the necessary management structures.

The proposal also foresees an early warning system. Member States will have to warn the Commission and other Member States immediately if they spot IAS that have suddenly appeared on their territory, to stop any further spread.

If a species included in the list of species of EU concern is already present in some Member States, these Member States will have to take measures to eradicate or manage them and ensure they are kept under control.

Rapporteur's proposal

The Rapporteur agrees with the Commission that the proposal should be based on three key principles:

•   PREVENTION

Prevention will seek to reduce the number of new IAS entering the EU, thus avoiding increasing threats to biodiversity and negative impacts on society and economy.

•   PRIORITISATION

Prioritisation will allow acting efficiently by focusing resources on the worst IAS, i.e. where most benefit is to be obtained for biodiversity and for society and the economy.

•   COORDINATION

Acting in a coherent and coordinated manner across the EU will increase the effectiveness of actions at EU level, i.e. avoiding action in one Member State being undermined by lack of action in another Member State.

The Rapporteur welcomes the Commission proposal, but considers that there are several aspects that need to be amended.

Main changes proposed in the draft report

•   Cap to the number of listed species

The proposed cap of 50 IAS with a review option only after five years is a serious shortcoming of the proposal. The cap of 50 species is not addressed by the impact assessment and the summary of the impact assessment even states that ‘it is impossible to know in advance how many and what invasions will need to be tackled and what and how many species will be included in the list of IAS of EU concern’.

The number of IAS establishing in Europe should be minimized and actions should be taken to reduce the impact of at least the most dangerous IAS to acceptable levels. There is, however, no quantitative target for this indicator.

The scientific community agrees that limiting the application of this Regulation to a capped list of 50 species as proposed has no scientific base and will most certainly lead to the EU failing to meet the Aichi Biodiversity Target 9 for 2020. Such a cap should be removed and the system substituted by one that is flexible, responsive and can be updated as frequently as needed.

•   Establishment and update of the IAS list

The list of IAS of Union concern should be annexed to the basic act because of its central importance and its close link with the scope of the act. Annexing the list to the basic act furthermore provides more legal clarity than a self-standing list. Correspondingly, the appropriate procedure to establish and update the list is by delegated acts rather than implementing acts.

•   Species native to some parts of Europe but invasive to others

Cooperative measures at Union level can be beneficial to deal with specific species which are invasive to parts of the territory of the Union, independently of the fact that those species are native in another part of the Union or are introduced from outside the Union. The effect of the comprehensive listing of all invasive species, whether endemic to any part of the EU or not, would mean that all Member States would have to consider what level of cooperative action would be necessary or justified to prevent or manage any impacts.

•   IAS of MS concern (voluntary action)

It is useful to allow for action at Member State level as regards IAS which are not included in the list of IAS of EU concern, but for which Member States consider that the damage deriving from their release, while not fully ascertained, could be of significance. The decision on whether an alien species can be considered of MS concern will rest with each Member State. The only obligation that this will imply is that Member States introduce a permit system for the release into the environment of the species they consider being of their concern.

•   More stringent rules possible

Conscious that limited resources may hamper the implementation of certain measures, the system has to be designed to cater for flexibility, whenever possible, and to recognise the fact that Member States are already taking some action to tackle IAS. Therefore the Rapporteur aims to ensure that Member States can put in place or maintain stricter measures.

•   Derogations

The purpose and effect of derogations from most, but not all, restrictions and obligations is to allow for regional variations in the justification and need for any action to prevent the establishment or spread of the species, allowing Member States to prioritise action appropriate to the conditions in their territory and thus reduce the cost implications on a biogeographic basis.

•   Information Support system

The Rapporteur believes that the information support system is a precondition of any successful implementation of the regulation and that it needs to be established within 12 months from the date of entry into force of the Regulation. The system may also benefit from relevant expertise of the European Environment Agency.

•   Public participation

Provisions for public participation should be strengthened as effective public participation would enable the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant for those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness about environmental issues and support for the decisions taken.

•   Scientific forum

Considering the broad coverage of the Regulation it is important to establish a dedicated technical/scientific body supporting the decision making process with expert knowledge.


OPINION of the Committee on International Trade (24.1.2014)

for the Committee on the Environment, Public Health and Food Safety

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

(COM(2013)0620 – C7-0264/2013 – 2013/0307(COD))

Rapporteur: Catherine Bearder

SHORT JUSTIFICATION

The rapporteur welcomes the Commission's long overdue proposal for a Regulation on the prevention and management of the introduction and spread of invasive alien species, to put in place a legal framework that embraces the principles of prevention, early detection, rapid eradication and long-term management and control. These principles will ensure that Europe's invaluable biodiversity will be stewarded for years to come, and the EU is perfectly placed to coordinate action in this matter. The estimated 12,000 animal and plant species that are in the EUthat do not occur naturally are the result of deliberate and accidental action.

Shares the Commission's view that a strong coordinated approach to the management and control of invasive alien species is the best way forward to ensure the protection of our precious biodiversity and minimise the potentially devastating economic, environmental and ecological damage that can occur with the intentional and unintentional introduction of invasive alien species, currently estimated at €12 billion per year in damage and loss of production.

Appreciates that the proposal for Regulation further addresses the environmental consequences but also the considerable consequential social and economic impact of the introduction of invasive alien species brought into the EU, however considers that the limitation of the list of actively monitored species to 50 is needlessly restrictive and in contradiction with the global scope necessary to truly tackle the issue of invasive alien species at hand. It is not consistent with the impact assessment provided. Therefore broadening 'species' to taxionomic group, will prevent the trade simply switching from a species on the list of Union concern to a similar, but unlisted species within the same taxonomic group.

The legal pet and food trade was worth 5.9 billion pounds in the UK alone in 2010. However, not all trade is legal, leaving smuggling and trafficking of endangered, and or exotic animals a lucrative option under cover of legal routes and a considerable threat to natural flora and fauna. It is estimated that the illegal trade in wildlife is worth $7.8-10 billion globally. This regulation addresses the potential consequences of the legal trade, but with the black-market in timber worth an estimated $7 billion and in fisheries worth $4.2-9.5, accompanying measures to ensure that border enforcement must be competent in ensuring effective border control.

AMENDMENTS

The Committee on International Trade calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment  1

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture14 , Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products15 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes. The use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment, human health and the economy. In order to ensure a coherent legal framework, those species should thus be excluded from the new rules.

(9) Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture14, Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products15 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes. The use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment, survival of endemic species, human health, animal health and the economy. In order to ensure a coherent legal framework, those species should thus be excluded from the new rules.

_______________

_______________

14.OJ L 168, 28.6.2007, p.1.

14 OJ L 168, 28.6.2007, p.1

15 OJ L 167, 27.6.2012, p. 1.

15 OJ L 167, 27.6.2012, p. 1.

16 OJ L 309, 24.11.2009, p. 1

16 OJ L 309, 24.11.2009, p. 1

Amendment  2

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to ensure that the subset of invasive alien species of Union concern remains proportionate, the list should be developed in line with a gradual and phased-in approach including an initial capping of the number of invasive alien species of Union concern to the top 3% of some 1500 invasive alien species in Europe and be focused on those species that cause or are likely to cause significant economic damage, including that deriving from biodiversity loss.

(10) In order to ensure that the subset of invasive alien species of Union concern remains proportionate and meets the objective of placing the emphasis on prevention, it is essential that the list is 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 is 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. The list should be focused on those species that cause or are likely to cause significant economic damage, including that deriving from biodiversity loss.

Amendment  3

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) The criteria to list invasive alien species considered to be of Union concern is the core instrument to apply these new rules. The Commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the Committee. The criteria should include a risk assessment pursuant to the applicable provisions under the Agreements of the World Trade Organisation on placing trade restriction on species.

(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 submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the Committee. The criteria should be based on the latest scientific evidence and include a risk assessment pursuant to the applicable provisions under the relevant Agreements of the World Trade Organisation on placing trade restriction on species.

Amendment  4

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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 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.

(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  5

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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.

(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 and which may pose risks through their accidental or deliberate introduction to the environment. Member States should therefore be granted the possibility to adopt on the basis of available scientific evidence and good practice 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 relevant 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 relevant 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.

Amendment  6

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(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  7

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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.

(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  8

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission

Amendment

 

(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  9

Proposal for a regulation

Article 2 – paragraph 2 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) species used in closed aquaculture facilities in accordance with Regulation (EC) No 708/2007.

Amendment  10

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(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 hybrids, varieties or breeds that might survive and subsequently reproduce;

(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  11

Proposal for a regulation

Article 3 – paragraph 1 – point 3 a (new)

Text proposed by the Commission

Amendment

 

(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  12

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. A list of invasive alien species of Union concern shall be adopted, and updated, by the Commission by means of implementing acts on the basis of the criteria in paragraph 2. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

1. A list of invasive alien species or taxonomic group of species of Union concern shall be adopted, and updated, by the Commission by means of implementing acts on the basis of the criteria in paragraph 2. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

Amendment  13

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Invasive alien species shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria:

2. Invasive alien species or the taxonomic groups of species to which they belong shall only be included on the list referred to in paragraph 1 if each of them meets all of the following criteria, taking into account the relevant international standards:

Amendment  14

Proposal for a regulation

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) they are, having regard to scientific evidence available, found to be alien to the territory of the Union excluding the outermost regions;

(a) they are, having regard to scientific evidence available, found to be invasive species alien to one or more Member States, excluding the outermost regions;

Amendment  15

Proposal for a regulation

Article 4 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the name of the species;

(a) the name of the species or taxonomic group of species;

Amendment  16

Proposal for a regulation

Article 4 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) evidence that the species complies with the criteria set out in paragraph 2.

(c) evidence that the species or taxonomic group of species complies with the criteria set out in paragraph 2.

Amendment  17

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. The list referred to in paragraph 1 shall comprise a maximum of fifty species including any species which may be added as result of the emergency measures foreseen by Article 9.

deleted

Amendment  18

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Species included on the list referred to in Article 4(1) shall not be intentionally:

1. Species included on the list referred to in Article 4(1) shall not be intentionally or negligently:

Amendment  19

Proposal for a regulation

Article 8 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) in case of invasive alien species that are animals, they are marked where possible;

(d) in case of invasive alien species that are animals, they are marked where possible; identification and registration of those animals will enable traceability ownership and easier control.

Amendment  20

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

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 intentional introduction into the Union of invasive alien species of Union concern.

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 and monitoring capacity on animals and plants including their seeds, eggs, or propagules, parasites and pathogenic infections brought into the Union, necessary to prevent the intentional or accidental introduction into the Union of invasive alien species of Union concern.

Amendment  21

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

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 animals are spared any avoidable pain, distress or suffering.

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, the health and survival of the endemic species and the environment, and ensuring that targeted animals are spared any avoidable pain, distress or suffering.

Amendment  22

Proposal for a regulation

Article 16 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) eradication methods are not available or are available but have very serious negative impacts on human health or the environment.

(c) eradication methods are not available or are available but have very serious negative impacts on human health, the health of the endemic species or the environment.

Amendment  23

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. When applying management measures, Member States shall ensure that the methods used have due regard for human health and the environment and that, when animals are targeted, they are spared any avoidable pain, distress or suffering.

3. When applying management measures, Member States shall ensure that the methods used have due regard for human health, the health of the endemic species and the environment and that, when animals are targeted, they are spared any avoidable pain, distress or suffering.

Amendment  24

Proposal for a regulation

Article 19 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea) data related to the invasive alien species of Union and Member State concern pursuant to Article 10(2) imported in or in transit through the Union.

PROCEDURE

Title

Prevention and management of the introduction and spread of invasive alien species

References

COM(2013)0620 – C7-0264/2013 – 2013/0307(COD)

Committee responsible

       Date announced in plenary

ENVI

12.9.2013

 

 

 

Opinion by

       Date announced in plenary

INTA

24.10.2013

Rapporteur

       Date appointed

Catherine Bearder

27.11.2013

Date adopted

21.1.2014

 

 

 

Result of final vote

+:

–:

0:

27

1

2

Members present for the final vote

Laima Liucija Andrikienė, Maria Badia i Cutchet, David Campbell Bannerman, Daniel Caspary, María Auxiliadora Correa Zamora, Christofer Fjellner, Yannick Jadot, Metin Kazak, Franziska Keller, Bernd Lange, David Martin, Vital Moreira, Paul Murphy, Godelieve Quisthoudt-Rowohl, Niccolò Rinaldi, Helmut Scholz, Peter Šťastný, Robert Sturdy, Henri Weber, Jan Zahradil, Paweł Zalewski

Substitute(s) present for the final vote

Catherine Bearder, Béla Glattfelder, Syed Kamall, Elisabeth Köstinger, Katarína Neveďalová, Tokia Saïfi, Matteo Salvini, Peter Skinner, Jarosław Leszek Wałęsa

Substitute(s) under Rule 187(2) present for the final vote

Sophie Auconie, Franco Frigo


OPINION of the Committee on Fisheries (23.1.2014)

for the Committee on the Environment, Public Health and Food Safety

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

(COM(2013)0620 – C7-0264/2013 – 2013/0307(COD))

Rapporteur: Chris Davies

SHORT JUSTIFICATION

It is estimated that there are over 12,000 animal and plant species within the European Union that did not originally occur here naturally.  Numbers continue to grow with the movement of people, increase in trade and climate change.  In some 10-15% cases such species may reproduce rapidly and out of control, with severe economic and environmental consequences.

The Commission’s impact assessment suggests that the costs of this damage may already amount to €12 billion a year in damage and lost production.   It also has serious consequences for biodiversity.  The problem is growing, is transboundary in nature, and requires coordinated action.  The Commission’s proposals are aimed at preventing the spread of such species, eradicating them and, where necessary, managing them.

A list of invasive alien species will be agreed that may not be brought into the Union, kept, sold, grown or released into the environment.  Member States may introduce emergency control measures as necessary, and will be required to establish action plans to detect the arrival of such species and to deal with them if they are already present.  They will also be required to take various measures to restore damaged ecosystems.

As restrictions on trade will be involved there may be internal market and WTO issues to be resolved.

It is understood that there is no opposition within the Council to the principle of the approach proposed by the Commission, although the costs and effectiveness of the measures suggested will be a matter for debate.

Within the Parliament it is the Environment Committee that leads on this issue.  In this draft Opinion your rapporteur has therefore confined his proposals to matters that may have relevance to the marine environment or aquaculture.

An essential first step must be to amend the Commission’s proposal to limit to 50 the number of species listed as of Union concern.  This is an entirely artificial concept that contradicts the Commission’s own assessment of the expensive consequences of failing to tackle the problem.  Belgium alone, for example, has identified 28 plant species that must not be planted.  Prioritisation is necessary but the Union list should be prepared on the basis of best advice supplied by a scientific advisory group.

Some species naturally occurring within parts of the European Union may prove to be a problem if released in Member States with different environmental conditions.  The rapporteur suggests that the same restrictions and need for action should apply as for foreign species of concern.

The discharge of ballast water from ships trading across the world has been significant in the introduction of alien invasive species to the aquatic environment. At time of writing only four Member States have ratified the Ballast Water Convention. The Parliament should press for concerted efforts to be made to persuade all the EU’s coastal Member States to endorse the Convention.

AMENDMENTS

The Committee on Fisheries calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) As invasive alien species are numerous, it is important to ensure that priority is afforded to addressing the subset of invasive alien species considered to be of Union concern. A list of such invasive alien species considered to be of Union concern should therefore be drawn up. An invasive alien species should be considered of Union concern if the damage it is causing in the affected Member States is so significant that it justifies the adoption of dedicated measures the scope of which extends across the Union, including in the Member States that are not yet affected or even unlikely to be affected. In order to ensure that the subset of invasive alien species of Union concern remains proportionate, the list should be developed in line with a gradual and phased-in approach including an initial capping of the number of invasive alien species of Union concern to the top 3% of some 1500 invasive alien species in Europe and be focused on those species that cause or are likely to cause significant economic damage, including that deriving from biodiversity loss.

(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 and be focused on those species that cause or are likely to cause significant economic damage, including that deriving from biodiversity loss.

Justification

A cap on the number of invasive alien species of Union concern will result in an ineffective implementation of the legislation.

Amendment  2

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) The criteria to list invasive alien species considered to be of Union concern is the core instrument to apply these new rules. The Commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the Committee. The criteria should include a risk assessment pursuant to the applicable provisions under the Agreements of the World Trade Organisation on placing trade restriction on species.

(11) The criteria to list invasive alien species considered to be of Union concern are the core instrument to apply these new rules. The Commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the Committee. The criteria should include a risk assessment pursuant to the applicable provisions under the Agreements of the World Trade Organisation on placing trade restrictions on species. They are to be laid down by a panel of experts to be appointed by the Commission, the Council, and the European Parliament.

Amendment  3

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Some of the species that are invasive in the Union may be native in some of the Union's Outermost Regions and vice versa. In the Communication from the Commission on ‘The outermost regions: an asset for Europe’18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the Treaty on the Functioning of the European Union taking into account European Council Decisions 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy19 and 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union20 . Therefore all the provisions of these new rules should apply to the Union's Outermost Regions except for provisions relating to invasive alien species of Union concern which are native to those regions. In addition, to allow for the necessary protection of the biodiversity in such regions, it is necessary that the concerned Member States draw up, as a complement to the list of invasive alien species of Union concern, specific lists of invasive alien species for their Outermost Regions to which these new rules should also apply.

(15) Some of the species that are invasive in the Union may be native in some of the Union's Outermost Regions and vice versa. In the Communication from the Commission on ‘The outermost regions: an asset for Europe’18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the Treaty on the Functioning of the European Union taking into account European Council Decisions 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy19 and 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union20 . Therefore all the provisions of these new rules should apply to the Union's Outermost Regions except for provisions relating to invasive alien species of Union concern which are native to those regions. In addition, to allow for the necessary protection of the biodiversity in such regions, it is necessary that in all appropriate cases the Member States concerned draw up and update, as a complement to the list of invasive alien species of Union concern, specific lists of invasive alien species for their Outermost Regions to which these new rules should also apply. This list shall be kept open and revised, as new invasive alien species are identified and considered to pose a risk. Some of the alien species that are invasive in the Union may be native to parts of the Union and to Outermost Regions and vice versa.

__________________

__________________

18 COM (2008)642 final.

18 COM (2008)642 final.

19 OJ L 325, 9.12.2010, p. 4.

19 OJ L 325, 9.12.2010, p. 4.

20 OJ L 204, 31.7.2012, p. 131.

20 OJ L 204, 31.7.2012, p. 131.

Amendment  4

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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.

(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 and shall, if appropriate, come forward with legislative proposals to incorporate such measures into Union law. 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.

Justification

At the time of writing the Commission's Impact Assessment, only four Member States had ratified the Convention; yet the IEEP Report for the Commission (2010) stated that releases of untreated ballast water and hull fouling are by far the most significant vectors of accidental introduction of alien species. In the instance that voluntary measures do not prove successful therefore, the Commission should consider legislative action in this field.

Amendment  5

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

Scientific advice from experts in the relevant field will ensure an effective and consistent implementation of the legislation.

Amendment  6

Proposal for a regulation

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘invasive alien species of Union concern’ means invasive alien species whose negative impact has been deemed such as to require concerted action at the level of the Union pursuant to Article 4(2);

(3) ‘invasive alien species of Union concern’ means invasive alien species whether non-native to the Union or native to certain regions of the Union but alien to others, or taxonomic groups of species, whose negative impact has been deemed such as to require concerted action at the level of the Union pursuant to Article 4(2).

Justification

In some instances species that are native to one region of the Union may be non-native, and invasive, in another; provision should accordingly be made for a differentiated approach between Member States for such species. Inclusion of taxonomic groups of species with similar ecological requirements on the Union list will help avoid trade switching and facilitate easier implementation of the Regulation.

Amendment  7

Proposal for a regulation

Article 3 – paragraph 1 – point 16 a (new)

Text proposed by the Commission

Amendment

 

(16a) 'intentional release' means the process by which an organism is placed into the environment, for any purpose, without the necessary measures to prevent its escape and spread.

Justification

Additional definition in accordance with changes in Amendment 12 (Article 10(1).

Amendment  8

Proposal for a regulation

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) they are, having regard to scientific evidence available, found to be alien to the territory of the Union excluding the outermost regions;

(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  9

Proposal for a regulation

Article 4 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) they are, having regard to 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;

(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  10

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. In the case of invasive species of Union concern that are native to some regions of the Union while remaining alien to others, Member States may submit a derogation request to the Commission from the provisions laid down in Article 7(1). Such a derogation shall be granted by the Commission upon evaluation of the evidence provided, which shall include:

 

a) evidence that the species is either native and/or non-invasive to the Member State;

 

b) evidence that the Member State has taken appropriate measures, based on the precautionary principle and where possible in conjunction with other relevant Member States, to avoid the species' spread to other regions of the Union wherein that species might constitute an invasive threat.

Justification

In instances where a Member State has identified as an invasive species to its territory a species that is native or non-invasive to another Member State, the latter should be able to pursue a differentiated approach to the control of that species provided it fulfils certain obligations.

Amendment  11

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. The list referred to in paragraph 1 shall comprise a maximum of fifty species including any species which may be added as result of the emergency measures foreseen by Article 9.

deleted

Amendment  12

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. Derogations accorded in line with Article 4, paragraph 3a shall be subject to evaluation by the Commission on an annual basis. This evaluation shall take into account the advice of the scientific advisory group established in Article 21 a.

Amendment  13

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) a description of the current distribution of the species including whether the species is already present in the Union or in neighbouring countries;

(e) a description of the current distribution of the species including whether the species is already present in the Union as a native or alien species or in neighbouring countries;

Amendment  14

Proposal for a regulation

Article 5 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) a quantified forecast of the damage costs at Union level demonstrating the significance for the Union, so as to further justify action because the overall damage would outweigh the cost of mitigation;

(g) an assessment of the potential costs at Union level;

Justification

Potential risks and costs posed by invasive alien species are difficult to quantify.

Amendment  15

Proposal for a regulation

Article 5 – paragraph 1 – point h

(h) a description of the possible uses and benefits deriving from those uses of the species.

(h) a description of the possible uses and benefits that may be derived from the species.

Amendment  16

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

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 species other than invasive alien species of Union concern for which Member States consider, on the basis of scientific evidence, that the adverse impact from their release and spread, even where not fully ascertained, is of significance on their national territory (‘invasive alien species of Member State concern’).

1. Member States shall ban any intentional release into the environment of invasive alien species other than invasive alien species of Union concern for which Member States consider, on the basis of the best available scientific evidence, that the adverse impact from their release and spread is of significance on their national territory (‘invasive alien species of Member State concern’).

Justification

Definitions should be included under Article 3.

Amendment  17

Proposal for a regulation

Article 19 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the distribution of the invasive alien species of Union concern present in their territory;

(b) the distribution of the invasive alien species of Union concern present in their territory and in their fresh and marine waters including information regarding migratory or reproductive patterns;

Justification

Such information will help to inform other Member States of the potential risk posed by certain marine invasive alien species.

Amendment  18

Proposal for a regulation

Article 19 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) Measures taken to inform the public about the presence of an alien species and any actions that citizens have been requested to take.

Justification

In many instances citizens may have a role to play in avoiding the further spread of alien species. It is therefore important that Member States take measures to keep the public informed.

Amendment  19

Proposal for a regulation

Article 21 a (new)

Text proposed by the Commission

Amendment

 

Article 21 a

 

Scientific Advisory Group

 

1. The Commission shall establish a scientific advisory group which shall be composed of independent 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 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).

Justification

Scientific advice from experts in the relevant field will ensure an effective, consistent and successful implementation and oversight of the legislation.

Amendment  20

Proposal for a regulation

Article 21 b (new)

Text proposed by the Commission

Amendment

 

Article 21b

 

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.

Justification

The successful implementation of this Regulation, particularly in relation to preventative measures, requires the presence of an independent advisory body. Scientific and technical advice is needed to forecast what organisms might be introduced or become problematic. A group composed of independent scientific and technical experts should therefore be established. Key tasks for this group include giving an opinion on species to be listed and scrutinising risk assessments.

Amendment  21

Proposal for a regulation

Article 21 – title

Text proposed by the Commission

Amendment

Public participation

Public participation and stakeholder involvement and exchange of information

Amendment  22

Proposal for a regulation

Article 21 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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.

Justification

Relevant stakeholders should have an opportunity to engage with the development of the list of species of European concern, as well as actions to support prevention and adopt humane control methods. To ensure effective and active exchange of information between Member States, the industries and sectors concerned, relevant non-governmental organisations and the Commission a forum functioning in a transparent manner is needed.

PROCEDURE

Title

Prevention and management of the introduction and spread of invasive alien species

References

COM(2013)0620 – C7-0264/2013 – 2013/0307(COD)

Committee responsible

       Date announced in plenary

ENVI

12.9.2013

 

 

 

Opinion by

       Date announced in plenary

PECH

12.9.2013

Rapporteur

       Date appointed

Chris Davies

23.9.2013

Discussed in committee

17.10.2013

 

 

 

Date adopted

22.1.2014

 

 

 

Result of final vote

+:

–:

0:

13

7

0

Members present for the final vote

John Stuart Agnew, Antonello Antinoro, Alain Cadec, Chris Davies, João Ferreira, Carmen Fraga Estévez, Pat the Cope Gallagher, Dolores García-Hierro Caraballo, Isabella Lövin, Gabriel Mato Adrover, Guido Milana, Maria do Céu Patrão Neves, Ulrike Rodust, Raül Romeva i Rueda, Struan Stevenson, Isabelle Thomas, Jarosław Leszek Wałęsa

Substitute(s) under Rule 187(2) present for the final vote

Izaskun Bilbao Barandica, Ole Christensen, Jens Nilsson


PROCEDURE

Title

Prevention and management of the introduction and spread of invasive alien species

References

COM(2013)0620 – C7-0264/2013 – 2013/0307(COD)

Date submitted to Parliament

9.9.2013

 

 

 

Committee responsible

       Date announced in plenary

ENVI

12.9.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

INTA

24.10.2013

ITRE

12.9.2013

REGI

12.9.2013

AGRI

12.9.2013

 

PECH

12.9.2013

 

 

 

Not delivering opinions

       Date of decision

ITRE

25.9.2013

REGI

24.9.2013

AGRI

30.9.2013

 

Rapporteur(s)

       Date appointed

Pavel Poc

23.9.2013

 

 

 

Discussed in committee

16.12.2013

 

 

 

Date adopted

30.1.2014

 

 

 

Result of final vote

+:

–:

0:

49

4

3

Members present for the final vote

Sophie Auconie, Pilar Ayuso, Sandrine Bélier, Biljana Borzan, Martin Callanan, Tadeusz Cymański, Spyros Danellis, Chris Davies, Esther de Lange, Bas Eickhout, Edite Estrela, Elisabetta Gardini, Gerben-Jan Gerbrandy, Matthias Groote, Satu Hassi, Jolanta Emilia Hibner, Karin Kadenbach, Martin Kastler, Christa Klaß, Eija-Riitta Korhola, Claus Larsen-Jensen, Jo Leinen, Corinne Lepage, Peter Liese, Zofija Mazej Kukovič, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Vladko Todorov Panayotov, Pavel Poc, Anna Rosbach, Oreste Rossi, Dagmar Roth-Behrendt, Richard Seeber, Theodoros Skylakakis, Bogusław Sonik, Claudiu Ciprian Tănăsescu, Salvatore Tatarella, Glenis Willmott, Sabine Wils, Marina Yannakoudakis

Substitute(s) present for the final vote

Julie Girling, Jutta Haug, Filip Kaczmarek, James Nicholson, Vittorio Prodi, Christel Schaldemose, Birgit Schnieber-Jastram, Renate Sommer, Bart Staes, Rebecca Taylor, Vladimir Urutchev, Andrea Zanoni

Substitute(s) under Rule 187(2) present for the final vote

Fabrizio Bertot, Hiltrud Breyer, Vojtěch Mynář, Bill Newton Dunn

Date tabled

4.2.2014

Last updated: 12 February 2014Legal notice