Aquaculture: use of alien and locally absent species

PURPOSE: to introduce technical amendments to Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture.

LEGISLATIVE ACT: Regulation (EU) No 304/2011 of the European Parliament and of the Council of 9 March 2011 amending Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture.

CONTENT: the Council adopted at first reading a regulation amending regulation (EC) No 708/2007 concerning the use of alien and locally absent species in aquaculture.

Council Regulation (EC) No 708/2007 establishes a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of those species and of associated non-target species on aquatic habitats. It provides that introductions and translocations for use in closed aquaculture facilities may at a future date be exempted from the permit requirement of Chapter III of that Regulation, based on new scientific information and advice.

The Community-funded concerted action, entitled ‘Environmental impacts of alien species in aquaculture’ (IMPASSE), has delivered a new operational definition of ‘closed aquaculture facilities’. For facilities according to that definition, the degree of risk associated with alien and locally absent species can be reduced to an acceptable level if the potential for escape of the organisms to be farmed and of non-target organisms is addressed during transportation and if well-defined protocols are applied at the receiving facility. Introductions and translocations for use in closed aquaculture facilities should only be exempted from the permit requirement if those conditions are met.

The new Regulation amends the definition of ‘closed aquaculture facility’ in Regulation (EC) No 708/2007 by adding specific features intended to ensure the biosecurity of those facilities.

Member States should draw up a list of closed aquaculture facilities located in their territory. For reasons of transparency, that list should be published and regularly updated on a website set up in accordance with Commission Regulation (EC) No 535/2008.

Certain other adaptations are needed to Regulation (EC) No 708/2007, in particular, to remove the references to ‘closed aquaculture facilities’ in the definition of ‘routine movement’ and from Annex I.

ENTRY INTO FORCE: 24/04/2011.

DELEGATED ACTS: the Commission should be empowered to adopt delegated acts involving technical and scientific progress. The power to adopt the delegated acts shall be conferred on the Commission for a period of 5 years from 24 April 2011. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it. The European Parliament or the Council may object to a delegated act within a period of 2 months from the date of notification (that period shall be extended by 2 months).

If either the European Parliament or the Council objects to the delegated act, it shall not enter into force.