4.4.2011 Official Journal of the European Union L 881 (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 EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof, Having regard to the proposal from the European Commission, Having regard to the opinions of the European Economic and Social Committee (1), After transmission of the draft legislative act to the national parliaments, Acting in accordance with the ordinary legislative procedure (2), Whereas: 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. () OJ C 354, 28.12.2010, p. 88, and O] C 51, 17.2.2011, p. 80. (3) Position of the European Parliament of 23 November 2010 (not yet published in the Official Journal) and decision of the Council of 21 February 2011. () O] L 168, 28.6.2007, p. 1. (2) The Community-funded concerted action, entitled ‘Envi- 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 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. Intro- ductions and translocations for use in closed aquaculture facilities should only be exempted from the permit requirement if those conditions are met. It is therefore necessary to amend 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 aqua- 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 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (¥). Following these amendments 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 L () O] L 156, 14.6.2008, p. 6.