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Development of a German National Strategy on IAS

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Development of a German National Strategy on IAS. Presentation on the conference ' ... Elements of the German national strategy (Christiane Hubo) Focal points ... – PowerPoint PPT presentation

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Title: 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)

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

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

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.

6
Policy actors 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 leadership
    of the Federal Ministry of Environment

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

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)

10
Proposals for improvement
  • Definition of competencies,
  • National and international cooperation
  • Optimization and coordination of the measures.

11
2. Elements of the German national strategy
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-estimation
    s 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).

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.

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

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

16
3. Focal points of legal problems
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.

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.

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, ...

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

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 usesin
    different territories?
  • Agricultural use
  • Private use

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.

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.

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
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