Legislation and policy

Non-native and invasive alien species

The importance of the threat of invasive alien species is reflected in a suite of national, European and international policy and legislation. Brief details on a selection of some of the more pertinent policy and legislation is given, it is not a comprehensive listing.

Ireland

European Union (Invasive Alien Species) Regulations 2024

In July 2024, comprehensive regulations which address deficiencies in Irish law implementing the EU Invasive Alien Species Regulation were signed into law. The European Union (Invasive Alien Species) Regulations 2024 (S.I. No. 374 of 2024)contain important new provisions to address the problem of invasive species.  The Regulations address the Invasive Alien Species of Union Concern and also sets out a list of Invasive Alien Species of National Concern.

  • This includes offences under 17(1) whereby a person shall not –

(a) introduce into the State,
(b) keep, including in contained holding,
(c) breed, including in contained holding,
(d) import into, export from or transport within the State, except for
the transportation of species to facilities in the context of
eradication,
(e) place on the market,
(f) use, exchange or offer for exchange,
(g) permit to reproduce, grow or cultivate, including in contained
holding, or
(h) release into the environment,

an invasive alien species on national concern.  There are further restrictions on vector materials and exceptions on Fallow  deer (Dama dama) and Sika deer (Cervus nippon).

Note: Regulation 29 revokes the European Union (Invasive Alien Species) (Freshwater Crayfish) Regulations 2018 (SI 354/2018,).

National Biodiversity Action Plan

Ireland’s 4th National Biodiversity Action Plan (NBAP) sets the national biodiversity agenda for the period 2023-2030 and aims to deliver the transformative changes required to the ways in which we value and protect nature.  The 4th NBAP strives for a “whole of government, whole of society” approach to the governance and conservation of biodiversity. The aim is to ensure that every citizen, community, business, local authority, semi-state and state agency has an awareness of biodiversity and its importance, and of the implications of its loss, while also understanding how they can act to address the biodiversity emergency as part of a renewed national effort to “act for nature”.

This National Biodiversity Action Plan 2023-2030 builds upon the achievements of the previous Plan. It will continue to implement actions within the framework of five strategic objectives, while addressing new and emerging issues:

Objective 1 – Adopt a Whole of Government, Whole of Society Approach to Biodiversity
Objective 2 – Meet Urgent Conservation and Restoration Needs
Objective 3 – Secure Nature’s Contribution to People
Objective 4 – Enhance the Evidence Base for Action on Biodiversity
Objective 5 – Strengthen Ireland’s Contribution to International Biodiversity Initiatives

Under Objective 2 – Meet Urgent Conservation and Restoration Needs, the Plan notes ‘Efforts to tackle Invasive Alien Species will be elevated’.  Outcome 2H: Invasive alien species (IAS) are controlled and managed on an all-island basis to reduce the harmful impact they have on biodiversity and measures are undertaken to tackle the introduction and spread of new IAS to the environment. To help achieve this outcome,  4 targets with 10 actions are set. The four targets are:

  • By 2030, IAS are controlled, managed, and where possible, eradicated.
  • By 2030, IAS are controlled, managed, and where possible, eradicated within Protected Areas and effectively controlled in urban, peri-urban areas, the wider countryside and marine and coastal areas.
  • By end of 2023, a systematic baseline survey of priority invasive species and key hot-spot sites has been undertaken with subsequent periodic monitoring.
  • By 2025, Ireland has adopted an all-island approach to invasive species.

Click here to view the table of Outcome 2H targets actions. Invasive Alien species are also mentioned elsewhere in the NBAP e.g. Action numbers  4C8 page 105; 5A2 page 110.

Of relevance is that the The Wildlife (Amendment) Act 2023, which commenced requires all public service bodies, including government departments, agencies and local authorities to integrate biodiversity into their plans, policies and programmes. Wildlife Amendment Act 2000-2023 Consolidated (npws.ie)

For more information and to download the National Biodiversity Action Plan see National Parks and Wildlife Service website: www.npws.ie/legislation/national-biodiversity-plan.

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Northern Ireland

The Wildlife (Northern Ireland) Order 1985

In Northern Ireland The Wildlife (Northern Ireland) Order 1985 (as amended) provides regulation of invasive non-native species other than the Invasive Alien Species of Union concern. Under Article 15 of the Order it is an offence to;

  • release or allow to escape into the wild any animal (or hybrid) which is not ordinarily resident or a regular visitor to Northern Ireland; or is included in Part I of Schedule 9,
  • to plant or otherwise cause to grow in the wild any plant (or hybrid) which is included in Part II of Schedule 9.

The Schedule 9 list of species are available to download from: List-of-schedule-9-speciesV4.pdf (invasivespeciesni.co.uk)

The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019, is the corresponding domestic legislation to the EU Invasive Alien Species Regulation 1143/2014. Its introduction on the 1st December 2019 made provision for criminal offences relating to breaches of requirements of the EU Invasive Alien Species Regulation.

Under The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019, it is an offence to;

  • keep, including in a contained holding;
    breed, including in a contained holding;
    transport to or from Northern Ireland to or from any place within Great Britain, or within Northern Ireland, except where such transportation is of species to facilities in the context of eradication;
    place on the market;
    use or exchange;
    permit to reproduce, grow or cultivate, including in a contained holding; or
    release into the environment,
    an invasive alien species which is included on the ‘EU list of Union Concern’.

In addition, it is also an offence to;

  • release or allow to escape into the wild any species of animal (or hybrid) that is not ordinarily resident or a regular visitor to Northern Ireland; or is included on the ‘EU list of Union Concern’.
  • plant or otherwise cause to grow in the wild any species of plant (or hybrid) which is included on the ‘EU list of Union Concern’.

Note: In Northern Ireland, there are no species that are included on both Schedule 9 and the EU Invasive Alien Species of Union concern.  For additional and up to date information on invasive species legislation in Northern Ireland, visit: Legislation – Invasive Species Northern Ireland (invasivespeciesni.co.uk).

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European

EU Invasive Alien Species Regulation

On September 29th, 2014, the European Council adopted a Regulation on the prevention and management of the introduction and spread of invasive alien species [1143/2014]. The Regulation, that is a binding legal tool for all Member States, entered into force  January 1st 2015. The Regulation lays down rules to prevent, minimise and mitigate the adverse impacts of the introduction and spread, both intentional and unintentional, of invasive alien species on biodiversity and the related ecosystem services, as well as other adverse impact on human health or the economy.

The core of the Regulation is the list of Invasive Alien Species of Union concern (Union List). The species included on this list are subject to restrictions and measures set out in the Regulation. These include restrictions on keeping, importing, selling, breeding, growing and releasing into the environment.

There will be a phased introduction of the requirements. Some milestones and key elements are listed below:

  • list of Invasive Alien Species of Union concern – reviewed every 6 years (current list of 88 species).
  • Member States can request for inclusion of a species based on risk assessment
  • functioning structures for Official controls (border controls, goods entry points)
  • Surveillance system
  • pathway analysis followed by pathway action plans for priority pathways
  • early detection issue of alert notification to Commission and other Member States
  • rapid eradication in place within 3 months after alert notification (If possible/feasible).
  • management measures put in place for widely spread species
  • restoration of damaged ecosystems undertaken [proportionate]
  • reporting (June 1st 2019) and every 6 years thereafter on – surveillance system, distribution of species, action plans etc.

For more information visit: Invasive species of Union concern – Invasives.ie

View Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R1143&from=EN

View the 2021 Commission report on the review of the application of the EU IAS Regulation. 

EU Biodiversity Strategy

The EU’s biodiversity strategy for 2030 is a comprehensive, ambitious and long-term plan to protect nature and reverse the degradation of ecosystems. The strategy aims to put Europe’s biodiversity on a path to recovery by 2030, and contains specific actions and commitments. In the Strategy to 2023, the EU and its Member States committed to implement more than 100 actions by 2030.

On addressing invasive alien species, Target 12 states that ‘There is a 50% reduction in the number of Red List species threatened by invasive alien species.’ To help meet this target, one Action has been set:

Action 46 – Step up the implementation of the European Regulation on Invasive Alien Species (IAS) Regulation

Action Deadline: 2030

Action Summary: The Commission will work with the Member States to step up implementation of the EU Regulation on Invasive Alien Species (IAS) and other relevant legislation and international instruments. The aim is to ensure that the introduction and establishment of invasive alien species in the EU environment is minimised and where possible is eliminated, while established invasive alien species are managed. A review of the application of the EU Regulation on Invasive Alien Species was published in 2021. An update of the list of IAS of Union concern was published in August 2022 and the list will be updated about every two years afterwards.

For more information on the EU Biodiversity Strategy 2023, visit: Biodiversity strategy for 2030 – European Commission (europa.eu)

Nature Restoration Law

The Nature Restoration Law (NRL) entered into force on 18th August 2024:  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401991. The law aims to restore ecosystems, habitats and species across the EU’s land and sea areas in order to: enable the long-term and sustained recovery of biodiverse and resilient nature; contribute to achieving the EU’s climate mitigation and climate adaptation objectives; and, meet international commitments. EU countries are expected to submit National Restoration Plans to the Commission within two years of the Regulation coming into force (so by mid 2026), showing how they will deliver on the targets. They will also be required to monitor and report on their progress.

Reference to non-native and invasive alien species in the NRL are :

  • Page 3: The Commission’s Report on the state of nature in the European Union of 15 October 2020 (the ‘2020 State of Nature Report’) noted that the Union has not yet managed to stem the decline of protected habitat types and species whose conservation is of concern to the Union. That decline is caused mostly by the abandonment of extensive agriculture, intensifying management practices, the modification of hydrological regimes, urbanisation and pollution as well as unsustainable forestry activities and species exploitation. Furthermore, invasive alien species and climate change represent major and growing threats to native Union fauna and flora.

Planting three billion additional trees

  • Page 29: 2. Member States shall ensure that their contribution to fulfilling the commitment set out in paragraph 1 is achieved in full respect of ecological principles, including by ensuring species diversity and age-structure diversity, prioritising native tree species except for, in very specific cases and conditions, non-native species adapted to the local soil, climatic and ecological context and habitat conditions that play a role in fostering increased resilience to climate change. The measures to achieve that commitment shall aim to increase ecological connectivity and be based on sustainable afforestation, reforestation and tree planting and the increase of urban green space.

LIST OF EXAMPLES OF RESTORATION MEASURES REFERRED TO IN ARTICLE 14(16)

  • Page 92: Remove unwanted scrub encroachment or non-native plantations on grasslands, wetlands, forests and sparsely vegetated land.
  • Page 93: Remove and control invasive alien species, and prevent or minimise new introductions.

For more information on the Nature Restoration Law, visit: The EU #NatureRestoration Law (europa.eu)

Marine Strategy Framework Directive (MSFD)

The Marine Strategy Framework Directive (Directive 2008/56/EC)came into force on 17 June 2008. The Directive aims to achieve Good Environmental Status (GES) of the EU’s marine waters and to protect the resource base upon which marine-related economic and social activities depend. In order to achieve it’s goal, the Directive establishes European marine regions (the Baltic Sea, the North-east Atlantic Ocean, the Mediterranean Sea and the Black Sea) and sub-regions on the basis of geographical and environmental criteria.  

In order to achieve GES, each Member State is required to develop a strategy for it’s marine waters (or a Marine Strategy) to be reviewed every 6 years. EU Member States report at each step of the cycle and the Commission provides its assessments and recommendations. The implementation of the Directive is therefore an ongoing process. The MSFD outlines 11 high level descriptors for GES.  

Descriptor 2 relates to non-native, also know as non-indigenous species; Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems. 

 This Descriptor includes one primary criterion (D2C1: new Non-indigenous Species (NIS) introductions), and two secondary criteria, dealing with the abundance and spatial distribution of NIS (D2C2), and their adverse effects on particular indigenous species groups and broad habitat types (D2C3). From the most recent assessment, Ireland achieves Good Environmental Status for this Descriptor and programmes are established to aim to maintain this throughout the next reporting cycle and beyond.   

OSPAR 

The OSPAR Convention for the protection of the Marine Environment of the North-East Atlantic was adopted in 1992. It guides international cooperation for the protection of the marine environment of the North-East Atlantic. OSPAR’s strategic and operational objectives are based on four themes; clean seas, biologically diverse seas, productive and sustainably used seas, and seas resilient to climate change and ocean acidification. 

Various Joint Expert Working Groups within the OSPAR framework contribute towards management of invasive species, including:  

  • Joint Expert Groups on Non-indigenous Species 
  • Joint Task Group on Ballast Water Management Convention (BWMC) and Biofouling 

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International

The conclusion of the 15th Conference of Parties to the UN Convention on Biological Diversity (CBD) saw the adoption of the Kunming-Montreal Global Biodiversity Framework (GBF). Among the twenty-three targets to be achieved by 2030 include 30 per cent conservation of land, sea and inland waters, 30 per cent restoration of degraded ecosystems, halving the introduction of invasive species, and $500 billion/year reduction in harmful subsidies.

Regarding invasive species,  Target 6 is to:

  • Eliminate, minimize, reduce and or mitigate the impacts of invasive alien species on biodiversity and ecosystem services by identifying and managing pathways of the introduction of alien species, preventing
    the introduction and establishment of priority invasive alien species, reducing the rates of introduction and establishment of other known or potential invasive alien species by at least 50 per cent by 2030, and
    eradicating or controlling invasive alien species, especially in priority sites, such as islands.

Ballast Water Management Convention 

The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (BWMC), entered into force globally on 8 September 2017. It is a treaty, adopted by the International Maritime Organization (IMO) in order to help prevent the spread of potentially harmful aquatic organisms and pathogens in ships’ ballast water, which includes invasive species.  

The Convention stipulates that ships must manage their ballast water so that aquatic organisms and pathogens are removed or rendered harmless before the ballast water is released into a new location. 

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Further information

If you have any queries on the above policy or legislation please e-mail [email protected]  and we will try to provide additional information or clarification. Otherwise, contact the National Parks and Wildlife Service by sending an email to [email protected]. 

The most important pieces of legislation underpinning biodiversity and nature conservation in Ireland are listed in the NPWS website: Legislation | National Parks & Wildlife Service (npws.ie) 

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