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Commission Regulation (EC) No 535/2008 of 13 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture(1), and in particular the third paragraph of Article 23 and Article 24(3) thereof,
Whereas:
(1) 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 these and any associated non-target species on aquatic habitats. It provides, inter alia, that detailed rules implementing the conditions necessary for adding species to Annex IV to that Regulation are to be adopted.
(2) It is therefore appropriate to establish a transparent procedure in order to assess the requests made by the Member States for the addition of species to Annex IV to Regulation (EC) No 708/2007. In particular, it is necessary to further clarify and define the conditions provided for in Article 24(2) of Regulation (EC) No 708/2007 and to identify the information Member States should provide to support their requests for the addition of species.
(3) In addition, Regulation (EC) No 708/2007 provides that a specific information system may be developed to allow Member States to share the information contained in the registers concerning alien and locally absent species in aquaculture.
(4) It is therefore necessary to develop common informatics standards and communication language to be used by the Member States in order to share a set of minimum data contained in their national registers of introductions and translocations. Provisions should be laid down to assist the harmonisation of the information systems to be implemented by the Member States.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
This Regulation lays down detailed rules implementing the conditions necessary for adding species to Annex IV to Regulation (EC) No 708/2007 and regarding the development of a specific information system concerning the permits for the introductions and translocations of alien and locally absent species in aquaculture.
For the purposes of [F1Article 24(3)] of Regulation (EC) No 708/2007:
‘long time (with reference to its life cycle)’ shall mean a minimum period of 10 years following the completion of two production cycles;
‘adverse effect’ shall mean a case where scientific evidence shows that an aquatic species, after its introduction in [F2Great Britain], cause inter alia, significant:
habitat degradation;
competition with native species for spawning habitat;
hybridisation with native species threatening species integrity;
predation on native species' population resulting in their decline;
depletion of native food resources;
spread of disease and novel pathogens in wild aquatic organisms and ecosystems.
Textual Amendments
F1Words in Art. 2 substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(2)(a) (as substituted by S.I. 2020/1463, regs. 1(2)(a), 2(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 2(b) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(2)(b) (as substituted by S.I. 2020/1463, regs. 1(2)(a), 2(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
In this Regulation, “the appropriate authority” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers;
(c)in relation to Scotland, the Scottish Ministers;
but the appropriate authority is the Secretary of State if consent is given—
(a)in respect of the functions exercisable in relation to Wales, by the Welsh Ministers;
(b)in respect of the functions exercisable in relation to Scotland, by the Scottish Ministers.]
Textual Amendments
F3Art. 2a inserted by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(3) (as substituted by S.I. 2020/1463, regs. 1(2)(a), 2(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Art. 3 omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(4); 2020 c. 1, Sch. 5 para. 1(1)
1.[F5The appropriate authority] shall establish and keep up to date an information system containing details of all requests for permits to introduce an alien species or to translocate a locally absent species. [F5The appropriate authority] shall fill in for each request for a permit an information sheet setting out the data indicated in the Annex to this Regulation and in accordance with the format set out therein.
F62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words in Art. 4(1) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 4(2) omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 4(3) omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Art. 5 omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(6); 2020 c. 1, Sch. 5 para. 1(1)
F9...
Done at Brussels, 13 June 2008.
For the Commission
Joe Borg
Member of the Commission
Textual Amendments
F9Words in Signature omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(7); 2020 c. 1, Sch. 5 para. 1(1)
Date of the application for a permit: | dd/mm/yyyy |
Tetraploid: | YES/NO |
Fertile artificially hybrid: | YES/NO |
Routine introduction or translocation: | YES/NO |
Permit approval: | YES/NO |
Date of the delivery of the permit: | dd/mm/yyyy |
Duration of the permit: | X years XX months |
Quarantine: | YES/NO |
Pilot releases: | YES/NO |
Non-routine introduction or translocation: | YES/NO |
Textual Amendments
F10Words in Annex point 2.1.2.2. omitted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(8) (as inserted by S.I. 2020/1463, regs. 1(2)(a), 2(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Permit approval: | YES/NO |
Date of the delivery of the permit: | dd/mm/yyyy |
Duration of the permit: | X years XX months |
Quarantine: | YES/NO |
Pilot releases: | YES/NO |
Duration of monitoring programme: | XX months |
Textual Amendments
F11Words in Annex point 3.2 omitted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(8) (as inserted by S.I. 2020/1463, regs. 1(2)(a), 2(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Contingency plans applied: | YES/NO |
Withdrawal of the permit (if applicable): | YES/NO |
Date: | dd/mm/yyyy |
Textual Amendments
F12Words in Annex point 3.4.3 omitted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 10(8) (as inserted by S.I. 2020/1463, regs. 1(2)(a), 2(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Applications may be submitted for multiple movements to take place over a period of not longer than seven years (Article 6(1) of Regulation (EC) No 708/2007).
As defined in Article 3(2) and (3) of Regulation (EC) No 708/2007.
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