The Italian Legislative Decree on invasive species has been published: bans, controls, eradication and management

On 30 January 2018 it was published the Legislative Decree 15 December 2017, n. 230 of "Compliance of the national legislation with the provisions of regulation (EU) no. 1143/2014 of the European Parliament and of the Council of October 22^th, 2014, containing provisions aimed at preventing and managing the introduction and spread of invasive alien species" (text in Italian is available at: http://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2018-01-30&atto.codiceRedazionale=18G00012&elenco30giorni=false). The Decree introduces a series of provisions on invasive alien species in order to comply the national legislation with the relevant Community legislation.

The Regulation (EU) no. 1143/2014, laying down provisions to prevent and manage the introduction and dissemination of invasive alien species, which came into force on 1 January 2015 (http://eur-lex.europa.eu/legal-content/EN/TXT/ PDF /? Uri = CELEX: 32014R1143 & from = EN), has set a series of rules to protect biodiversity and ecosystem services against impacts caused by invasive alien species, with particular reference to those species included in the list of invasive species of Union concern. For these species the EU Regulation has introduced a general restriction on trade, possession, transport and introduction into the wild, and imposes an obligation to immediately notify, control or eradicate these species. It also calls on EU countries to establish a surveillance system and the monitoring of invasive alien species of Union concern, and to identify the main vectors of accidental introduction of invasive species, adopting at least one action plan to prevent the risk of further introductions. Regulation 1143/2014 also introduces a permit system and derogations from the restrictions, in particular cases. The List of invasive alien species of Union concern, identified according to a specific risk assessment conducted at European level, is susceptible of continuous additions and currently includes 49 invasive alien species, of which 33 are already occurring in Italy (see table in attached).

The Legislative Decree therefore modifies the national legislation in order to ensure a full compliance with the provisions of the above mentioned EU Regulation, identifying the following principles and criteria:

-       The Italian Ministry of Environment and Protection of the Territory and the Sea (MATTM) is the national competent authority charged with the relations with the European Commission, the coordination of activities and the issue of permits.

-       The Italian Institute for Environmental Protection and Research (ISPRA) is identified as the scientific technical body supporting the MATTM for carrying out the planned activities.

-       The Regions and the Autonomous Provinces, and the National Parks, are among the primary recipients of the norm by virtue of their powers in monitoring and implementing the eradication and management measures, as well as the restoration of damaged ecosystems.

-       The following bans on invasive alien species of Union concern are established:

• introduction or transit in the national territory;
• detention, including in contained holding;
• rearing and cultivation, including in contained holding;
• transport;
• selling or marketing;
• use, assignment free of charge or exchange;
• reproduction or spontaneous growth;
• release into the environment.

-       The Decree also introduces a framework of permits and authorizations, pursuant to articles 8 and 9 of the EU Regulation, and inspections to ensure that the establishments comply with the conditions set out in those permits issued. This new authorization regime, by way of derogation from the prohibitions pursuant to art. 6, applies in particular to botanical gardens and zoos, which shall require specific authorization for the holding of invasive alien species of Union concern. Research institutions and other entities may also, in special cases, obtain an authorization for the detention of invasive alien species included in the list for research purposes and ex situ conservation activities. In exceptional cases, for reasons of compelling public interest, including those of an economic or social nature, the possibility of an authorization is also provided. Requests for authorization or exemption shall be submitted to the MATTM. Inspections and controls by the MATTM are planned, with the support of ISPRA, the Regions and the Autonomous Provinces, in order to ensure that the institutions fulfill the obligations and conditions set out in the authorizations issued.

-       The official controls at the Customs, Entry Points pursuant to Legislative Decree 214/2005 (in the case of plant species) and Frontal Inspection Posts (PIF) (in the case of animal species) are regulated and the obligations for importers or their representatives in customs are established.

-       A surveillance system is set up for invasive alien species of Union concern, coordinated by the MATTM with the support of ISPRA, aimed at ensuring the monitoring of the national territory. Monitoring is carried out by the Regions and the Autonomous Provinces, with the support of ISPRA, which make use of the structures appointed to implement the monitoring pursuant to art. 11 of Directive 92/43/EEC, pursuant to art. 8 of Directive 2000/60/EC and pursuant to art. 11 of Directive 2008/56/EC.

-       The Regions and the Autonomous Provinces have the obligation to notify the MATTM and ISPRA the appearance or reappearance, post eradication, on their territory of invasive alien species of Union concern. It is also expected that the MATTM will in turn notify the European Commission and inform the other Regions or Autonomous Provinces.

-       The obligation to rapidly eradicate populations of invasive alien species of Union concern is established. The eradication measures are ordered by the MATTM, with the support of ISPRA, and must be applied by the Regions and the Autonomous Provinces concerned, or by the National Parks. Mayors shall guarantee access to private land for intervention operators when this is necessary to achieve eradication.

-       The Legislative Decree also regulates any exceptions from the obligation of rapid eradication, emergency measures and management measures for invasive alien species of Union concern already occurring or at risk of introduction into Italian territory, measures to restore damaged ecosystems and cost recovery.

-       Specific penal and administrative sanctions are foreseen, calibrated according to the seriousness of the violations of the provisions of the regulation. Part of the revenue from administrative penalties is allocated to the implementation of the eradication and management measures.

-       The obligation to report detention of specimens of invasive alien species of Union concern is introduced and transitional provisions for non-commercial owners and commercial stocks are foreseen.

The Legislative Decree also provides for the possibility of adopting a list of invasive alien species of national concern, to which the same provisions and prohibitions foreseen for the invasive alien species of the Union concern are applied. This list can be progressively updated also on the basis of the requests of Regions and Autonomous Provinces.

The Legislative Decree refers to four successive implementing decrees:

- The list of invasive alien species of national concern, still to be developed, to be adopted by decree of the MATTM, after consultation with the Ministry of Agriculture and Forestry Policies, ISPRA and the Permanent Conference for relations with the State, the Regions and the Autonomous Provinces of Trento and Bolzano.

- One or more action plans for the main vectors of introduction of invasive alien species, aimed at reducing the risks of accidental introduction into our country. The action plans must be drawn up by ISPRA, and adopted by decree of the MATTM, after consultation with the Ministries concerned and the Permanent Conference for relations with the State, the Regions and the Autonomous Provinces of Trento and Bolzano.

- A register of detention of invasive alien species of Union and national concern and obligations of authorized parties, which will be established by the MATTM decree, which must be held by authorized operators with the permits and authorizations provided for in the Regulation and the related Decree Legislative.

- The tariffs, which will be determined by the decree of the MATTM, concerning the expenses related to the procedures for issuing the permits and authorizations provided for by the Regulation and the related Legislative Decree.

List of invasive alien species of Union concern of the EU Regulation 1143/2014, occurring in Italy.