OO. 9.1 Ensure that the National Strategy is supported by effective legislation and improve enforcement

Release date	16/06/2009

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 current legislation is duly implemented.

The "National Security Plan2004-2007" (Federale Politie - Police Fédérale, 2004) aims at helping police forces address security issues on a global and integrated way and enhance the cohesion of their action. It identifies seven priority security areas for 2004-2007, 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.

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.

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