2454 final report.pdf - Agra CEAS Consulting

Evaluation of the Community Plant Health Regime: Final Report
DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)
Within the EU, since 2003, the development of a European Strategy on IAS has been
coordinated by the Bern Convention 57 . Following this work, the development of Community
legislation for Invasive Species (IS) is currently under way, in particular COM(2008)789final 58
and the background impact assessment 59 , and its follow up in the context of the Council
Conclusions of 25 June 2009, the opinions of the European Economic and Social Committee of
11 June 2009 and 22 June 2009, and the Recommendations and assessments of policy options of
the IEEP. A new strategy aiming at preventing the entry, establishment and spread of IS is to be
developed by the Commission in 2011 and MS and stakeholders will be invited to provide their
views during its development.
One of the options examined in this context 60 is maximising the use of existing legal instruments
(together with voluntary measures), and adapting existing legislation (including Directive
2000/29/EC). Another option being examined is developing a comprehensive dedicated EU legal
instrument, although this could be considered as a complementary instrument (to cover the wider
range of IS).
The definition pursued in the Commission‘s IS strategy covers the entire spectrum of invasive
species following the CBD definition (i.e. any impact in terms of biodiversity), whereas the
required clarification of plant health rules on IAS concerns a relatively narrow category within
this spectrum. It would appear therefore that complementary legislation to cover the full
spectrum of IS might be needed, in which case it is important to ensure that any other
Community legislation touching on IAS (such as a clarified scope for Directive 2000/29/EC) and
such broader legislation should be consistent with each other. Several MS have already
expressed the view at COPHs meetings that IAS included in the scope of the IPPC should be
covered by the CPHR rather than being left only to IS specific legislation. Close coordination
between DG ENV and DG SANCO is therefore required on this to ensure coherence and
complementarity and to avoid any potential duplication.
The development of a European Strategy on IAS will aim at filling the gaps and establishing a
common approach in the EU, where despite the coordination efforts since 2003 under the Bern
Convention, there is considerable variation between MS in the regulatory approach to IAS.
57
The Bern Convention (Convention on the Conservation of European Wildlife and Natural Habitats) created in
1992 a specialised "Group of Experts on Invasive Alien Species". The group collected and analysed different
national laws dealing with invasive species and proposed work aimed at the harmonisation of national regulations on
introduced species, particularly on the fields of definitions, territorial scope of regulation, listing of species whose
introduction is undesirable, identification of authorities responsible for permits, conditions for issuing such permits
and control involved. One of the main products of the Group was the European Strategy on IAS (Convention
Standing Committee 23rd meeting, Strasbourg, December 2003T-PVS (2003) 7 revised).
58 Communication from the Commission to the Council, the European Parliament, the European Economic and
Social Committee and the Committee of the Regions towards an EU strategy on Invasive Species, Brussels,
3.12.2008, COM(2008) 789 final.
59 SEC(2008) 2887, Brussels, 3.12.2008.
60 An external study to examine the options has been recently launched by DG ENV (January 2010).
Food Chain Evaluation Consortium 53