The EU Birds Directive (2009/147/EC) on the conservation of wild birds (concluded and in force since 1979) provides a framework for the conservation and management of wild bird populations in Europe, as well as general guidance on non-indigenous bird species. Article 11 of the Directive states that Member States shall ensure that the introduction of non-native bird species does not have adverse effects on local flora and fauna.
The EU Habitats Directive (92/43/EEC) on the conservation of natural habitats and of wild fauna and flora aims to conserve biodiversity in the Member States, providing a common framework for the conservation of wild flora and fauna and habitats of EU common interest. The Directive establishes an ecological network of protected areas, known as the 'Natura 2000' network. The Habitats Directive forms part of the implementation of the Convention on Biological Diversity (CBD) at European level. Article 22b states that Member States shall ensure that the deliberate introduction into the wild of any species which is not native to their territory is regulated so as not to prejudice natural habitats within their natural range or the wild native fauna and flora and, if they consider it necessary, prohibit such introduction.
Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein is the translation of the CITES Convention (Convention on International Trade in Endangered Species of Wild Fauna and Flora) into European legislation. This regulation was amended in 2003 by Regulation (EC) No. 1497/2003. However, CITES as a regulation is limited to intentional introductions as it is based on a system of consent. Article 4.6d of CITES-Regulation explicitly states that Europe can impose restrictions on countries of origin for species that have been shown to pose a threat to native fauna and flora. The species list in the annex is frequently updated.
4) Marine Strategy Framework Directive
The Marine Strategy Framework Directive (2008/56/EC) is the environmental pillar of the European Union's Integrated Maritime Policy (IMP; COM (2007) 575). The MSFD aims to achieve good environmental status (GES) of European marine waters by 2020 and to protect the resources on which economic and social activities depend. The GMT is defined in Article 9 of this Directive on the basis of 11 descriptors for which the Member States must develop indicators with associated environmental targets. Non-native species are specifically addressed by descriptor 2: 'Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems’ (see also Olenin et al. 2010). The criterion elements and methodological standards are described in Decision (EU) 2017/848. The national environmental targets regarding non-indigenous species are described in the Update of the Monitoring Programme for the Belgian Marine Waters: Marine Strategy Framework Directive - Art. 11.
5) Regulation (EC) nr. 708/2007
Regulation (EC) No 708/2007 concerning use of alien or locally absent species in aquaculture aims to assess and minimise the possible impact of these species (and of non-target species living in the same ecosystem) on aquatic habitats in order to contribute to the sustainable development of the sector.
The Regulation (EU) No 1143/2014 on the prevention and control of the introduction and spread of invasive alien species (IAS Regulation) is based on a three-level hierarchical approach (prevention; early detection and rapid eradication; management of widespread invasive species) and applies to terrestrial, aquatic and marine species. As such, this regulation implements 'Target 6' of the Kunming-Montreal Global Biodiversity Framework (see Global policy framework) and the 9th key commitment of the EU Biodiversity Strategy 2030, aiming for a 50% reduction in the number of Red List species threatened by invasive alien species.
A Union list of priority species is established under this Regulation. These species are subject to restrictions on keeping, importing, selling, breeding and cultivation. Member States must take measures on the vectors of introduction, take measures for the early detection and rapid eradication of these species, and manage species that are already widespread in their territory. The first Union list was published in 2016, and has been revised several times (consolidated version).
The implementation of this regulation at the national level is a cross-cutting issue (federal and regional authorities) that is regulated through the IAS Cooperation Agreement (see National policy framework). In this context, three entities have been established in Belgium:
- The Scientific Council for IAS, consisting of scientific experts who advise the National Committee for IAS;
- The National Committee for IAS, composed of decision-makers who develop and adopt the position of Belgium on the Union list and its update (Belgium's position is then shared with the other Member States within the EU Committee for IAS)
- The National Scientific Secretariat for IAS, which supports the Scientific Council in answering questions from the National Committee for IAS. The secretariat was also responsible for the publication of the Union list species of interest to Belgium.
7) EU Biodiversity Strategy 2030
Document: 2020
The EU Biodiversity Strategy for 2030 (COM (2020) 380) contains specific commitments and actions to be implemented by 2030. These include the creation of a wider EU-wide network of protected areas on land and at sea, the establishment of an EU nature restoration plan and measures to address the global loss of biodiversity. The Biodiversity Strategy recognises the problem of invasive alien species and sets the goal of managing established invasive alien species and reducing the number of Red List species they threaten by 50%.