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4.4.2011 Official
Journal
of
the
European
Union L
88/1
I
(Legislative acts)
REGULATIONS
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(2) The
Community-funded
concerted
action,
entitled
‘Envi
EUROPEAN UNION,
ronmental 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
Having regard to the Treaty on the Functioning of the European
alien and locally absent species can be reduced to an
Union, and in particular Article 43(2) thereof,
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. Intro
Having regard to the proposal from the European Commission,
ductions and translocations for use in closed aquaculture
facilities should only be exempted from the permit
requirement if those conditions are met.
Having regard to the opinions of the European Economic and
Social Committee ( 1 ),
(3) It is therefore necessary to amend the definition of
After transmission of the draft legislative act to the national
‘closed aquaculture facility’ in Regulation (EC) No
parliaments,
708/2007 by adding specific features intended to
ensure the biosecurity of those facilities.
Acting in accordance with the ordinary legislative procedure ( 2 ),
(4) Member
States
should
draw
up
a
list
of
closed
aqua
Whereas:
culture 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 of 13 June
(1) Council
Regulation
(EC)
No
708/2007
( 3 ) establishes a
2008 laying down detailed rules for the implementation
framework governing aquaculture practices in relation
of Council Regulation (EC) No 708/2007 concerning use
to alien and locally absent species to assess and
of alien and locally absent species in aquaculture ( 4 ).
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
(5) Following
these
amendments
certain
other
adaptations
advice.
are needed to Regulation (EC) No 708/2007, in
particular, to remove the references to ‘closed aquaculture
( 1 ) OJ C 354, 28.12.2010, p. 88, and OJ C 51, 17.2.2011, p. 80.
facilities’ in the definition of ‘routine movement’ and
( 2 ) Position of the European Parliament of 23 November 2010 (not yet
from Annex I.
published in the Official Journal) and decision of the Council of
21 February 2011.
( 3 ) OJ L 168, 28.6.2007, p. 1.
( 4 ) OJ L 156, 14.6.2008, p. 6.

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L 88/2
EN
Official Journal of the European Union
4.4.2011
(6) The
Commission
should
be
empowered
to
adopt
Commission Regulation (EC) No 535/2008 (*) which
delegated acts in accordance with Article 290 of the
lays down detailed rules for the implementation of this
Treaty on the Functioning of the European Union
Regulation.
(TFEU) in order to adapt Annexes I, II and III to
technical and scientific progress, to amend Annex IV in
___________
order to add species to that Annex and to adopt specifi
(*) OJ L 156, 14.6.2008, p. 6.’;
cations for the conditions necessary for adding species to
Annex IV. It is of particular importance that the
Commission carry out appropriate consultations during
its preparatory work, including at expert level.
3. Article 3 is amended as follows:
(7) The
measures
necessary
for
the
implementation
of
this
(a) point 3 is replaced by the following:
Regulation should be adopted by the Commission by
means of implementing acts in accordance with
Article 291 TFEU.
‘3. “Closed aquaculture facility” means a land-based

facility:
(8) The
term
‘Community’
used
in
the
enacting
terms
of
Regulation (EC) No 708/2007 should be changed,
(a) where:
following the entry into force of the Treaty of Lisbon
on 1 December 2009.
(i) aquaculture is conducted in an aquatic
medium which involves recirculation of
(9) Regulation
(EC)
No
708/2007
should
therefore
be
water; and
amended accordingly,
(ii) discharges do not connect in any way to
HAVE ADOPTED THIS REGULATION:
open waters before screening and filtering
or percolation and treatment to prevent the
release of solid waste into the aquatic
Article 1
environment and the escape from the
Regulation (EC) No 708/2007 is hereby amended as follows:
facility of farmed species and non-target
species that might survive and subsequently
reproduce;
1. in Article 2(1), in the title of Article 13, in Article 15(2) and
in the title of Article 19, the noun ‘Community’, or the
corresponding adjective, is replaced by the noun ‘Union’,
(b) and which:
or the corresponding adjective, and any grammatical
adjustments needed as a consequence of this replacement
(i) prevents losses of reared specimens or non-
shall be made;
target species and other biological material,
including pathogens, due to factors such as
2. Article 2 is amended as follows:
predators (e.g. birds) and flooding (e.g. the
facility must be situated at a safe distance
from open waters following a proper
(a) in paragraph 5, the first sentence is replaced by the
assessment made by the competent
following:
authorities);
‘5. This Regulation, except for Article 3, Article 4(1)
(ii) prevents, in a reasonable way, losses of
and Article 4(2)(a), shall not apply to the species listed in
reared specimens or non-target species and
Annex IV.’;
other biological material, including
pathogens, due to theft and vandalism; and
(b) paragraph 7 is replaced by the following:
(iii) ensures appropriate disposal of dead
organisms;’;
‘7. Chapters III to VI shall not apply to movements of
alien or locally absent species to be held in closed aqua
culture facilities, provided that the transport is carried
(b) point 16 is replaced by the following:
out under conditions that prevent the escape of those
species and of the non-target species.
‘16. “routine movement” means the movement of
aquatic organisms from a source which has a low
Member States shall draw up a list of closed aquaculture
risk of transferring non-target species and which, on
facilities in their territory that comply with the definition
account of the characteristics of the aquatic
in Article 3(3) and update that list regularly. By
organisms and/or the method of aquaculture to be
25 October 2011, the list shall be published on the
used, does not give rise to adverse ecological
website set up in accordance with Article 4(2) of
effects;’;

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EN
4.4.2011 Official
Journal
of
the
European
Union L
88/3
4. in Article 4, the existing paragraph is numbered as ‘1’ and
2. When
adopting
delegated
acts
as
referred
to
in
the following paragraph is added:
paragraph 1, the Commission shall act in accordance with
this Regulation.
‘2. The
competent
authorities
in
the
Member
States
shall
monitor and supervise aquaculture activities so as to ensure
3. In order for its species to be added to Annex IV, an
that:
aquatic organism must have been used in aquaculture in
certain parts of the Union for a long time (with reference
to its life cycle) with no adverse effect, and its introduction
(a) closed aquaculture facilities comply with the
and translocation must be possible without the coincident
requirements laid down in Article 3(3); and
movement of potentially harmful non-target species.
(b) transport from or to closed aquaculture facilities takes
4. Member
States
may
request
the
Commission
to
add
place in conditions that are such as to prevent the escape
species to Annex IV. Member States may provide scientific
of alien or non-target species.’;
data to prove coherence with relevant criteria for adding
species to Annex IV. The Commission shall decide on the
suitability of a request within 5 months of its receipt,
excluding the time for the Member State to provide addi
5. Article 14 is replaced by the following:
tional information if the Commission so requests.
‘Article 14
5. Member
States
concerned
may,
in
respect
of
their
Release into aquaculture facilities in the case of routine
outermost regions as referred to in Article 349 of the
introductions
Treaty on the Functioning of the European Union, propose
the addition of species to be included in a separate part of
In the case of routine introductions, the release of aquatic
Annex IV.
organisms into aquaculture facilities shall be allowed without
quarantine or pilot release, unless, in exceptional cases, the
competent authority decides otherwise on the basis of
specific advice given by the advisory committee.
Movements from a closed aquaculture facility to an open
6. The
Commission
may
adopt
detailed
rules
for
the
aquaculture facility shall be considered to be routine or
implementation of paragraphs 4 and 5, and in particular
non-routine movements in line with Articles 6 and 7.’;
the formats, the contents and the particulars of Member
States’ requests for the addition of species and the
information to be provided in support of such requests, in
accordance with the procedure referred to in Article 30(2) of
6. Article 24 is replaced by the following:
Regulation (EC) No 2371/2002.’;
‘Article 24
7. the following Articles are inserted:
Amendments of Annexes and detailed rules
1. The
Commission
may,
by
means
of
delegated
acts
in
accordance with Article 24a and subject to the conditions
‘Article 24a
laid down in Articles 24b and 24c:
Exercise of the delegation
1. The
power
to
adopt
the
delegated
acts
referred
to
in
Article 24 shall be conferred on the Commission for a
(a) amend Annexes I, II and III to this Regulation in order to
period of 5 years from 24 April 2011. The Commission
adapt them to technical and scientific progress;
shall make a report in respect of the delegated power at
the latest 6 months before the end of the 5-year period.
The delegation of power shall be automatically extended
(b) adopt specifications for the conditions necessary for
for periods of an identical duration, unless the European
adding species to Annex IV, as provided for in
Parliament or the Council revokes it in accordance with
paragraph 3; and
Article 24b.
(c) add species to Annex IV where the conditions provided
2. As
soon
as
it
adopts
a
delegated
act,
the
Commission
for in paragraph 3 and their further specifications are
shall notify it simultaneously to the European Parliament and
complied with.
to the Council.

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L 88/4
EN
Official Journal of the European Union
4.4.2011
3. The
power
to
adopt
delegated
acts
is
conferred
on
the
The delegated act may be published in the Official Journal of
Commission subject to the conditions laid down in Articles
the European Union and enter into force before the expiry of
24b and 24c.
that period if the European Parliament and the Council have
both informed the Commission of their intention not to
raise objections.
Article 24b
Revocation of the delegation
3. If
either
the
European
Parliament
or
the
Council
1. The
delegation
of
power
referred
to
in
Article
24
may
objects to the delegated act within the period referred to
be revoked at any time by the European Parliament or by the
in paragraph 1, it shall not enter into force. The institution
Council.
which objects shall state the reasons for objecting to the
delegated act.’;
2. The
institution
which
has
commenced
an
internal
procedure for deciding whether to revoke the delegation of
8. Annex I is amended as follows:
power shall endeavour to inform the other institution and
the Commission within a reasonable time before the final
(a) the first paragraph is replaced by the following:
decision is taken, indicating the delegated power which could
be subject to revocation and possible reasons for a revo
‘Wherever possible, information is to be supported with
cation.
references from the scientific literature, and notations to
personal communications with scientific authorities and
3. The
decision
of
revocation
shall
put
an
end
to
the
fisheries experts.’;
delegation of the power specified in that decision. It shall
take effect immediately or at a later date specified therein. It
(b) Section D (Interaction with native species) is amended as
shall not affect the validity of the delegated acts already in
follows:
force. It shall be published in the Official Journal of the
European Union.
(i) point 1 is replaced by the following:
Article 24c
‘(1) What is the potential for survival and estab
Objections to delegated acts
lishment of the introduced organism if it
escapes?’;
1. The
European
Parliament
or
the
Council
may
object
to
a delegated act within a period of 2 months from the date of
notification.
(ii) point 6 is replaced by the following:
At the initiative of the European Parliament or the Council,
‘(6) Will the introduced organisms survive and
that period shall be extended by 2 months.
successfully reproduce in the proposed area of
introduction or will annual stocking be
required?’.
2. If,
on
expiry
of
the
period
referred
to
in
paragraph
1,
neither the European Parliament nor the Council has
Article 2
objected to the delegated act, it shall be published in the
Official Journal of the European Union and shall enter into
This Regulation shall enter into force on the 20th day following
force on the date stated therein.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 9 March 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
GYRI E.

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