Development of a German National Strategy on IAS

1. 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

2. Contens • General overview: How to develop a national strategy on IAS(Christiane Hubo) • Elements of the German national strategy(Christiane Hubo) • Focal points of legal problems(Arthur Steinmann) Development of a German National Strategy on IAS

3. Basics for the development of a national strategy on IASResearch project on behalf of the German Federal Agency for Nature Conservation By George August University of GöttingenResearch 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 Development of a German National Strategy on IAS

4. 1. How to develop a national strategy on IAS • The political background • Situation analysis • Evaluation of the action need • Proposals for improvement Development of a German National Strategy on IAS

5. 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. Development of a German National Strategy on IAS

6. Policy actors on IAS Development of a German National Strategy on IAS

7. 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 leadershipof the Federal Ministry of Environment Development of a German National Strategy on IAS

8. 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 Development of a German National Strategy on IAS

9. Analysis and evaluation of 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) Development of a German National Strategy on IAS

10. Proposals for improvement • Definition of competencies, • National and international cooperation • Optimization and coordination of the measures. Development of a German National Strategy on IAS

11. 2. Elements of the German national strategy Development of a German National Strategy on IAS

12. Ecological and economical basis and evaluation a) 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 • Need for research • Commentated list of the research projects and research results • Requirements for monitoring • Quantification of ecological damage • 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). Development of a German National Strategy on IAS

13. Political and legal basis and evaluation • Definitions of NeobiotaSynopsis and Analysis of the definitions - used in national and international documents- and their effect on the practical application of the laws. • Actors in GermanyOverview of the actors, their authorities, competencies, cooperations,Analysis of the problems and options for new organisation. • 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. • Comparison with national strategies of other countriesOverview, analysis and evaluation concerning their applicability and need for action in Germany. Development of a German National Strategy on IAS

14. Solution approaches f) 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 Development of a German National Strategy on IAS

15. l) Draft of a national strategy on IAS • Problem analysis Results of the analysis fields politics, law, ecology and economics • Action need Harmonization of the legal and political basic conditions Implementation of international and European guidelines • Competencies Authorities, competencies, participation of national and non-governmental actors • Priorities with time goals Proposals for the necessary steps in detail Development of a German National Strategy on IAS

16. 3. Focal points of legal problems Development of a German National Strategy on IAS

17. Legal basis, juridical and political evaluation • Definitions of NeobiotaSynopsis and Analysis of the definitions - used in national and international documents- and their effect on the practical application of the laws. • 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. • Comparison with national strategies of other countriesOverview, analysis and evaluation concerning their applicability and need for action in Germany. Development of a German National Strategy on IAS

18. Legal evaluation – definitions in German law Central 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. Development of a German National Strategy on IAS

19. 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, ... Development of a German National Strategy on IAS

20. Legal evaluation - status-quo in Germany (d) Legal instruments used in German law: • Prohibition • 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 for Agricultural use, and Native species that fall under hunting or fisheries legislation Development of a German National Strategy on IAS

21. Legal evaluation - status-quo in Germany (d) 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 authorities Authoritiy to frant introduction by which agency ? Transparency? Different actors?  actor analysis c) Different authorities for different „uses“in different „territories“? Agricultural use Private use Development of a German National Strategy on IAS

22. 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. Development of a German National Strategy on IAS

23. 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. Development of a German National Strategy on IAS

24. 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