Regulation (EC) No 708/2007 is hereby amended as follows:

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’, or the corresponding adjective, and any grammatical adjustments needed as a consequence of this replacement shall be made;

Article 2 is amended as follows:

in paragraph 5, the first sentence is replaced by the following:

‘5. This Regulation, except for Article 3, Article 4(1) and Article 4(2)(a), shall not apply to the species listed in Annex IV.’;

paragraph 7 is replaced by the following:

‘7. Chapters III to VI shall not apply to movements of alien or locally absent species to be held in closed aquaculture facilities, provided that the transport is carried out under conditions that prevent the escape of those species and of the non-target species.

Member States shall draw up a list of closed aquaculture facilities in their territory that comply with the definition in Article 3(3) and update that list regularly. By 25 October 2011, the list shall be published on the website set up in accordance with Article 4(2) of Commission Regulation (EC) No 535/2008 ( *1 ) which lays down detailed rules for the implementation of this Regulation.

( *1 ) OJ L 156, 14.6.2008, p. 6 .’;"

Article 3 is amended as follows:

point 3 is replaced by the following:

“Closed aquaculture facility” means a land-based facility:

where:

aquaculture is conducted in an aquatic medium which involves recirculation of water; and

discharges do not connect in any way to open waters before screening and filtering or percolation and treatment to prevent the release of solid waste into the aquatic environment and the escape from the facility of farmed species and non-target species that might survive and subsequently reproduce;

and which:

prevents losses of reared specimens or non-target species and other biological material, including pathogens, due to factors such as predators (e.g. birds) and flooding (e.g. the facility must be situated at a safe distance from open waters following a proper assessment made by the competent authorities);

prevents, in a reasonable way, losses of reared specimens or non-target species and other biological material, including pathogens, due to theft and vandalism; and

ensures appropriate disposal of dead organisms;’;

point 16 is replaced by the following:

“routine movement” means the movement of aquatic organisms from a source which has a low risk of transferring non-target species and which, on account of the characteristics of the aquatic organisms and/or the method of aquaculture to be used, does not give rise to adverse ecological effects;’;

in Article 4, the existing paragraph is numbered as ‘1’ and the following paragraph is added:

‘2. The competent authorities in the Member States shall monitor and supervise aquaculture activities so as to ensure that:

closed aquaculture facilities comply with the requirements laid down in Article 3(3); and

transport from or to closed aquaculture facilities takes place in conditions that are such as to prevent the escape of alien or non-target species.’;

Article 14 is replaced by the following:

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