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National policy framework

1) MMM law

In Belgium, the law of 11 December 2022 for the protection of the marine environment and the organisation of marine spatial planning in the Belgian marine areas (Marine Environment Law or MMM law) prohibits the deliberate introduction of non-indigenous species into the marine areas under the jurisdiction of Belgium without a permit obtained for this purpose (Article 15). This permit can only be granted after examining the impact of the introduction into the marine environment of the organisms in question on the indigenous biota and communities and the risks of dispersal in adjacent areas. The release should not affect local biota. A permit can only be granted in accordance with the IAS Regulation (EU) nr. 1143/2014 (see European Policy Framework). This law provides that national measures concerning invasive alien species must always be taken in accordance with the IUS Cooperation Agreement.

 

2) Decree on marine species

The Royal Decree of 21 December 2001 on the protection of species in marine areas under Belgian jurisdiction subjects any introduction of non-native organisms or translocation of locally absent species to a permit (Chapter VII, Articles 13-17). 

 

3) MSFD Decree

The Royal Decree of 23 June 2010 on the marine strategy for the Belgian marine areas is the national implementation of the European Marine Strategy Framework Directive (MSFD, 2008/56/EC). 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. This regulation states that the anthropogenic introduction of non-indigenous species must be at a level that does not adversely affect the environment (see also Olenin et al. 2010). The national measures and monitoring activities related to descriptor 2 are described in the respective Programme of Measures for the Belgian Marine Waters (2022) and the Updated Monitoring Programme for the Belgian Marine Waters (2020) (for more information, see Introduced Non-Indigenous Marine Species: Impact and Overarching Policy Approach).

 

4) IAS-Cooperation Agreement

The Cooperation Agreement of 30 January 2019 between the Federal State, the Communities and the Regions on the prevention and control of the introduction and spread of invasive alien species entered into force on 16 July 2020 (i.e. Law of 16 June 2019) and should ensure the correct implementation of the IAS Regulation (EU) No 1143/2014 (see European Policy Framework). Most provisions of the IAS Regulation require cooperation and coordination between different federal and regional authorities.

Furthermore, it is essential to ensure a scientific view of the issue at the Belgian level in order to pursue a coherent policy on invasive alien species. In order to meet the above objectives, this cooperation agreement provides for the establishment of a National Committee, a National Scientific Council and a National Secretariat for AIS. 

 

5) Royal Decree of 8 November 2007

The Royal Decree of 8 November 2007 on the prevention and remedying of environmental damage caused by the transport by road, rail, inland waterway or air of: exotic plant species as well as exotic animal species and their offspring, as a result of their import, export and transit; as well as of waste products in transit, is only applicable to the immediate threat of environmental damage and to environmental damage which has occurred, caused by one of the professional activities mentioned in the title. The exceptions that do not require the application of these regulations are listed in Article 4. 

 

6) Royal Decree of 17 November 2016

The Royal Decree of 17 November 2016 laying down the procedure and conditions for granting, suspending or withdrawing an import, export or transit permit for invasive alien species of concern for the European Union is the national implementation of Articles 8 and 9 of the IAS Regulation (EU) No 1143/2014.