National targets

Belgium needs to review existing legislative framework with respect to the goals of this Strategy, and take the necessary steps to improve it where necessary.

Besides, authorities must make sure that the relevant legislation is duly implemented and enforced.

The “National Security Plan 2012-2015” (Federale Politie – Police Fédérale, 2012) aims at helping police forces address security issues on a global and integrated way and enhance the cohesion of their action. It identifies ten priority criminal areas for 2012-2015, which includes the environment, restricted to waste traffic.

Within the customs and excise administration (FPS Finances), emphasis is currently put on security in the broad sense, including several areas such as the protection of the fauna and flora (CITES). In this optic, a CITES target group has been established; its purpose is to analyse risks in this field. All enforcement actors related to CITES are united in the Belgian Enforcement Group which regularly interacts with the federal CITES team to ensure adequate enforcement of CITES in Belgium.

Belgium should make sure that biodiversity is included in priority security areas. In addition, the various aspects of biodiversity must be included in legal information processing tools, such as FEEDIS (Feeding Information System) or the national databank.

The staff responsible for checking compliance with biodiversity related regulations must be strengthened, both in term of capacity and organisation, in order to make the presence of these services more effective on the ground and to be able to effectively implement prosecution policy and execute penalties related to biodiversity offences.

A proactive approach and the use of specific investigation methods could also be developed since tracking offences related to biodiversity regulations proves to be very difficult.

As a result of the division of powers in Belgium, most biodiversity-related offences are recorded by the regional authorities while the prosecution policy falls within the scope of the Federal State. Therefore, cooperation and coordination at the national level among all the actors involved (including inspection services, administrations and customs services) need to be enhanced in order to ensure coherent and compatible measures and methodologies. International information exchange mechanisms also need to be optimised (Interpol, Europol, etc.).

Finally, given the complex nature of the issue, specific training need to be set up for the actors involved in combating biodiversity-related crime (police and control services, customs, etc.). In this respect, the needs relate in particular to improving legal as well as technical and scientific knowledge.

As foreseen by the EU Biodiversity Strategy to 2020 (Action 3c), Belgium will facilitate enforcement of the Birds and Habitats Directives by providing specific training programmes on Natura 2000 for judges and public prosecutors, and by developing better compliance promotion capacities.

As foreseen by the EU Biodiversity Strategy to 2020 (Action 3c), Belgium will facilitate enforcement of the Birds and Habitats Directives by providing specific training programmes on Natura 2000 for judges and public prosecutors, and by developing better compliance promotion capacities.

As foreseen by the EU Biodiversity Strategy to 2020 (Action 3c), Belgium will facilitate enforcement of the Birds and Habitats Directives by providing specific training programmes on Natura 2000 for judges and public prosecutors, and by developing better compliance promotion capacities.

As foreseen by the EU Biodiversity Strategy to 2020 (Action 3c), Belgium will facilitate enforcement of the Birds and Habitats Directives by providing specific training programmes on Natura 2000 for judges and public prosecutors, and by developing better compliance promotion capacities.

Environmental liability aims at making the person or organization that caused the environmental damage (the polluter) pay for remedying the damage that he has caused (the "polluter pays" principle).

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 establish a framework of environmental liability based on the ‘polluter-pays' principle, to prevent and remedy environmental damage. The fundamental principle of this Directive is that an operator whose activity has caused environmental damages or imminent threat of such damage is to be held financially liable for preventing or remedying this damage. It is expected this regulation will induce operators to adopt measures and develop practices to minimize the risks of environmental damage so that their exposure to financial liabilities is reduced.

The Directive puts in place a comprehensive liability regime for damage to the environment. In particular, it introduces a comprehensive regime for damage to valuable elements of biodiversity - protected species and natural habitats, to water and land, and to services provided by these natural resources.

A permanent working group gathering regional and federal authorities has been established to ensure, to a certain extent and in respect of the share of competences between the different authorities, adequate and coherent implementation of the Directive.

National laws on liability for damage caused by activities that are hazardous to the environment will be thus different from the common civil liability regime as they will not concern the classical range of damages (human health or property) but will cover biodiversity and ecosystem services damage as well as land damage or water damage. This will encourage parties concerned to take more precautions towards biodiversity.

Nevertheless, one of the major difficulties when implementing the directive concerns the evaluation of damage caused to biodiversity and this has to be done taking account of the cost of restoration or the cost of alternative solutions if restoration is not possible.

This should be taken into account when transposing the EU directive into national legislations.

Environmental liability aims at making the person or organization that caused the environmental damage (the polluter) pay for remedying the damage that he has caused (the "polluter pays" principle).

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 establish a framework of environmental liability based on the ‘polluter-pays' principle, to prevent and remedy environmental damage. The fundamental principle of this Directive is that an operator whose activity has caused environmental damages or imminent threat of such damage is to be held financially liable for preventing or remedying this damage. It is expected this regulation will induce operators to adopt measures and develop practices to minimize the risks of environmental damage so that their exposure to financial liabilities is reduced.

The Directive puts in place a comprehensive liability regime for damage to the environment. In particular, it introduces a comprehensive regime for damage to valuable elements of biodiversity - protected species and natural habitats, to water and land, and to services provided by these natural resources.

A permanent working group gathering regional and federal authorities has been established to ensure, to a certain extent and in respect of the share of competences between the different authorities, adequate and coherent implementation of the Directive.

National laws on liability for damage caused by activities that are hazardous to the environment will be thus different from the common civil liability regime as they will not concern the classical range of damages (human health or property) but will cover biodiversity and ecosystem services damage as well as land damage or water damage. This will encourage parties concerned to take more precautions towards biodiversity.

Nevertheless, one of the major difficulties when implementing the directive concerns the evaluation of damage caused to biodiversity and this has to be done taking account of the cost of restoration or the cost of alternative solutions if restoration is not possible.

This should be taken into account when transposing the EU directive into national legislations.

Environmental liability aims at making the person or organization that caused the environmental damage (the polluter) pay for remedying the damage that he has caused (the "polluter pays" principle).

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 establish a framework of environmental liability based on the ‘polluter-pays' principle, to prevent and remedy environmental damage. The fundamental principle of this Directive is that an operator whose activity has caused environmental damages or imminent threat of such damage is to be held financially liable for preventing or remedying this damage. It is expected this regulation will induce operators to adopt measures and develop practices to minimize the risks of environmental damage so that their exposure to financial liabilities is reduced.

The Directive puts in place a comprehensive liability regime for damage to the environment. In particular, it introduces a comprehensive regime for damage to valuable elements of biodiversity - protected species and natural habitats, to water and land, and to services provided by these natural resources.

A permanent working group gathering regional and federal authorities has been established to ensure, to a certain extent and in respect of the share of competences between the different authorities, adequate and coherent implementation of the Directive.

National laws on liability for damage caused by activities that are hazardous to the environment will be thus different from the common civil liability regime as they will not concern the classical range of damages (human health or property) but will cover biodiversity and ecosystem services damage as well as land damage or water damage. This will encourage parties concerned to take more precautions towards biodiversity.

Nevertheless, one of the major difficulties when implementing the directive concerns the evaluation of damage caused to biodiversity and this has to be done taking account of the cost of restoration or the cost of alternative solutions if restoration is not possible.

This should be taken into account when transposing the EU directive into national legislations.

Environmental liability aims at making the person or organization that caused the environmental damage (the polluter) pay for remedying the damage that he has caused (the "polluter pays" principle).

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 establish a framework of environmental liability based on the ‘polluter-pays' principle, to prevent and remedy environmental damage. The fundamental principle of this Directive is that an operator whose activity has caused environmental damages or imminent threat of such damage is to be held financially liable for preventing or remedying this damage. It is expected this regulation will induce operators to adopt measures and develop practices to minimize the risks of environmental damage so that their exposure to financial liabilities is reduced.

The Directive puts in place a comprehensive liability regime for damage to the environment. In particular, it introduces a comprehensive regime for damage to valuable elements of biodiversity - protected species and natural habitats, to water and land, and to services provided by these natural resources.

A permanent working group gathering regional and federal authorities has been established to ensure, to a certain extent and in respect of the share of competences between the different authorities, adequate and coherent implementation of the Directive.

National laws on liability for damage caused by activities that are hazardous to the environment will be thus different from the common civil liability regime as they will not concern the classical range of damages (human health or property) but will cover biodiversity and ecosystem services damage as well as land damage or water damage. This will encourage parties concerned to take more precautions towards biodiversity.

Nevertheless, one of the major difficulties when implementing the directive concerns the evaluation of damage caused to biodiversity and this has to be done taking account of the cost of restoration or the cost of alternative solutions if restoration is not possible.

This should be taken into account when transposing the EU directive into national legislations.