2009/0153(COD)

Aquaculture: use of alien and locally absent species (amend. Regulation (EC) No 708/2007)

Procedure completed

2009/0153(COD) Aquaculture: use of alien and locally absent species (amend. Regulation (EC) No 708/2007)
RoleCommitteeRapporteurShadows
Opinion ENVI
Lead PECH FERREIRA João (GUE/NGL)
Lead committee dossier: PECH/7/01339
Legal Basis TFEU TFEU 043-p2, TFEU TFEU 349-p1sub1-as1
Subjects
Links

Activites

  • 2011/04/04 Final act published in Official Journal
  • 2011/03/09 Final act signed
  • 2011/03/09 End of procedure in Parliament
  • 2011/02/21 Act adopted by Council after Parliament's 1st reading
  • #3070
  • 2011/02/21 Council Meeting
  • 2010/11/23 CSL Final Agreement
  • 2010/11/23 Text adopted by Parliament, 1st reading/single reading
    • T7-0423/2010 summary
    • Results of vote in Parliament
  • 2010/11/23 Commission response to text adopted in plenary
    • SP(2011)610
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria
  • 2010/11/22 Debate in Parliament
  • 2010/10/21 Economic and Social Committee: opinion, report
  • 2010/07/19 Legislative proposal
    • COM(2010)0393 summary
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria
  • 2010/06/07 Committee report tabled for plenary, 1st reading/single reading
  • 2010/06/02 Vote in committee, 1st reading/single reading
  • 2010/05/07 Deadline Amendments
  • 2010/04/13 Committee draft report
  • 2010/03/17 Economic and Social Committee: opinion, report
  • 2009/12/02 Additional information
  • 2009/11/12 Committee referral announced in Parliament, 1st reading/single reading
  • 2009/11/05 EP officialisation
  • 2009/10/15 Initial legislative proposal
    • COM(2009)0541 summary
    • SEC(2009)1347 summary
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria

Documents

Votes

Rapport Ferreira A7-0184/2010 - Résolution législative

2010/11/23
Position Total ALDE ECR EFD GUE/NGL NI PPE S&D Verts/ALE correctional
For 638 75 50 16 28 8 239 173 49 0
Against 16 0 0 10 0 6 0 0 0 0
Abstain 11 0 0 0 1 10 0 0 0 0
AmendmentsDossier
20 2009/0153(COD) Aquaculture: use of alien and locally absent species (amend. Regulation (EC) No 708/2007)
2010/04/13 PECH, PECH 14 amendments...
source: PE-439.126
2010/10/05 PECH 6 amendments...
source: PE-441.148

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2009-10-15
    docs
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Initial legislative proposal
  • body
    EP
    date
    2009-11-05
    type
    EP officialisation
  • date
    2009-11-12
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-12-02
    text
    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council Regulation amending Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture, the entry into force of the Lisbon Treaty had the following impacts:

      ·        the old legal basis - Treaty/EC/Art. 37, 299(2) - became Art 43(2), Art 349 (1) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

      ·        the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an ordinary legislative procedure (COD).

    body
    type
    Additional information
  • date
    2010-03-17
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=0453&year=2010
      title
      CES0453/2010
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52010AE0453:EN
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • date
    2010-04-13
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE439.126
      type
      Committee draft report
      title
      PE439.126
    body
    EP
    type
    Committee draft report
  • body
    EP
    date
    2010-05-07
    type
    Deadline Amendments
  • date
    2010-06-02
    text
    • The Committee on Fisheries adopted the report drawn up by João FERREIRA (GUE/NGL, PT) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 708/2007 concerning the use of alien and locally absent species in aquaculture.

      It recommended that the European Parliament's position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should amend the Commission proposal as follows:

      Legal basis: in line with the opinion delivered by the Committee on Legal Affairs pursuant to Rule 37 of the EP's Rules of Procedure, Members consider the appropriate legal basis to be Article 43(2) of the Treaty on the Functioning of the European Union (TFEU) only. It is also necessary to deleted all references to Article 299(2) of the EC Treaty (or the corresponding article of the TFEU, that is to say, Article 349).

      Closed aquaculture facilities: to avoid possible ambiguities when the regulation is implemented, Members state that it should be made clear that closed aquaculture facilities will be treated as such if, and only if, they are situated on land. An amendment stipulates that a closed aquaculture facility should prevent losses of reared specimens or biological material, including pathogens, due to factors such as flooding - for which reason the facility must be situated at a safe distance from open waters - and predators (e.g. birds) and, in a reasonable way, prevents losses due to theft and vandalism, while ensuring appropriate disposal of dead organisms.

      List of closed aquaculture facilities: the Commission proposal does not require the list to be published on a set date. However, Members state that it would be advisable, not to say essential, to specify a deadline. They propose that this list be published on the website set up in accordance with Article 4(2) of Commission Regulation (EC) No 535/2008 within six months of the date of entry into force of this Regulation.

      Exotic and non-target species: the amended text stipulates that the competent authorities in the Member States shall be responsible for monitoring and supervising so as to ensure that closed aquaculture facilities comply with the requirements laid down in the Regulation, and also for ensuring that transport from or to those facilities takes place in conditions that are such as to prevent the escape of exotic or non-target species.

      Members also underline that the facilitation of the process of introduction of exotic species needs to be complemented by the necessary measures for supervising the facilities on the part of the competent Member State authorities, the aim being to ensure effective compliance with all technical requirements put forward by the specialists (especially in the context of the IMPASSE project).

      Comitology: Council Regulation (EC) No 708/2007 contains various 'comitology' provisions that are now incompatible with the Treaty on the Functioning of the European Union (TFEU). Therefore, Members have tabled a set of amendments to bring the basic act into line with the new Treaty, and in particular Article 290 thereof (delegated acts).

      Entry into force: this Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

    body
    EP
    committees
    type
    Vote in committee, 1st reading/single reading
  • date
    2010-06-07
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-0184&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0184/2010
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2010-07-19
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=0393
      text
      • The Commission presents an amended proposal on amending Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture.

        After the entry into force of the Lisbon Treaty on 1 December 2009, the proposal has moved to the ordinary legislative procedure. The legal base is now Article 43(2) of the Treaty on the Functioning of the European Union.

        It is also appropriate to align the "comitology" provisions in issue to the novel provisions of Article 290 of the Treaty on the Functioning of the European Union pertaining to delegated powers and of Article 291 of the Treaty on the Functioning of the European Union pertaining to implementing powers. This will make Council Regulation No 708/2007 fully consistent with the new decision-making set-up under the new Treaty. It is thus necessary to amend the Commission's initial proposal accordingly.

        Lastly, it is proposed to amend the Commission's initial proposal in order to incorporate certain specifications of definitions (i.e. "closed aquaculture facility"), clarifications of certain provisions (i.e. situation of facilities at a safe distance from open waters) and a number of drafting improvements.

        The amended proposal has no implications for the EU budget.

      celexid
      CELEX:52010PC0393:EN
      type
      Legislative proposal published
      title
      COM(2010)0393
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Legislative proposal
  • date
    2010-10-21
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=1374&year=2010
      title
      CES1374/2010
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52010AE1374:EN
    body
    ESOC
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    Economic and Social Committee: opinion, report
  • date
    2010-11-22
    body
    EP
    type
    Debate in Parliament
  • body
    CSL
    date
    2010-11-23
    type
    CSL Final Agreement
  • date
    2010-11-23
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2010-11-23
    docs
    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=18477&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2011)610
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Commission response to text adopted in plenary
  • date
    2011-02-21
    body
    type
    Act adopted by Council after Parliament's 1st reading
  • date
    2011-02-21
    body
    CSL
    type
    Council Meeting
    council
    Agriculture and Fisheries
    meeting_id
    3070
  • date
    2011-03-09
    body
    type
    Final act signed
  • date
    2011-03-09
    body
    EP
    type
    End of procedure in Parliament
  • date
    2011-04-04
    text
    • 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.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    responsible
    False
    committee_full
    Environment, Public Health and Food Safety
    committee
    ENVI
  • body
    EP
    responsible
    True
    committee
    PECH
    date
    2009-11-03
    committee_full
    Fisheries
    rapporteur
    • group
      GUE/NGL
      name
      FERREIRA João
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Maritime Affairs and Fisheries
    commissioner
    DAMANAKI Maria
procedure added
dossier_of_the_committee
PECH/7/01339
reference
2009/0153(COD)
subtype
Legislation
legal_basis
stage_reached
Procedure completed
instrument
Regulation
title
Aquaculture: use of alien and locally absent species (amend. Regulation (EC) No 708/2007)
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject

code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
© European Union, 2011 – Source: European Parliament