Scoping document for the IAS Working Group on Prevention
Second version, after amendments by the first WG-meeting, 10/12/2010
Basis: This document is based on the stakeholder consultation on 3 September 2010, the written inputs received afterwards and the study from Shine et al. (2010)[1].
Status: This document is only a working document. All possibilities are still open, no choices have been made.
Aim: The aim of this document is to frame the discussions in the working group on IAS - prevention and highlight the areas where the expertise of the members is sought.
For this Working Group the main areas where the discussion would need to focus and recommendations be presented are:
· Task 1: Priority species:
o How to regulate the intentional release of IAS into the natural environment?
o How to regulate contained holding of IAS, in order to prevent their later release/escape into the natural environment?
o How to anticipate on future IAS risks?
· Task 2: Priority pathways:
o How to regulate priority pathways?
· Task 3: Risk assessments:
o How to organise risk assessments?
· Task 4: Financing and liability:
o How to finance the IAS-instrument?
o How to establish liability?
· Task 5: Communication and awareness raising
o Who should be the target groups?
o What tools can be used?
Other issues linked with these topics can of course be added in the report by Members of the Group.
1 Prevention
1.1 Background information
Provisions pertaining to the prevention of the introduction of IAS that can be found in existing EU legislation:
· Birds Directive (79/409/EEC) and Habitats Directive (92/43/EEC) restrict intentional release into the wild:
o Birds Directive, Art 11: Member States shall see that any introduction of species of bird which do not occur naturally in the wild state in the European territory of the Member States does not prejudice the local flora and fauna. In this connection they shall consult the Commission.
o Habitats Directive, Art 22(b): In implementing the provisions of this Directive, Member States shall: (b) ensure that the deliberate introduction into the wild of any species which is not native to their territory is regulated so as not to prejudice natural habitats within their natural range or the wild native fauna and flora and, if they consider it necessary, prohibit such introduction. The results of the assessment undertaken shall be forwarded to the committee for information.
o Further specifications to be developed
· Water framework directive (2000/60/EC) prevents further deterioration and protects and enhances the status of aquatic ecosystems
· Aquaculture regulation (708/2007) restricts intentional release for use in aquaculture (incl. unintentional release of non-target species)
o Art 4: Member States shall ensure that all appropriate measures are taken to avoid adverse effects to biodiversity, and especially to species, habitats and ecosystem functions which may be expected to arise from the introduction or translocation of aquatic organisms and non-target species in aquaculture and from the spreading of these species into the wild.
o Art3: (6) ‘alien species’ means: (a) a species or subspecies occurring outside its known natural range and the area of its natural dispersal potential; (b) polyploid organisms, and fertile artificially hybridized species irrespective of their natural range or dispersal potential;
o Art 3: (7) ‘locally absent species’ means a species or subspecies which is locally absent from a zone within its natural range of distribution for biogeographical reasons;
o Decentralised and closed (white list) system, giving the MS primary responsibility for RA, decision making on permits and follow-up measures, based on a detailed procedure and mandatory criteria
· Marine strategy framework directive (2008/56/EC) requires a good environmental status in the marine environment, keeping “non-indigenous species introduced by human activities at levels that do not adversely alter the ecosystems”.
o Further specifications to be developed through ballast water legislation
· Animal and Plant health legislation control unintentional introduction of plant pests and animal diseases
1.2 TASK 1: Priority species (and habitats)
There are two major issues to be addressed:
· Release into the natural environment
· Contained holding (prohibit the keeping, transport and sale or exchange, and offering for sale or exchange of specimens of such species)
1.2.1 How to regulate intentional release into the natural environment?
· Development of a white list with species where intentional release into the natural environment is not restricted – for all non-white listed species intentional release into the natural environment is restricted (prohibited, unless permit is obtained).
o What is release into the natural environment?
o Is it feasible to organise a white list for release into the natural environment?
o If yes, what species should be on a white list for release into the natural environment?
§ (a) All species that are native and locally present and (b) all species that are alien or locally absent, but locally commonly used outdoor (agriculture, forestry, biofuel plantation, horticulture, restocking for hunting, planting for landscaping and erosion control, ornamental planting in parks, gardens, botanical gardens, along streets, on balconies, on green roofs, etc), that are not blacklisted, with liability provisions
· What is locally commonly used outdoor?
· What is native and locally present?
· Which species to be listed individually and which species to be listed through a common definition?
· If species are to be listed individually: What about populations, different varieties of species? What about sterile varieties?
§ All alien/locally absent species used in biological pest control that proved safe after risk assessment
· Basis: standards developed by EPPO
§ Re-introduction of native species (as foreseen in Habitats Directive)
§ How to deal with the use of live bait and live food?
§ How to deal with telemetry falconry species?
o If yes, when should there be a risk assessment?
§ To add individually listed species on the white list
§ To remove individually listed species from the white list
§ To provide permits (incl. liability) for non-white listed species
o How to organise liability?
o Unidentified species (or commodities potentially including alien or locally absent species) should never be released into the natural environment: need for special attention?
o What will be the consequence of the presence of a non-white listed species in the natural environment?
· Alternatively, development of a black list of species where intentional release into the natural environment is restricted (prohibited, unless permit is obtained).
o Should there be separate black lists for release into the natural environment and for contained holding?
o What species should be on a black list for intentional release into the natural environment?
§ Alien species (already present or not) threatening biodiversity, human health and economy
· What about populations, different varieties of species?
· What about sterile species?
o Where to start the black list?
o When should there be a risk assessment?
§ To add species/varieties to the black list
§ To remove species/varieties from the black list
§ To provide permits (incl. liability) to get a derogation from the black list
o Should unidentified species automatically be treated as a black list species?
o What will be the consequence of the presence of a black list species in the natural environment?
1.2.2 How to regulate contained holding of IAS?
Contained holding: cf. Habitats Directive (art 13-14, regulating Annex 4 species): "prohibit the keeping, transport and sale or exchange, and offering for sale or exchange of specimens of such species"
· Development of a black list for species where contained holding is restricted (prohibited, unless permit is obtained) - for all non-blacklisted species contained holding is not restricted.
o What species should be on a black list contained holding?
§ Alien species (already present or not) threatening biodiversity, human health and economy
· What about populations, different varieties of species?
· What about sterile species?
o Where to start the black list?
o When should there be a risk assessment? RA will be necessary to justify restrictions on import and trade without infringing the rules and disciplines of the WTO-agreements.
§ To add species/varieties to the black list
§ To remove species/varieties from the black list
§ To provide permits (incl. liability) to get a derogation from the black list
o Should unidentified species automatically be treated as a black list species?
o What will be the consequence of the presence of a black list species in the natural environment?
· Extra option: development of a white list for specific areas/habitats (e.g. outermost regions) with species where contained holding is not restricted – for all non-white listed species contained holding is restricted (prohibited, unless permit is obtained). In practice this means that in those areas, the black list for contained holding is extended to all species that are not on the white list for release into the natural environment.
o What species should be on a white list for contained holding for specific areas (e.g. outermost regions)?
§ (a) All species that are native and locally present in specific areas (e.g. outermost regions) and (b) all species that are alien or locally absent in those specific areas, but locally commonly used outdoor (agriculture, forestry, biofuel plantation, horticulture, restocking for hunting, planting for landscaping and erosion control, ornamental planting in parks, gardens, botanical gardens, along streets, on balconies, on green roofs, etc), that are not blacklisted, with liability provisions
· Which species to be listed individually and which species to be listed through a common definition?
· If species are to be listed individually: What about populations, different varieties of species? What about sterile varieties?
§ All species used in biological pest control in those specific areas that proved safe after risk assessment, with liability provisions
§ All species that are alien or locally absent in those specific areas, but locally commonly used indoor or under controlled conditions (pets, falconry species, animal husbandry species, fur species, terrarium and aquarium species, live food, live bait), that are not blacklisted, with registration requirement and liability provisions
§ All species that are alien or locally absent in those specific areas, but used in registered zoological or botanical gardens, with registration requirement and liability provisions
o When should there be a risk assessment?
§ To add individually listed species on the white list
§ To remove individually listed species from the white list
§ To provide permits (incl. liability) for non-white listed species
o How to organise liability?
o What will be the consequence of the presence of a non-white list species in those specific areas?
· Extra option: development of a white list with species from specific groups (e.g. reptiles) where contained holding is not restricted – for all non-white listed species contained holding is restricted (prohibited, unless permit is obtained). In practice this means that for those specific groups of species the black list for contained holding is extended to all species that are not on the white list for release into the natural environment.
o What species should be on those lists?
§ (a) All species from the species group that are native and locally present and (b) all species from the species group that are alien or locally absent, but locally commonly used outdoor (agriculture, forestry, biofuel plantation, horticulture, restocking for hunting), that are not blacklisted, with liability provisions
· Which species to be listed individually and which species to be listed through a common definition? If species are to be listed individually:
o What about populations, different varieties of species?
o What about sterile varieties?
§ All species from the species group used in biological pest control that proved safe after risk assessment, with liability provisions
§ All species from the species group that are alien or locally absent, but locally commonly used indoor or under controlled conditions (pets, falconry species, animal husbandry species, fur species, terrarium and aquarium species, live food, live bait), that are not blacklisted, with registration requirement and liability provisions
§ All species from the species group that are alien or locally absent, but used in registered zoological or botanical gardens, with registration requirement and liability provisions
o When should there be a risk assessment?
§ To add individually listed species on the white list
§ To remove individually listed species from the white list
§ To provide permits (incl. liability) for non-white listed species
o How to organise liability?
o What would be the consequence of the presence of a non-white list species in the natural environment?
Summary
· Scenario 1: white list for intentional release in the environment + black list for contained holding· Scenario 2: black list for intentional release in the environment + black list for contained holding
· Scenario 3: white list for intentional release in the environment + black list for contained holding + special regime for certain areas (ORs)
· Scenario 4: white list for release in the environment + black list for contained holding + special regime for certain groups of species (e.g. plants, mammals, reptiles)
· Scenario 5: white list for release in the environment + black list for contained holding + special regime for certain areas (ORs) + special regime for certain species
· Other scenarios…
1.2.3 How to anticipate future IAS-risks?
· Development of an alert list with potential invasive species not yet present locally but/or for which no risk assessment has yet been made
o What species should be on an alert list?
§ Alien species locally not yet present and elsewhere threatening biodiversity, human health and economy
· What about populations, different varieties of species?
o How do species get on the alert list?
§ Common quick screening / horizon scanning instrument
§ Basis: EPPO quick screening tool
o What will be the consequence of the observation of an alert list species?
§ Precautionary measures
Some additional questions that could be discussed by the Working Group· Lists of priority species to be organised at EU-level and/or per biogeographic region and/or at MS-level? Responsibilities at EU and MS-level?
· Enforcement to be organised at MS level? Requirements from the EU-level?
· Transitional measures (for those possessing illegal species) after lists enter into force?
· How to declassify species? (when they are no longer considered harmful or they are considered uncontrollable)
· Where are the conflicts of interests?
· Special arrangements for islands and/or outermost regions?
· How to build on the animal and plant health structures?
· Which MS can contribute their experiences?
· How to cooperate with border control, veterinary and phytosanitary services?
· How to organise cost recovery?