Japanese knotweed (Fallopia japonica) traded in the Netherlands, including the dwarf variety of Japanese knotweed (Fallopia japonica var.compacta), Sakhalin knotweed (Fallopia sachalinensis), and bastard knotweed (Fallopia x bohemica)

Decree of ......(date) amending the Nature Conservation Decree [Besluit natuurbescherming] and the Living Environment (Activities) Decree [Besluit activiteiten leefomgeving] in connection with a trading prohibition for Asian knotweeds and amending the Living Environment (Quality) Decree [Besluit kwaliteit leefomgeving] in connection with the additional designation of invasive alien species to be controlled by the provinces

In Article I of the amending Decree, the invasive alien species of Japanese knotweed (Fallopia japonica), including the dwarf variety of Japanese knotweed (Fallopia japonica var.compacta), Sakhalin knotweed (Fallopia sacralinensis), and bastard knotweed (Fallopia x bohemica) (hereinafter referred to as: Asiatic knotweeds) are brought under the scope of the ban on trading or possessing invasive exotic species, by designation in the Nature Conservation Decree. Article II of the amending Decree will continue the designation

of Asian knotweeds in the Nature Conservation Decree in the Living Environment (Activities) Decree in a policy-neutral manner. Article III of this Decree updates Appendix VC to Article 3.29 of the Living Environment (Quality) Decree. Annex VC to Article 3.29 of the Living Environment (Quality) Decree lists the cases where the provincial government is responsible for eradication, management and recovery measures regarding invasive alien species included in the list of invasive alien species established by the European Commission that are of concern for the European Union. The 16 invasive alien species which will be added to Appendix VC to Article 3.29 of the Living Environment (Quality) Decree have already been designated as invasive alien species in Appendix 10 to Article 3.31(1) of the Nature Conservation Order [Regeling natuurbescherming], with the Provincial Executive of the provinces already being responsible for their control and management under the
Nature Conservation Act. Article III of the amending Decree will continue the designation of invasive alien species in the Living Environment (Quality) Decree in a policy-neutral way. In addition, the designation of invasive alien species in the Living Environment (Quality) Decree will continue the implementation of the obligation included in Article 19 of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of the European Union of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJEU L 317) to have effective management measures in place within 18
months of an invasive alien species being listed on the Union list.

Articles I and II of the amending Decree may contain a technical provision:
- the trade ban for the 3 types of knotweeds.
No mutual recognition clause has been included because the regulations only apply to Asian knotweeds traded in the Netherlands.