EU legislation is transposed in different ways (Regulation (EU) No 1143/2014, Implementing Regulation (EU) No 2016/114), in Hungary the implementing regulations contain provisions, but there is a lack of management protocols.
In Hungary, Act CXXXVII of 2016 amending certain Acts in connection with the prevention and management of the introduction or introduction and spread of invasive alien species requires the effective implementation of the provisions of the EU Regulation by the relevant disciplines. In the framework of the harmonisation of national legislation, delegated powers for the application of the EU Invasion Regulation (nature conservation, forestry, forestry, fisheries, food chain control) have been incorporated into the legislation of the various sectors (nature protection, agriculture, forestry, wildlife management, fisheries, food chain control). Government Decree 408/2016 (13.12.2016) on the prevention and management of the introduction or introduction and spread of alien invasive species defines the bodies responsible for the implementation of the tasks defined in certain articles of Regulation (EU) No 1143/2014 and certain procedural rules of the authorities. The Government Decree sets out the regulatory framework for a system based on the continuous exchange of information and cooperation, which allows for prompt and effective action. The Act LII of 2003 on the State Acceptance of Plant Varieties and on the Production and Marketing of Propagating Material states that plant varieties of species included in the list of alien invasive species under the Regulation, which are a threat to the European Union, a particular region or Hungary, may not be granted State acceptance. Furthermore, if a plant species is included in the list of alien invasive species posing a threat to the European Union, a particular region or Hungary, the plant breeding authority shall ex officio withdraw the State recognition of the plant species. Annex 3 of Decree No 86/2012 (VIII.15.) of the Ministry of Agriculture, Forestry, Environment and Water Management on the commercial collection and marketing of fodder plant seed mixtures intended for the conservation of the natural environment contains the list of invasive and other weed species of conservation concern.
The National Biodiversity Strategy (National Biodiversity Conservation Strategy 2015-2020), adopted by the Parliament in 2015, and the National Nature Conservation Fundamental Plan IV (Fundamental Plan IV), which is a separate annex to the National Environmental Programme IV, address the need to tackle invasive alien species in separate chapters, following the above international recommendations and the EU strategy. The main findings of the Fundamental Plan are that the increasing spread of invasive alien species, known as ‘flood species’, which have been introduced outside their natural range by deliberate introductions or accidental introductions, is considered to be one of the main threats to biodiversity. Recognising the threats posed by the emergence of invasive species, several national and international laws and strategies aim to reduce, remove or prevent the spread of invasive alien species in order to conserve biodiversity, mitigate economic damage or prevent health risks.
In Hungary, the issue of invasive species in forestry is also a liability problem. Invasive species are absolutely prohibited (cannot be planted, cannot be cultivated). If they occur, the question is how and when they can be destroyed. In Hungary, when the list of invasive species was adopted, the principle was that the state was responsible. Later, the responsibility was transferred to property owners, who are now responsible for the eradication of these species from their land and for preventing further spread. The goldenrod (Solidago gigantea) has spread over a huge area. Since the owner is obliged to eradicate it, the forest owner has to mow the whole forest, even though it spread at a time when the state was responsible. For the existing species, this is only possible if the state defines some kind of action plan and is able to finance it. It cannot be economically charged to the owner. The policy toolbox offers the possibility to address this issue in the form of EU funding. Under the Rural Development Programme, there is a Call for Proposals for the control of alien species, which forest managers can apply for and receive financial support for the control of alien species. Would be interesting to see if there is a similar initiative in Slovakia? The national CAP strategy includes one for the next cycle.
In Hungary, the NÉBIH (National Food Chain Safety Office) is responsible for the invasive species:
- place under arrest, confiscate or seize
- prohibit the marketing,
- order its destruction at the distributor’s own expense,
oblige the owner or distributor to
- to prevent, control, contain or eradicate the introduction or introduction of an alien invasive species,
- the total and permanent elimination of its stock,
- to destroy its stock of goods; or
- restoring damaged ecosystems.
If the operator/distributor fails to comply with the above obligation despite being requested to do so, the authority will carry out or have carried out the measures and will order the defaulting party to reimburse the costs within fifteen days.
Public protection: if the conditions for ordering public protection against an alien invasive species are not met, the authority may order public protection.
The competent authority shall take or have taken the necessary measures in the framework of public control of an invasive alien species. The owner, the trustee and the user must tolerate any action taken by the authority to comply with the requirements of the EU regulation or legislation on invasive alien species and any temporary restriction of their property rights.
Invasive species fines: anyone who, by their actions or omissions, violates the notification, emergency response, recovery or other requirements and official decisions relating to alien invasive species laid down in EU regulations or legislation, will be liable to an invasive species fine.
On the issue of invasive species in Slovakia, Act 150/2019 is linked to EU legislation. There is a national list of invasive species and non-native species. The EU regulation allows countries to identify additional species that they consider to be of concern. In Slovakia, the golden jackal is an expansive species, not an invasive species. In Slovakia, the objective for non-native species is to assess the safety of a species on the basis of risk analyses. They would only be allowed to be introduced if authorised and under certain conditions. The procedure, the decision criteria and the regions concerned should be regulated. The conditions under which prohibited species and species that would benefit from certain exceptions can be planted must be clearly defined.