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

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 aquaculture1, 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:

Article 1

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.

Article 2

For the purposes of F6Article 24(3) of Regulation (EC) No 708/2007:

  1. (a)

    ‘long time (with reference to its life cycle)’ shall mean a minimum period of 10 years following the completion of two production cycles;

  2. (b)

    ‘adverse effect’ shall mean a case where scientific evidence shows that an aquatic species, after its introduction in F7Great Britain, cause inter alia, significant:

    1. (i)

      habitat degradation;

    2. (ii)

      competition with native species for spawning habitat;

    3. (iii)

      hybridisation with native species threatening species integrity;

    4. (iv)

      predation on native species' population resulting in their decline;

    5. (v)

      depletion of native food resources;

    6. (vi)

      spread of disease and novel pathogens in wild aquatic organisms and ecosystems.

Article 2aF1Interpretation

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.

F8Article 3

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Article 4

1

F9The 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. F9The 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.

F102

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F113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12Article 5

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F2...

Done at Brussels, 13 June 2008.

For the Commission

Joe Borg

Member of the Commission

ANNEX

The information sheet referred to in Article 4(1)The information sheet is to be filled in for a single/multiple2 movement (introduction/translocation) of an alien/locally absent species

1.General information

1.1.

Number or reference of the application for a permit:

1.2.

First application: YES/NO, if NO: reference of the previous applications for a permit

1.3.

Date of the application for a permit:

dd/mm/yyyy

1.4.

Data on the species:

1.4.1.

FAO code:

1.4.2.

Common name:

1.4.3.

Scientific name:

1.4.4.

Sub-species (if relevant):

1.4.5.

Additional information:

1.4.5.1.

Tetraploid:

YES/NO

1.4.5.2.

Fertile artificially hybrid:

YES/NO

1.4.5.3.

If YES, FAO code and name of the parent species:

1.5.

Source:

1.5.1.

Country:

1.5.2.

Location (name and address of the source):

1.5.3.

Type of source (hatchery/on-growing farm/wild):

1.6.

Receiving aquaculture facility:

1.6.1.

Location (name and address):

1.6.2.

Method of farming: Closed/Open3 system

1.7.

Number of organisms and life stage (eggs, larvae, juveniles, adults):

1.8.

Purpose (human consumption, farming for further restocking, research, etc.):

1.9.

Number of movements foreseen:

2.Screening and risk assessment

2.1.

Type of movement:

2.1.1.

Routine introduction or translocation:

YES/NO

2.1.1.1.

Permit approval:

YES/NO

2.1.1.2.

Date of the delivery of the permit:

dd/mm/yyyy

2.1.1.3.

Authority issuing the permit (complete address):

2.1.1.4.

Duration of the permit:

X years XX months

2.1.1.5.

If subject to conditions:

2.1.1.5.1.

Quarantine:

YES/NO

2.1.1.5.2.

Pilot releases:

YES/NO

2.1.2.

Non-routine introduction or translocation:

YES/NO

2.1.2.1.

Type of risk:

2.1.2.1.1.

Low

2.1.2.1.2.

Medium

2.1.2.1.3.

High

2.1.2.2.

Summary report of the overall environment risk assessment (some lines and a PDF document) F3...

2.1.2.3.

Permit approval:

YES/NO

2.1.2.4.

Date of the delivery of the permit:

dd/mm/yyyy

2.1.2.5.

Authority issuing the permit:

2.1.2.6.

Duration of the permit:

X years XX months

2.1.2.7.

If subject to conditions:

2.1.2.7.1.

Quarantine:

YES/NO

2.1.2.7.2.

Pilot releases:

YES/NO

3.Monitoring

3.1.

Duration of monitoring programme:

XX months

3.2.

Summary of the results of the evaluation of the monitoring programme (some lines and a PDF document) F4...

3.3.

Contingency plans applied:

YES/NO

3.4.

Withdrawal of the permit (if applicable):

YES/NO

3.4.1.

If YES: Temporarily/permanently

3.4.2.

Date:

dd/mm/yyyy

3.4.3.

Reasons for the withdrawal (some lines) F5...: