(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0154)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0137/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0331/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 5 a (new) (5a) Aquaculture is not the only source of potential dissemination of alien species in the aquatic medium. Other activities, such as, inter alia, the use of ballast water and trade in ornamental fish, are possibly more significant in terms of environmental risk and require special management measures. Comprehensive strategies should be developed to deal with the problem of alien species in an integrated fashion. However, until such a strategy is implemented, it is appropriate to adopt sectoral measures such as the ones proposed in this Regulation. Amendment 2 Recital 5 b (new) (5b) Specific strategies should be developed to counter the introduction of genetically modified species into the EU's fish farming sector and to control the movement of fertilised eggs. Amendment 3 Recital 8 a (new) (8a) It should be taken into account that movements of alien or locally absent species to be held in closed aquaculture facilities which are secure and which present a very low risk of escape should not normally be subject to any prior environmental risk assessment. Amendment 4 Recital 9 a (new) (9a) Some alien species have commonly been used in aquaculture for a long time and experience has shown that the associated environmental risk is minimal. The activities connected therewith should therefore benefit from a differential treatment facilitating their development without any additional administrative burden. Amendment 5 Recital 9 b (new) (9b) There should be an adequate transition period between the entry into force and the application of this Regulation, in view of the financial and institutional implications for the parties concerned. Amendment 6 Article 2, paragraph 4 a (new) 4a. When this Regulation is applied the fact that closed aquaculture facilities, as defined in Article 3, point 3, present a lower risk of escape should be taken into account. Amendment 7 Article 2, paragraph 5 a (new) 5a. This Regulation, except for Articles 3 and 4, shall not apply to species which have commonly been used in aquaculture for more than 30 years and for which escape to the wild has been proven not to represent an environmental hazard. The Commission, in accordance with the procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002 and on the basis of scientific knowledge, shall establish the list of such species before the entry into force of this Regulation. Amendment 8 Article 5 Member States shall designate the competent authority responsible for ensuring compliance with the requirements of this Regulation ("the competent authority"). Each competent authority shall appoint to assist it an advisory committee, which shall include appropriate biological and ecological expertise ("the advisory committee"). Member States shall designate the competent authority responsible for ensuring compliance with the requirements of this Regulation ("the competent authority"). Each competent authority shall appoint to assist it an advisory committee, which shall include appropriate biological and ecological expertise ("the advisory committee"). Where competence in respect of the management of aquaculture activities has been delegated to regional or sub-regional bodies, such competent authorities and advisory committees may be designated by those regional or sub-regional bodies. Amendment 9 Article 6, paragraph 1 1.  Anyone intending to undertake the introduction or translocation of an aquatic organism shall apply for a permit from the competent authority of the receiving Member State. Applications may be submitted for multiple movements to take place over a period of not longer than five years. 1.  Anyone intending to undertake the introduction or translocation of an aquatic organism shall apply for a permit from the competent authority of the receiving Member State. Applications may be submitted for multiple movements to take place over a period of not longer than seven years. Amendment 10 Article 10, paragraph 1 1.  The applicant shall be informed in writing of the decision to issue or refuse a permit within a reasonable time and in any case not later than one year from the date of the submission of the application. 1.  The applicant shall be informed in writing of the decision to issue or refuse a permit within a reasonable time and in any case not later than six months from the date of the submission of the application. Amendment 11 Article 12 At any point in time the Competent Authority can withdraw the permit if unforeseen events with negative effects on the environment or on native populations occur. At any point in time the Competent Authority can withdraw the permit if unforeseen events with negative effects on the environment or on native populations occur. Any withdrawal of a permit must be justified on scientific grounds. Amendment 12 Article 25, paragraph 1 a (new) It shall apply from...* ____________________ * Twelve months following the date of its entry into force.

(1) Not yet published in OJ.