Release of Plants and Animals – Legal Foundations and Regulations
The release of plants and animals is a central concept in environmental, nature, and species protection law. It refers to the intentional introduction, settlement, or sowing of plants, animals, or microorganisms into the environment, particularly into ecosystems where these species were not previously native or from which they were removed. The release encompasses both non-native (neophytic/neozoic) and genetically modified organisms and is governed and regulated by numerous national and international provisions.
Definition and Scope of Application
The release of plants and animals is a legally defined action that is specifically regulated in relevant laws such as the Federal Nature Conservation Act (BNatSchG), the Genetic Engineering Act (GenTG), and the Plant Protection Act (PflSchG). The scope of the provisions covers:
- Wild, non-native, and native plants and animals
- Genetically modified organisms (GMO)
- Plant and animal organisms in agricultural and forestry use
Difference between Release, Introduction, and Transfer
While introduction refers to cross-border transport, transfer means relocation within a national territory. Release, on the other hand, refers to the introduction into the environment, regardless of origin.
Legal Regulations in Germany
Federal Nature Conservation Act (BNatSchG)
The Federal Nature Conservation Act (BNatSchG) forms the central legal basis for the release of plants and animals. Section 40 BNatSchG specifically regulates the release of non-native species. Accordingly, it is prohibited to release non-native plants and animals into the wild without authorization, in order to protect native biodiversity and ecosystems. Release is only permitted following an assessment in an approval procedure with the participation of the nature conservation authority.
Requirements under § 40 BNatSchG
- Approval requirement: Release requires official approval.
- Risk assessment: Assessment of possible adverse effects on native ecosystems.
- Monitoring: Possible conditions for control and post-release monitoring
- Penal and Fine Provisions: Illegal release may result in criminal or fine sanctions.
Genetic Engineering Act (GenTG)
The GenTG regulates the targeted release of genetically modified organisms into the environment (§§ 14 ff. GenTG). A planned release must be notified and is subject to strict approval criteria, which require a comprehensive safety assessment. The obligations include:
- Carrying out an environmental impact assessment
- Documentation and reporting obligations
- Long-term monitoring of the release areas
- Prescribed protective measures
Plant Protection Act (PflSchG)
The Plant Protection Act regulates the release of plants as well as of biological and chemical plant protection products. The use of biological pest control agents, which may include certain animal species, is subject to notification, approval, and record-keeping requirements.
Animal Welfare Act (TierSchG) and Federal Hunting Act (BJagdG)
The TierSchG and the BJagdG contain supplementary provisions on releasing or reintroducing animals, such as the prohibition of releasing animals when their well-being cannot be guaranteed (§ 3 TierSchG). The BJagdG prohibits the unauthorized release or naturalization of wild animals without official approval (§ 28 BJagdG).
European and International Requirements
EU Regulation No. 1143/2014 on Invasive Alien Species
The EU Regulation governs the prevention and management of invasive alien species. It requires member states to implement measures for the control, eradication, or containment of such species and includes a comprehensive prohibition on release without prior authorization and risk assessment.
Cartagena Protocol on Biosafety
The Cartagena Protocol (UN Biosafety Protocol) obligates contracting parties to ensure cross-border movement and release of GMOs may only occur on the basis of a prior environmental impact assessment and exchange of information.
Purpose and Protection Goals of the Regulations
The primary aim of legal provisions governing the release of plants and animals is the protection and preservation of natural ecosystems, safeguarding of biodiversity, and prevention of harmful environmental impacts from non-native or genetically modified organisms. In particular, legal protection is to be afforded to:
- Biological diversity as per the Biodiversity Convention
- The functionality of natural cycles
- The health of humans and animals
Procedures, Responsibilities, and Enforcement
Permit and Notification Procedures
Anyone wishing to release plants or animals must undergo a formal application procedure. The competent nature conservation authority examines the requirements in consultation with other relevant agencies. In the case of GMOs, a separate authorization is required. Violations are prosecuted by the relevant regulatory authorities and may result in fines or even imprisonment.
Monitoring, Control, and Sanctions
To enforce the regulations, there are control mechanisms and monitoring obligations for those releasing organisms. In cases of unlawful release, authorities may order measures such as retrieval, removal, or imposition of post-release obligations.
Special Cases and Exceptions
In certain cases, release may be permitted following an individual official assessment, for example for research purposes, to reintroduce endangered species, or as part of conservation projects. Each exception requires a thorough risk assessment and is generally subject to strict conditions.
Summary
The release of plants and animals is a comprehensively regulated legal term whose requirements serve to protect ecosystems, biological diversity, and the environment. The legal requirements range from strict authorization and monitoring obligations to specialized regulations in the areas of nature conservation, genetic engineering, and plant protection law. These laws help prevent negative ecological, economic, and health consequences from the release of non-native or genetically modified species.
Frequently Asked Questions
What permits are required for the release of non-native plant or animal species?
The introduction or release of non-native species is subject to strict legal requirements in Germany. According to § 40 Federal Nature Conservation Act (BNatSchG), the release of plant or animal species not native to the particular area generally requires prior approval from the competent nature conservation authority. This approval is intended to ensure that the introduction does not result in adverse effects on native biodiversity, their habitats, or the entire ecosystem. Of special importance is also the European Regulation (EU) No. 1143/2014 on invasive alien species, which establishes a binding legal framework. In addition to nature conservation provisions, depending on the species and intended use, further permits may be required under animal disease law, plant protection law, or, for agricultural purposes, under agricultural law. Anyone who releases plants or animals without the necessary permit acts unlawfully and must expect significant fines.
What prohibitions exist regarding the release of alien species?
There is a fundamental ban on releasing invasive alien species into the wild. The basis for this is the Federal Nature Conservation Act as well as EU Regulation 1143/2014, which maintains a “Union List of Invasive Alien Species.” Species on this list may not be kept, bred, transported, commercialized, used, traded, or released into the environment. Violations are considered administrative offenses or may even be subject to criminal prosecution. Beyond this, there are also high thresholds for other (not classified as invasive) alien species: a prior risk assessment must always be carried out in order to assess possible consequences for biodiversity and human health.
Who is liable if the release causes negative environmental impacts?
Liability for damage caused by the release of plants and animals primarily rests with the person or organization responsible for the release project. Under § 40 BNatSchG, the nature conservation authority may require restoration of the original state; moreover, if damage to public goods (e.g., protected species or habitats) is involved, the responsible party may be ordered to bear the costs for compensation and remediation measures. In addition, strict liability under § 29 Environmental Damage Act (USchadG) may apply for certain protected assets.
Is release for scientific or experimental purposes regarded as an exception?
For scientific purposes, an exception permit for the release of non-native plant or animal species may be granted in particular cases. However, strict conditions and requirements must be met to ensure that no lasting adverse effects on native nature arise. The competent authority generally requires a detailed release plan, monitoring, and emergency plans for retrieval or removal of released individuals. Projects must also comply with the relevant provisions under animal welfare law and the Plant Protection Act.
What documentation requirements exist for the release of plants and animals?
All permits for release require extensive documentation and reporting. According to § 40 BNatSchG and other relevant regulations, the type, number, origin, exact location and time of release, as well as, if applicable, results of risk assessments and monitoring, must be recorded completely and made available to the competent authority upon request. For research projects, continuous reporting on results and any deviations from the planned process is additionally mandatory.
What other regulations outside nature conservation law must be observed?
In addition to nature conservation law, numerous further legal foundations apply: in the case of animals, animal welfare (e.g., Animal Welfare Act), animal disease (e.g., TierGesG), and possibly hunting law (Federal Hunting Act) regulations may be relevant. For plants, the Plant Protection Act and, if crop cultivation is intended, the Seed Trade Act may be relevant. Regulations for the protection of soil and water (Water Resources Act, Soil Protection Act) must also be observed. For cross-border transport, customs and species protection regulations (such as the Washington Convention on International Trade in Endangered Species, CITES) apply as well.
What sanctions can be imposed for violations of the legal requirements?
Unlawful release of plants and animals may result in severe sanctions. The Federal Nature Conservation Act provides for fines of up to 50,000 euros for administrative offenses. In particularly serious cases, for example if significant damage to important ecosystems has been caused by the release, a prison sentence may even be imposed pursuant to § 329 German Criminal Code (StGB). Additionally, the authority may order restoration of the previous state or remediation of consequential damages at the violator’s own expense.
