development of a german national strategy on ias

23. September 2003

Research Center for Nature Conservation PolicyCo-ordination: Dr. Christiane Hubo

Georg-August-University of Göttingen

Development of a German National Strategy on IAS

Presentation on the conference

„Invasive Alien Species and the International Plant Protection Convention: An expert consultation of phytosanitary and environmental protection agencies“

Braunschweig, Germany, 22-26 September 2003

23. September 2003

Development of a German National Strategy on IAS 2


Contens1. General overview:

How to develop a national strategy on IAS(Christiane Hubo)

2. Elements of the German national strategy(Christiane Hubo)

3. Focal points of legal problems(Arthur Steinmann)

23. September 2003



Basics for the development of a

national strategy on IAS

Research project on behalf of the German Federal Agency for Nature Conservation

ByGeorge August University of Göttingen

Research Centre for Nature Conservation Policy

Instiutions: Institute for Forest Policy and Nature ConservationCentre for Nature Conservation, Department of BiologyInstitute for International Law, Department of International Economic LawInstitute for Agricultural Economics, Dep. of Environm. and Resource Economics

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1. How to develop a national strategy on

IAS The political background Situation analysis Evaluation of the action need Proposals for improvement

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Characteristics of the policy

The policy on IAS spreads several across political sectors All political levels are concerned Different national actors and non-governmental participants

are involved There are various regulations and instruments, which are

predominantly not coordinated among each-other.

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Policy actors on IASSector Agency NGO Citizen Media Science

Nature Conservation I-1 II-1 III-1 IV-1 V-1

Agriculture I-2 II-2 III-2 IV-2 V-2

Forestry I-3 II-3 III-3 IV-3 V-3

Hunting I-4 II-4 III-4 IV-4 V-4

Fishery I-5 II-5 III-5 IV-5 V-5

Water management I-6 II-6 III-6 IV-6 V-6

Road construction I-7 II-7 III-7 IV-7 V-7

Green areas I-8 II-8 III-8 IV-8 V-8

Tourism I-9 II-9 III-9 IV-9 V-9

Traffic I-10 II-10 III-10 IV-10 V-10

Im- and export I-11 II-11 III-11 IV-11 V-11

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Requirements on the development

of a national strategy A coordinated procedure has to be developed in order to

use existing resources effectively The strategy is to be developed in a political tuning

process The strategy will be developed among leadership of the

Federal Ministry of Environment

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Political goals of the national strategy

Development of a concept for the ecosystem spanned protection against IAS

Harmonization of the basis conditions for a better co-operation of the involved actors and the coordination of the measures

Involvment of the relevant national and non-governmental participants

Implementation of the international and European guidelines

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Analysis and evaluationof the valid legal, political, ecological and economical

basic conditions and framework

The invasion problems in GermanyThe main spreading ways to and from Germany

The national and international legal, economical and informational instruments, Examination of their effectiveness and coherency

The national actors and non-governmental participants, Competencies and cooperations,Interests and goals (conflicts/consensus),Enforcement potentials (legal positions, expert knowledge, resources)

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Proposals for improvement

Definition of competencies, National and international cooperation Optimization and coordination of the measures.

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2. Elements of the German national

strategy

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Ecological and economical basis and evaluationa) Overview of the invasion problem in Germany

General overview Overview of existing data on invasive alien organism species in Germany Description and analysis of the main spreading ways to Germany Description and analysis of the main spreading ways from Germany Commentated bibliography on ecological damage by neobiota in Germany Evaluation of ´completed and current research and development projects on IAS

h) Need for research Commentated list of the research projects and research results Requirements for monitoring Quantification of ecological damage

i) Cost-benefits-estimations Overview of studies about cost-benefits-estimations to combat IAS and of calculation

approaches and methods for economical follow-up costs and evaluations concerning Central Europe.

Overview of the combat of species with details about the success and the circumstances (who, when, where, what).

23. September 2003



Political and legal basis and evaluationb) Definitions of Neobiota

Synopsis and Analysis of the definitions - used in national and international documents- and their effect on the practical application of the laws.

c) Actors in GermanyOverview of the actors, their authorities, competencies, cooperations,Analysis of the problems and options for new organisation.

d) Legal situation in GermanyOverview of the relevant national and international regulations,analysis of their effectiveness and shortcomings, definition of the fields where action is needed.

e) Comparison with national strategies of other countriesOverview, analysis and evaluation concerning their applicability and need for action in Germany.

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Solution approachesf) Approaches and options for action

Analysis of the IAS principles of the CBD and of the European strategy of the Bern Convention regarding the legal and political implementation in Germany

Proposals for measures on prevention and management (control, combat) Criteria for the harming and danger effect as basis of the nature conservation

evaluation Regulation of authorities and competencies, possibilities of the coordination

g) Not-native origins of domestic species Evaluation of the problem and solution proposals

j) Cooperation and information exchange with neighboring states Options for control and coordination of the spreading from Germany Suggestions for information exchange on international level, maybe a central

German data collection on IAS

k) Education and public relation Concept for target group-differentiated public work and education

23. September 2003



l) Draft of a national strategy on IAS

1. Problem analysisResults of the analysis fields politics, law, ecology and economics

2. Action needHarmonization of the legal and political basic conditionsImplementation of international and European guidelines

3. CompetenciesAuthorities, competencies, participation of national and non-governmental actors

4. Priorities with time goalsProposals for the necessary steps in detail

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3. Focal points of legal problems

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Legal basis, juridical and political evaluation

b) Definitions of NeobiotaSynopsis and Analysis of the definitions

- used in national and international documents- and their effect on the practical application of the laws.

d) Legal situation in GermanyOverview of the relevant national and international regulations,analysis of their effectiveness and shortcomings, definition of the fields where action is needed.

e) Comparison with national strategies of other countriesOverview, analysis and evaluation concerning their applicability and need for action in Germany.

23. September 2003



Legal evaluation – definitions in German lawCentral law on the issue: § 41 and § 10 of the German Law on Nature Conservation (BNatSchG)

- newly drafted, in force since April 2003- defines „native“ and „non-native“ species- „non-native“ species: a species that has not occurred in the relevant region

during the last 100 years

Problematic in cases of re-introduction of species that are held to be „native“ to German regions, but that have been extinct for the last 100 years.

Present work with the Federal Agency for Nature Conservation (BfN) on a new

proposal for the definition of „native“ species, excluding the 100-year time-frame.

23. September 2003



Legal evaluation - status-quo in Germany (d)

Legal situation in Germany on IAS is fragmented –

The central law governing IAS is the BNatSchG, as well as the coresponding nature conservation laws of the Länder.

Apart from that there are many federal, as well as Länder-laws that are relevant for the issue, such as the laws on

- Forestry- Hunting, Fisheries- Animal and plant protection,- Waste Management, ...

23. September 2003




Legal instruments used in German law: a) Prohibitionb) Prohibition with possibility of grant upon application

§ 41 BNatSchG: prohibition with possibility of grant

requirement for state (Länder) laws to include a general prohibition on the intentional introduction of IAS with possibility of grant upon application

However, exceptions from the applicability of the instrument for species forAgricultural use, and Native species that fall under hunting or fisheries legislation

23. September 2003




Problems:a) Conflict between different legal regimes

(e.g. hunting NatSchG), more than one grant necessary for introduction of species

b) Conflict between different federal / länder authoritiesAuthoritiy to frant introduction by which agency ? Transparency?Different actors? actor analysis

c) Different authorities for different „uses“in different „territories“?Agricultural usePrivate use

23. September 2003



Legal evaluation – status-quo in Germany (d)

Analysis of German international legal obligations

Apart for German law, influence of European and International legal documents must be analyzed.

IAS is referred to in multiple conventions, such as

CBD, UNCLOS, Bern, RAMSAR, IPPC, CITES,...

No specific obligation to impose a certain régime.

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Legal evaluation – comparison with other national strategies (e)

Analysis of different national strategies, such as

- USA- New Zealand- Canada ?

However, applicability of these strategies might be limited, as the specifics of each environment differs.

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Legal evaluation – the definition issue (b)

Compilation of relevant international, European and national legal documents

No clear definition of „alien“ or „invasive“ species As for „alien“ species

- often referred to in international documents, also referred to as „foreign“ or „new“ species

- definitions are seldomly given, or are very broad CBD: wide definition, including all species and lower taxons that are

“introduced outside [their] past or present distribution”

As for „invasive“ species- even greater lack of clarity, no definitions given in most international docs CBD guiding principles: „species whose introduction threaten biodiversity”

development of a german national strategy on ias

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