Mapping the patchy legislative landscape of non-native tree species in Europe

Europe has a history rich in examples of successful and less successful introductions of non-native trees (NNT) - trees with an evolutionary origin outside of Europe. NNT have been introduced for various reasons such as ornamental purposes, food production, land reclamation/amelioration and timber production. The use of NNT also causes controversies due to potential negative impacts on natural ecosystems of NNT that become invasive. Many international legal frameworks responded to the presence and use of NNT, such as international treaties and conventions ; and also the European Union deals with the issue of invasive alien species in Regulation (EU) No. 1143/2014. However, especially the national and regional responses to NNT affect current and future management decisions in the forest sector and furthermore shape forest landscapes of Europe. In this comprehensive study of the legal landscape concerning NNT we identified all relevant legislations, the different legal approaches and the regulatory intensity in every European country (except microstates). Hard and relevant soft law items at the national and sub-national (regional) level for 40 European countries were collected and proofed using a targeted questionnaire sent to country experts across Europe mainly coming from the forestry and nature conservation sector. In addition, international and national legislation information systems and databases were consulted to complete the information. Legislations included updates until June/July 2019. In total, 320 national and regional law items were identified to be relevant for the regulation of NNT in the investigated 116 legislative units (countries, and regions with own legislation) in Europe. Countries and regions were empirically categorised according to ad hoc created legislation indicators dealing with the general ban of introduction of non-native species, the generally allowed and prohibited NNT, approval mechanisms, e.g. mandatory forest management plans, and areas and cases where NNT are restricted or completely prohibited. Our study revealed a very diverse legal landscape in Europe, with a large variety of approaches being pursued to regulate NNT, and the intensity of regulation ranging from very little restrictions on the species choice and plantation surface area to a complete ban of NNT in forests.