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Regulation relevant to alien species - Denmark (DK)

National regulation on alien species
The Danish regulation on the introduction of new species distinguishes between animals and plants.

Release of animals that do not occur naturally in Denmark into the natural environment is prohibited under the Protection of Nature Act, Article 31, para 1 (no. 85/2002), which states that animals not native to Denmark are not to be released to nature without permission.

The Hunting Act (no 114/1997) furthermore regulates the release of the game animals. The release of fish for maricultural purposes is regulated by the Fishing Act (no. 828/2004).

Regarding the release of organisms to freshwater systems the Forest and Nature Agency has produced a guidance note on release of fish, crustacea and molluscs in fresh water ("Vejledning om regler for udsætning af fisk, krebs og bløddyr i de ferske vande"). The guidance note contains a "positive list" - species that may be introduced as well as a "negative list" - introduced species occurring in the wild in Denmark, but which are not to be released.

Non-native wild growing plants are regulated by the Protection of Nature Act, Article 31, para 2 (no. 85/2002). The Environment minister may decide to put foreward rules regarding to the deliberate release of non-native plants.

Non-native species are not explicitly dealt with under the Forestry Act, but through some of the statutory orders affiliated with this law various lists of accepted trees/shrubs are maintained. The species lists are used in connection with subsidised plantings in forests and hedges.

Name of Act (area) Bekendtgørelse af lov om naturbeskyttelse / Protection of Nature Act
Number of act Act no. 933 of 24.09.2009
Special section(s) relevant to IAS Chapter 5
Content of regulations - mode of operation. §30 - Regulations for the purpose of protecting or regulating the exploitation of wild animals and plant species. The regulation may be used to prohibit or restrict importation of some species.

§31 - Release of non-native animals is prohibited. Rules may be put forward regarding to the deliberate release of non-native animals and plants. This regulation pertains to landareas, territorial waters and the fishing territories. In relation to the introduction of animal species guidelines on the informational demands before release have been developped.
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=127104
If available in English – link to UK version: Old version (1992) but unchanged as regards article 5.

Name of Act (area) Bekendtgørelse af lov om jagt og vildtforvaltning / Hunting Act
Number of act Act no. 930 of 24.09.2009
Special section(s) relevant to IAS Chapters 1, 2 and 6
  The Hunting Act regulates game animals including species that are non-native and that are deliberately released or have unintentionally escaped captivity and which have established self-reproducing populations in the wild (article 2 §1).According to the Hunting Act (Article 6 §1) the Environment Minister may issue a prohibition against deliberate releases of certain game animals. The hunting season is also defined according to the Hunting Act. The Hunting Act is supplemented by a statutory order on the ways of hunting and hunting gear (statutory order no. 1018/2004). Under certain conditions the statutory order allows breeding and release of Partridge (Perdix perdix), Mallard (Anas platyrhynchos) and the introduced Pheasant (Phasianus colchicus) Link: http://147.29.40.90/DELFIN/HTML/B2004/0101805.htm
Ch. 6 § 37 – The Minister may establish rules for the regulation of game species in order to meet risks for humans or human health, to meet risks of contamination of humans or animals, to protect plants and animals and to prevent extensive damages on buildings, crops, livestock, forests, farmed fish or fishing areas and waters. This is applied in the Statutory order on damages caused by game species (see below).
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=13103
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse af lov om fiskeri og fiskeopdræt /Fishing Act
Number of act No. 978 of 26.09.2008
Special section(s) relevant to IAS Chapters 12 and 13.
Content of regulations - mode of operation. Chapter 12, Article 63, of the Fishing Act states that the deliberate release of fish and eggs or brood thereof is not allowed, unless permission is obtained. The Minister of Food, Agriculture and Fisheries must approve the species to be released as well as a plan for the release.Mariculture is specifically mentioned by the Fishing Act which states that the Minister of Food, Agriculture and Fisheries must approve the breeding of fish on Danish fishing territories (chapter 13, articles 66 and 67).
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=121218
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse af lov om drift af landbrugsjorder / Act on Management of Agricultural Areas
Number of act No.191 of 12.03.2009
Special section(s) relevant to IAS Article 10 on regulation of Heracleum mantegazzianum
Content of regulations - mode of operation. Opens for authorities to eradicate the plant on private land if the authorities have an eradication plant for that particular geographical area. This is applied in the statutory order on eradication of Giant hogweed, no. 862 of 10/09/2009 (see below).
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=123419
If available in English – link to UK version: Not available

Name of Act (area) Lov om hold af dyr / Act on the keeping of livestock
Number of act No. 814 of 14.07.2012
Special section(s) relevant to IAS Chapter 7
Content of regulations - mode of operation. § 37 - The Minister may make rules for the import and export of animals, parts hereof, or animal food, semen, ova, embryo of animals, manure, hay, straw, animal feed and other products and articles with which diseases and zoonotic pathogens can spread (animal helath).  This has been implemented in relation to IAS for Fiber zibethicus (Ondatra zibethicus) and Sciurus carolinensis, in Statutory order on fur farming and import and transit of furred animals.
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=142543
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse af lov om planteskadegørere / Act on plant pests (revised)
Number of act No. 198 of 12.03.2009
Special section(s) relevant to IAS § 1 and § 2
Content of regulations - mode of operation. § 1 - The Minnister may make rules for eradication and prevention of introduction and spread of living organisms, except vertebrates, and viruses that may, directly or indirectly, harm the cultivation of plants. The Minister may make rules for the prohibition of import, sale, storage and other forms of possessions of living plant pests. Also, the Minister may make rules for control, when plants are exported.
§ 2 - The minister may make rules fo r the prohibition of planting certain plants and for the prohibition of planting or sowing certain areas. Also, rules can be made by the Minister regarding orders to isolate these areas.
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=123426
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse af lov om mark- og vejfred / Act on access in nature (revised)
Number of act No. 61 of 19.01.2007
Special section(s) relevant to IAS § 1
Content of regulations - mode of operation. § 1 - Everyone is obliged to keep their domestic animals, including furred animals that are bred in captivity and tamed rabits, on his own property all year round. If a domestic furred animal escapes from captivity and is not captured within two months, it is considered a game. This also goes for offspring that follow the mother
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=8560
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse af lov om biavl / Act on beekeeping (revised)
Number of act No. 197 of 12.03.2009
Special section(s) relevant to IAS Chapter 1 § 1
Content of regulations - mode of operation. § 1 - The Mininster may make rules to prohibit the keeping of species or breeds of bees that can harm the breeding bees. This also goes for species or breeds of bees that are unwanted because of other breeding-related reasons
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=123425
If available in English – link to UK version:  

Name of Act (area) Miljøbeskyttelsesloven / Environmental Protection Act
Number of act no. 879 of 26/06/2010
Special section(s) relevant to IAS Chapter 2
Content of regulations - mode of operation. § 17.4 - Breeding of rats may only be permitted after authorisation by the Minister
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=132218
If available in English – link to UK version:  

Name of Act (area) Control of Trade in Endangered Species Enforcement Regulations 1997 (CITES)
Number of act  
Special section(s) relevant to IAS This regulation is related to the protection of endangered wild animals and plants by controlling their trade. It is relevant to IAS, since some IAS are listed because they if released pose a threat to native flora and fauna.
Content of regulations - mode of operation. A license is required to import species listed in the CITES Convention Annex B, and the following species are furthermore listed under a total import ban and may thus not be imported: Oxyura jamaicensis, Callosciurus erythraeus, Sciurus niger,Chrysemus picta, and Trachemys scripta elegans.
Link to national version (natl languange) or a file (word or pdf)  
If available in English – link to UK version: http://www.cites.org/eng/disc/text.shtml

Name of Act (area) Bekendtgørelse om bekæmpelse af kæmpebjørneklo / Statutory order on eradication of Giant hogweed
Number of act No. 862 of 10.09.2009
Special section(s) relevant to IAS All, the regulation is about IAS

Content of regulations - mode of operation.

§ 1, 4 & 5: The municipality can, according to an adopted and published action plan, impose owners or users of areas where Giant hogweed is present, to eradicate the plant. If an action plan has been published, owners and users of the above mentioned areas are obligated to effectively eradicate the plants. This also applies for public agencies. The municipality may impose owners or users of areas where Giant hogweed is present to carry out the eradication. The municipality controls that action plans and orders of eradication are complied with. The municipality has, with the proper identification, the right to access areas included in the action plan at any time in order to carry out control or eradication measures.
§ 2 - Eradication of Giant hogweed must lead to the extinction of the plant on the area in question and must prevent reproduction of the plant during the effort.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=127156
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om vildtskader / Statutory order on damages caused by game species
Number of act No. 259 of 25.03.2011
Special section(s) relevant to IAS Chapter 1 § 2 and ch. 2 § 8
Content of regulations - mode of operation.

Ch. 1 § 2 – If no other satisfying solution can be found, game species can, regardless of the rules on hunting seasons, be regulated under circumstances mentioned in chapters 2 and 3 of the statutory order in order to meet risks for humans or human health, to meet risks of contamination of humans or animals, to meet risks for the aviation safety, to protect plants and animals, to prevent extensive damages on crops, livestock (including farmed game), forests, farmed fish stocks or fishing areas and other waters or to prevent serious damage on property caused by game species.

Ch. 2 § 8 - Escaped fur animals and the species Alopochen aegyptiaca, Oxyura jamaicensis, Cygnus atratus, Ondatra zibethica, Myocastor coypus, Procyon lotor, Nyctereutes procyonoides, and Mustela vison may be regulated all year round regardless of the hunting season.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=136344
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om udsætning af vildt, jagtmåder og jagtredskaber/ Statutory order on release of game, and hunting methods and hunting gear
Number of act No. 870 of 04.07.2007
Special section(s) relevant to IAS Ch. 6 § 12
Content of regulations - mode of operation.

Release of game species in the wild requires permission from the Nature Agency.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=13124
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om jagttid for visse pattedyr og fugle m.v. / Statutory order on hunting seasons for certain mammals and birds etc.
Number of act No. 1404 of 18.11.2010
Special section(s) relevant to IAS Ch. 1 & Appx 1
Content of regulations - mode of operation. General hunting seasons are established for the following IAS: Alopochen aegyptiaca, Oxyura jamaicensis, Cygnus atratus, Ondatra zibethicus, Myocastor coypus, Procyon lotor,  Nyctereutes procyonides and Mustela vison.
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=134423
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om erhvervsmæssig handel med dyr (dyrehandlere) / Statutory order on commercial trade with animals (pet shops)
Number of act No. 1022 of 12.12.2002
Special section(s) relevant to IAS Chapter 3 and appx. 1
Content of regulations - mode of operation. Ch. 3 § 6 and Appx 1 – § 6 prohibits companies regulated by the statutory order to keep and sell animal species that can cause danger or that are particularly difficult to keep in a way that is responsible to animal welfare responsible way. In appendix 1, Procyon ssp., Nyctereutes procyonoides and domestic forms of Mustela vison are exempted from the prohibition of keeping and selling (for fur farming).
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=1448
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om privates hold af særlige dyr m.v. / Statutory order on private persons keeping of certain animals etc.
Number of act No. 1021 of 12.12.2002
Special section(s) relevant to IAS Chapter 1 and appx. 1
Content of regulations - mode of operation.

Ch. 1 § 3 & Appx 1 - § 3 prohibit the keeping of animal species that can cause danger or that are particularly difficult to keep in a manner responsible to animal welfare. In appendix 1, Procyon ssp., Nyctereutes procyonoides and domestic forms of Mustela vison are exempted from the prohibition.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=1447
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om bekæmpelse af bisamrotter / Statutory order on eradication of Ondatra zibethicus
Number of act No. 819 of 11.12.1987
Special section(s) relevant to IAS §1 & § 3
Content of regulations - mode of operation.

Owners or users of real estate that know of or suspect a presence of Ondatra zibethicus are committed to report this immediately. That applies even though the owner or user may have killed the animal. After instruction from the Danish Pest Infestation Laboratory, the owner or user is under obligation to eradicate or assist in the eradication of the animal.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=78232
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om indberetning af oplysninger om dansk akvakultur / Statutory order on reporting of information regarding Danish aquaculture
Number of act No. 1445 of 15.12.2009
Special section(s) relevant to IAS

 § 3

Content of regulations - mode of operation.

Persons or companies that own or operate an aquaculture facility are required to report every year which species the facility breeds.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=129338
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om udsætning af krebs i ferske vande / Statutory order on release of crayfish in freshwaters
Number of act No. 334 of 26.05.1999

Special section(s) relevant to IAS

§ 1

Content of regulations - mode of operation.

Release and translocation of crayfish other than Astacus astacus (native) are forbidden in all freshwaters. This also goes for eggs or fry.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=6702
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om import af planter og planteprodukter m.m. / Statutory order on import of plants and plant products etc.
Number of act No. 33 of 23.01.2009
Special section(s) relevant to IAS

§ 2 and 3 and Appxs 1 & 2

Content of regulations - mode of operation.

Includes list of plant pests and plants and plant products which it is prohibited to import.

§ 2 & Appx 5 – Importers of plants and plant products etc. mentioned in appendix 5 must be registered at The Danish Plant Directorate. This does not apply to persons importing small amounts of plants or plant products for their own use and non-commercial purposes.

§ 3 & Appxs 1 & 2 – To prevent introduction and spread of plant pests, it is prohibited to import plant pests listed in appendix 1 and plants and plant products attacked by species listed in appendix 2.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=123072
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om beskyttede naturtyper / Statutory order on protected habitats
Number of act No. 1172 of 20/11/2006
Special section(s) relevant to IAS § 5 and annex 2
Content of regulations - mode of operation. Annex 2 - Includes a white list of fish and crustaceans not regulated by Protection of Nature Act  (see above) because they are considered to be native. However, the species Stizostedion lucioperca, Cyprinus carpio, Oncorhynchus mykiss are also listed even though they are not native, because they are considered very common.

§ 5.3 - Release into the wild of species listed in Annex 2 (white list) does not require a permit from the Minister of Environment.

Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=12988
If available in English – link to UK version:  

Name of Act (area) Bekendtgørelse om fredning af visse dyre- og plantearter mv., indfangning af og handel med vildt og pleje af tilskadekommet vildt / Statutory order on the protection of certain animal and plant species, and capture and trade of wildlife and care of injured wildlife
Number of act No. 901 of 11/07/2007
Special section(s) relevant to IAS Ch. 4, § 24.7 & § 24.8
Content of regulations - mode of operation. Even though species are protected according to § 2 and § 5 and listed in annex 1, 2 and 3 (e.g. all reptiles and amphibians), special circumstances can allow that species that are not native can be eradicated if they are a threat to native species.
Link to national version (natl languange) or a file (word or pdf) https://www.retsinformation.dk/Forms/R0710.aspx?id=13138
If available in English – link to UK version:  

 

Non-legally binding texts

Name of Act (area) Handlingsplan for invasive arter/ Action plan for invasive species
Number of act  
Special section(s) relevant to IAS  
Content of regulations - mode of operation.

In Denmark, invasive species are not directly defined in the legislation, only in this non binding Action Plan. This text refer to “non-natural species”. 

 The Action Plan has an appendix with a black list and an observation list with both terrestrial and aquatic species and an appendix with an “observation list”, which is actually a mix of a grey and an alert list with both species which are known to be invasive in the region, or species which are present in Denmark in small numbers but are considered to be able to act invasively in the longer term; www.naturstyrelsen.dk/NR/rdonlyres/DB812145-4733-4D7F-95AA-9EB940A61D1E/0/Handlingsplanforinvasivearter2.pdf.

The action plan has many recommendations, e.g. that action plans are made for selected IAS. This has been applied in for example the Statutory order on eradication of Giant hogweed (see above).
It is recommended to establish a network with representatives from governmental agencies that can coordinate and strengthen the work on IAS in Denmark, including clarifying definitions and criteria. Also, it is recommended that an advisory group is established with members from national research institutes, NGO’s and other relevant stakeholders. Both the governmental network and the advisory group have been established.
It is also recommended to establish a nationwide electronic reporting system, where citizens can report findings of IAS. The system has been established and can be found here: www.naturstyrelsen.dk/Naturbeskyttelse/invasivearter/Indberetning/

Link to national version (natl languange) or a file (word or pdf)  
If available in English – link to UK version:  

Name of Act (area) Indsatsplan mod mårhund i Danmark / Action plan against Raccoon dogs in Denmark
Number of act  
Special section(s) relevant to IAS  
Content of regulations - mode of operation.

Ch. 7.1 – Denmark should have no breeding population of Raccoon dogs in 2015.

The action plan describes biology, habitats etc of the Raccoon dog and includes eradication methods, best practices and measurable goals and strategies for eradication. It also includes a section with a “tool box” of eradication measures for Raccoon dogs. Several have been implemented. For example as part of the LIFE+ project on Raccoon dogs, an Early Warning System, consisting of number of cameras has been set up along the Danish-German border and in Denmark between the peninsula of Jutland and the Island of Fynen.

Link to national version (natl languange) or a file (word or pdf) The Action plan with English summary:
http://www.naturstyrelsen.dk/NR/rdonlyres/4C316355-1AA7-4AF8-81BB-B0BF0009CDD1/122757/Indsatsplanmodmrhundrapport1.pdf
If available in English – link to UK version: