Decree No. 11 / 2022 Coll.
Ordinance on the establishment of formalities and the processing of contingency plans for the regulation of alien and locally absent species in aquaculture and invasive non-indigenous species on the Union list
Valid
Effective from 01.02.2022
11
DECLARATION
of 18 January 2022
laying down the formalities and arrangements for the preparation of the contingency plan for the regulation of alien and locally absent species in aquaculture and invasive non-indigenous species on the Union list
The Ministry of the Environment provides pursuant to § 13a (7) and § 13d (1) of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 364 / 2021 Coll.:
Subject matter
This decree regulates, in the light of the provisions directly applicable to the European Union1) the formalities and arrangements for the preparation of contingency plans drawn up for:
(a) the exceptional movement and experimental release of alien and locally absent species in aquaculture pursuant to Article 17 of Council Regulation (EC) No 708 / 2007; and
(b) the use of invasive non-indigenous species on the Union list referred to in Article 8 (1) (f) and Article 9 (4) (h) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.
Definition of terms
For the purposes of this decree:
(a) the escape from the release of aquaculture individuals or facilities, whether or not they have occurred spontaneously or as a result of the conduct of the person authorised to handle them or of other persons;
(b) the extension of the establishment of escaped individuals of a species in a particular territory or ecosystem in which their continued survival and reproduction are not excluded.
Emergency plan for alien and locally absent species in aquaculture
(1) The requirements of the contingency plan for alien and locally absent species in aquaculture are set out in Annex 1 to this Regulation, the contingency plan for alien and locally absent species in aquaculture is processed in a structure corresponding to that Annex.
(2) The processing of contingency plans for foreign and locally absent species in aquaculture shall be based in particular on:
(a) the latest available scientific knowledge on the biology and ecology of the species concerned and, where possible, from expert consultations with scientific authorities and fisheries experts for the species and use in question;
(b) experience of previous cases of exceptional movements and of the experimental release of the species;
(c) expertise of the Advisory Commission on European Inland Fisheries (EIFAC) for the species concerned, if available; or
(d) available information on the presence of vulnerable or endangered species and habitats in the area of exceptional movements and the experimental release of the alien and locally absent species, provided in particular by the competent nature conservation authorities and scientific authorities.
Emergency plan for invasive non-indigenous species on the Union list
(1) The requirements of the contingency plan for invasive non-indigenous species on the Union list are set out in Annex 2 to this Decree, the contingency plan for invasive non-indigenous species on the Union list is processed in a structure corresponding to this Annex.
(2) The preparation of the contingency plan for invasive non-indigenous species on the Union list shall be based in particular on:
(a) the latest available scientific knowledge on biology, ecology and methods of regulation of the species and, where possible, from expert consultations with scientific authorities for the species and its use;
(b) experience in previous cases of the application of escape measures and the eradication of the species concerned;
(c) the principles of regulation in the case of invasive non-indigenous species on the Union list for which they have been adopted;
(d) the risk assessment referred to in Article 5 of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council and other information available on the European Commission website for invasive non-indigenous species on the Union list;
(e) information on an invasion of a non-indigenous species on the Union list published on the website of the Nature Protection Agency of the Czech Republic; or
(f) available information on the presence on the Union list of vulnerable or endangered species and habitats in the vicinity concerned by the possible escape and extension of the invasive non-indigenous species concerned, provided in particular by the competent nature conservation authorities and scientific authorities.
Common provisions
(1) The contingency plan for alien and locally absent species in aquaculture and the contingency plan for invasive non-indigenous species on the Union list shall be processed in paper or electronic form.
(2) The contingency plan for foreign and locally absent species in aquaculture can be processed by means of an electronic form available on the website of the Czech Nature and Landscape Agency or the relevant administration of the national park.
(3) The contingency plan for invasive non-indigenous species on the Union list can be processed by means of an electronic form available on the Ministry of the Environment website.
Efficacy
This decree shall take effect on the first day of the calendar month following its publication.
Minister:
Ing. Bc. Hubáčková v. r.
Příloha č. 1
Annex No 1 to Decree No 11 / 2022 Coll.
Forms of contingency plan for alien and locally absent species in aquaculture
All attached documents shall bear the applicant's name or name (s)
1. Applicant for the authorisation of exceptional movements and experimental release of foreign and locally absent species in aquaculture
1.1. Name or business name if the authorisation is to be held by a natural person incorporated in the business register, name or business name and legal form, if the authorisation is to be held by a legal person
1.2. Address of the seat
1.3. IČO if allocated
1.4. Data clipboard identifier
For natural persons:
1.5. Address of residence
1.6. Address for delivery if different from the address of the place of stay
1.7. Telephone number
1.8. E-mail address
2. Members of the statutory body (for legal persons)
2.1. Name, function
2.2. Address of residence
2.3. Address for delivery if different from the address of the place of stay
2.4. Telephone number
2.5. E-mail address
3. Person responsible for the contingency plan
3.1. Name, function
3.2. Address of residence
3.3. Address for delivery if different from the address of the place of stay
3.4. Telephone number
3.5. Address of e-mail
4. Identification of the place of exceptional movement or experimental release of foreign and locally absent species in aquaculture
4.1. Exact designation of the land or, where applicable, of the land intended for the exceptional movement or experimental release with a parcustoms number indicating the cadastral territory, including a map of the land on the scale of the cadastral map or, where appropriate, of the land with a precise indication of the location of aquaculture
4.2. Description and map of the habitat and ecosystem in the area of exceptional movements or experimental releases and description of the state of protection of the recipient environment, with emphasis on species or ecosystems for which exceptional movements or experimental releases may pose a risk
5. Definition of foreign and locally absent species in aquaculture
5.1. Definition of species intended for exceptional movement or experimental release (scientific and general name of species indicating genus, species, subspecies or, where appropriate, lower taxonomic classification)
5.2. Initial number of organisms intended for exceptional movement or experimental release and their estimated maximum final number
5.3. Identified non-target species associated with the stock from which an exceptional transfer or experimental release has been carried out, for which there is a risk of spread along with a foreign and locally absent species in aquaculture intended for exceptional movement or experimental release (scientific and general name of species indicating the genus, species, subspecies or, where appropriate, lower taxonomic classification)
6. Description of possible adverse environmental or indigenous events
6.1. Description of biological risks associated with the presence of alien or locally absent species in aquaculture in the area of exceptional movements or experimental discharges
6.1.1. Identified vulnerable or endangered species and habitats in the area of exceptional movement or experimental release and a brief description of risks
6.1.2. Other possible adverse effects on the environment
6.1.3. Options for survival and settlement of alien or locally absent species in aquaculture in case of leakage, speed of spread
6.2. Identification of ways to escape and spread
6.3. Risks associated with potential leakage or spread of non-target species
6.4. Determination of criteria for activation of the contingency plan, in particular recorded leakage or spread outside the area of exceptional movement or experimental release, reaching an excessive number of individuals in aquaculture, detection of non-target species
7. Monitoring for possible adverse effects on the environment and indigenous species in the area of exceptional movement or experimental release
7.1. Area to be monitored
7.2. Monitoring methodology and parameters or values monitored, monitoring interval
7.3. Monitoring body [in accordance with Article 18.1 of Council Regulation (EC) No 708 / 2007]
8. Preventive measures
8.1. Summary of preventive measures as set out in the Annex I Section G (2) of Council Regulation (EC) No 708 / 2007
9. Measures for the detection of adverse effects on the environment and indigenous species
9.1. Measures to reduce or eliminate the density of a species from aquaculture in case of identified adverse effects on the environment or indigenous species
9.2. Measures to escape or spread from aquaculture to non-target territory / ecosystem
9.3. Measures for the detection of non-target species
9.4. Technical equipment for the implementation of the contingency plan including indication of its quantity and location of its storage
9.5. Contact with the nature conservation authority or expert advisor for the provision of expert expertise in the event of an emergency and other stakeholders concerned (authority of the state administration of fisheries, users of neighbouring fishing areas, etc.)
9.6. Staff and organisational arrangements for the implementation of the measures, contact person (s) that can be contacted if adverse environmental effects are detected, availability of contact persons and their familiarity with the contingency plan
9.7. Other measures to implement the contingency plan (financial collateral, etc.)
9.8. Ensuring follow-up monitoring after the emergency plan
10. Record keeping
10.1. Reporting of events requiring the application of the contingency plan, with a record of the measures taken
10.2. Frequency of evaluation of the contingency plan and record keeping of the outcome of the evaluation and possible update of the contingency plan
11. Annexes
- map documents
- list of resources used in the preparation of the contingency plan
Příloha č. 2
Annex No 2 to Decree No 11 / 2022 Coll.
Requirements for the contingency plan for invasive non-indigenous species on the Union list
All attached documents shall bear the applicant's name or name (s)
1. Applicant for authorisation to use invasive non-indigenous species on the Union list
1.1. Name or business name if the authorisation is to be held by a natural person incorporated in the business register, name or business name and legal form, if the authorisation is to be held by a legal person
1.2. Address of the seat
1.3. IČO if allocated
1.4. Data clipboard identifier
For natural persons:
1.5. Address of residence
1.6. Address for delivery if different from the address of the place of stay
1.7. Telephone number
1.8. E-mail address
2. Members of the statutory body (for legal persons)
2.1. Name, function
2.2. Address of residence
2.3. Address for delivery if different from the address of the place of stay
2.4. Telephone number
2.5. E-mail address
3. The person responsible for the contingency plan and the solution for the release of invasive non-indigenous species on the Union list
3.1. Name, function
3.2. Address of residence
3.3. Address for delivery if different from the address of the place of stay
3.4. Telephone number
3.5. Address of e-mail
4. Identification of equipment for the use of invasive non-indigenous species on the Union list
4.1. Exact designation of the land or, where applicable, of the land on which the installation for the possession of an invasive non-indigenous species is located on the Union list, with a parcustoms number indicating the cadastral territory, including, where applicable, the number of the descriptive or registered building or buildings, if the installation for the possession of an invasive non-indigenous species on the Union list
4.2. Map indicating the land and objects or areas in which the invading non-indigenous species is held on the Union list
4.3. A plan of facilities or workplaces identifying sites relevant for limiting the consequences of leakage, in particular the exact location of areas of invasive non-indigenous species on the Union list (cages, pens, etc.) and the location of technical equipment for use in case of leakage
5. Use and transport of invasive non-indigenous species on the Union list
5.1. Definition of invasive non-indigenous species on the Union list (scientific and general name of species with indication of genus, species, subspecies or, where appropriate, lower taxonomic classification)
5.2. Number or volume of individuals of invasive non-indigenous species on the Union list held in the establishment
5.3. Method of marking and registration for individuals of invasive non-indigenous species
5.4. Maximum target number or volume of invading non-indigenous species on the Union list held in the installation during use
5.5. Purpose of the use of invasive non-indigenous species on the Union list in the establishment
5.6. Means of transport of invasive non-indigenous species on the Union list to and from establishments
5.7. Means of transport of invasive non-indigenous species on the Union list within the establishment
6. Identification of risks of the release of invasive non-indigenous species on the Union list
6.1. Identification of the risk of leakage with respect to a particular species, its biology and the way of spreading invasive non-indigenous species on the Union list
6.2. Identification of specific ways of possible leakage of invasive non-indigenous species on the Union list (especially in waste management, ventilation, technical failure on equipment, leak protection damage, non-compliance with working practices)
7. Description of the possible consequences of the release of invasive non-indigenous species on the Union list of establishments for human and animal health, the environment and biodiversity, including ways of detecting and protecting them effectively
7.1. A brief description of the biological risks associated with the invasive non-indigenous species on the Union list, including the risk of survival in the Czech Republic, methods and speed of spread
7.2. Identified vulnerable or endangered species and habitats in the vicinity of an installation likely to be endangered in the event of the release and spread of invasive non-indigenous species on the Union list
8. Monitoring of possible escape of invasive non-indigenous species on the Union list
8.1. Methods of monitoring invasive non-indigenous species on the Union list of installations
8.2. Methodology to monitor possible leakage or spread of invasive non-indigenous species on the Union list around the facility
8.3. Person responsible for monitoring
9. Prevention of leakage and spread of invasive non-indigenous species on the Union list from the facility
9.1. Description of the measures to prevent the release and spread of invasive non-indigenous species on the Union list during its use
9.1.1. Identification of responsible persons, their roles, contacts
9.1.2. Description of the continuous supervisory system referred to in Article 8 (2) (f) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council
9.1.3. Technical measures against the leakage and spread of invasive non-indigenous species on the Union list held in the establishment
9.1.4. Personnel provision against the release and spread of invasive non-indigenous species on the Union list (in particular the qualifications and training of persons handling individuals of invasive non-indigenous species on the Union list used in the establishment)
9.1.5. Organisational measures against the leakage and spread of invasive alien species on the Union list held in the establishment, in particular a description of the procedures for cleaning and maintenance of facilities and waste management ensuring that no individuals or parts of them that may reproduce, escape from the establishment, extend or be removed by persons not authorised under Article 8 (3) (b) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council
9.1.6. Measures against the release and spread on the Union list of invasive non-indigenous species during its use for the activities referred to in Article 8 (1) or authorised in accordance with Article 9 of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council
9.1.7. Measures to prevent the release and spread of invasive non-indigenous species on the Union list when transporting them to and from establishments
9.1.8. Measures to prevent the release and spread of invasive non-indigenous species on the Union list when it is disposed of
9.1.9. Measures against the release and spread of invasive non-indigenous species on the Union list for its transport and handling within the facility
9.2. Description of the risks in the security of individuals in the installation against leakage and spread - identification of potential leakage and identification of measures by identified risks
9.3. Determination of criteria for activation of the contingency plan
10. Procedure in case of leakage of invasive non-indigenous species on the Union list or its extension
10.1. A plan for eradication in the event of detection of an invasion of an alien species on the Union list or its extension as referred to in Article 8 (2) (f) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, a description of appropriate methods and procedures to eliminate or eradicate escaped individuals, information or interaction with the competent nature conservation authority and other bodies, etc.
10.2. Technical equipment for the implementation of the contingency plan (cages, nets, rendering equipment, etc.), including indicating its quantity and location
10.3. Staff and organisational arrangements for the implementation of the contingency plan, contact person (s) that can be contacted in case of detection or dissemination of species, availability of contact persons and their familiarity with the contingency plan
10.4. Contact with the nature conservation authority, expert advisor for the provision of expert expertise in case of emergency or other relevant bodies (competent county veterinary administration, owners of neighbouring land, etc.)
10.5. Method of notifying the nature authority in the event of an invasion of a non-indigenous species on the Union list
10.6. Other measures to implement the contingency plan (financial collateral, etc.)
10.7. Provision of follow-up monitoring after implementation of the contingency plan
11. Record keeping
11.1. Keeping records of cases of invasion of non-indigenous species on the Union list, with records of measures taken
11.2. Frequency of regular evaluation of the contingency plan and record keeping of results of regular and exceptional evaluation of the contingency plan and its possible update
12. Annexes
- map documents
- list of resources used in the preparation of the contingency plan
1) Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and control of the introduction or introduction and spread of invasive alien species, as amended. Council Regulation (EC) No 708 / 2007 of 11 June 2007 on the use of alien and locally absent species in aquaculture, as amended.
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Regulation Information
| Citation | Decree No. 11 / 2022 Coll., laying down the formalities and arrangements for the preparation of the contingency plan in the field of the regulation of foreign and locally absent species in aquaculture and invasive non-indigenous species on the Union list |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.01.2022 |
|---|---|
| Effective from | 01.02.2022 |
| Effective until | - |
| Status | Valid |
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