!!

This chapter covers the EU environmental law applicable to algae cultivation, with a focus on the specific regulation governing the use of alien and locally absent species in aquaculture, the Invasive Alien Species Regulation, and the Habitats and Birds Directives as they apply to sites near protected areas. It also addresses the Nagoya Protocol on access and benefit-sharing, which is relevant to the development and use of non-native algal strains.

Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture, OJ L 168, 28.6.2007, p. 1. EUR-Lex

Commission Regulation (EC) No 535/2008 of 13 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture, OJ L 156, 14.6.2008, p. 6. EUR-Lex

Relevance to algae: Regulation (EC) No 708/2007 is the most directly algae-specific piece of EU environmental law relating to aquaculture. It applies to the deliberate introduction of alien species (species not naturally present in a given area) and locally absent species (species previously present but no longer occurring) into EU aquaculture environments. Its scope covers seaweed cultivation and land-based algae production in open systems.

Key provisions:

• Alien species (Art. 3): species that are not naturally present in a member state's territory or waters may not be introduced into aquaculture without a permit.
• Permit procedure (Art. 6–9): introduction of an alien species requires: (a) an environmental risk assessment carried out by the competent authority, (b) a period of quarantine for new introductions to verify pest/pathogen-free status, and © approval by the competent national authority. For species already in established use for aquaculture in a member state, a simplified procedure or exemption may apply.
• Locally absent species (Art. 2): similar, though less demanding, procedures apply.
• Closed containment exemption (Art. 3(3)): productions that take place in closed containment facilities from which any escape or effluent release to natural water bodies is prevented are exempt from the permit requirement. This exemption is of significant practical importance for land-based microalgae producers in closed photobioreactors or sealed fermenters.
• Annex IV — established non-native species: lists species that have been in use in EU aquaculture for many years and are subject to simplified procedures rather than full permit requirements.

The practical consequence for algae producers:

• A producer cultivating a non-native macroalgal species at sea, in coastal waters, or in open pond systems in the EU must obtain a permit under this Regulation before introducing the species.
• A producer using a closed photobioreactor system from which no release to the environment is possible is exempt — this is one of the regulatory advantages of closed-system production for non-native species.
• A producer cultivating an algal species already in widespread use in EU aquaculture (listed or otherwise established) benefits from simplified procedures.

Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, OJ L 317, 4.11.2014, p. 35.

Relevance to algae: This Regulation establishes a list of invasive alien species of Union concern (the “Union list”) and prohibits their introduction, keeping, breeding, transport, sale and use across the EU. Aquaculture production of a species on the Union list is prohibited. Several algal species are of concern in a European context (notably some Sargassum species and the invasive Caulerpa species), and producers should verify that their cultivation species does not appear on the Union list or on emerging proposed additions. The list is subject to regular review and additions.

Note that this Regulation is distinct from and more restrictive than the aquaculture alien species Regulation (EC) No 708/2007: a species on the Union list of invasive alien species cannot be cultivated regardless of containment measures.

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive), OJ L 206, 22.7.1992, p. 7. EUR-Lex

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (Birds Directive), OJ L 20, 26.1.2010, p. 7.

Relevance to algae: These two Directives form the basis of the EU Natura 2000 network of protected areas. Algae cultivation installations — whether at sea, in coastal areas, or inland — located within or adjacent to Natura 2000 sites may require an Appropriate Assessment (Habitats Directive, Art. 6) before an authorisation is granted, assessing whether the project would adversely affect the integrity of the protected area. Key points:

• An Appropriate Assessment is required for any plan or project likely to have a significant effect on a Natura 2000 site, either alone or in combination with other plans and projects.
• “Significant effect” is assessed against the conservation objectives of the specific site; the threshold for triggering assessment can be low.
• Wild seaweed harvest from waters within or adjacent to Natura 2000 sites may require specific assessment, particularly where the harvested species or its habitat is a feature of the site's conservation objectives.
• Algae cultivation that alters water quality, current patterns, or light availability in a Natura 2000 site could trigger the Appropriate Assessment requirement.

Producers should check whether proposed sites are within or near Natura 2000 areas using the Commission's Natura 2000 Viewer before finalising site selection.

Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869, OJ L, 29.7.2024. EUR-Lex

Relevance to algae: This recently adopted Regulation establishes binding targets for the restoration of degraded ecosystems, including marine and coastal habitats. While primarily a conservation instrument rather than a production regulatory instrument, it has implications for algae producers:

• Restoration targets for marine habitats (seagrass beds, kelp forests, shellfish beds) and coastal wetlands may create new designated protected areas in zones where seaweed harvesting or aquaculture currently occurs or is planned.
• The “no deterioration” obligation (Art. 4) applies immediately: member states must not allow the deterioration of the habitats for which restoration targets have been set, which may affect permits for new coastal or marine aquaculture installations.

This is a very recent Regulation and its practical implementation consequences for aquaculture permitting are still being assessed.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (ABS), adopted under the Convention on Biological Diversity (CBD), is implemented in EU law by:

Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union, OJ L 150, 20.5.2014, p. 59.

Relevance to algae: The Nagoya Protocol ABS framework applies when accessing genetic resources — including living algal specimens, samples, or genetic material — from countries that are parties to the Protocol and have ABS legislation in place. For algae, this is relevant in the context of:

• Strain development and research: a company or research institution accessing a novel algal strain from a country with ABS legislation (e.g. collected in a marine or freshwater environment in a third country) must comply with that country's access rules and enter into a mutually agreed terms (MAT) arrangement if the resource is used for research or development.
• Commercial utilisation: using a genetic resource for commercial product development (a new algal strain with desirable traits, a bioactive compound isolated from a wild specimen) triggers ABS compliance obligations.
• Due diligence declaration: EU users of genetic resources are required to demonstrate due diligence (that the resource was accessed legally and benefit-sharing arrangements are in place) at specified checkpoints, including when receiving research funding and when seeking product market authorisation.

ABS compliance failures can result in fines and the suspension of activities using the genetic resource. For algae companies developing novel strains from wild collections in biodiversity-rich regions, early legal assessment of ABS obligations is essential.

• Introduce only species permitted under Regulation (EC) No 708/2007 — obtain the required permit before introducing any non-native species into an open aquaculture system; exploit the closed containment exemption where possible to avoid the permit requirement.
• Check the IAS Union list before cultivating any non-native species to confirm it is not listed or proposed for listing as invasive.
• Screen proposed production sites against the Natura 2000 viewer and engage early with the permitting authority if the site is near a protected area.
• For new strains collected from third countries, assess ABS obligations at the point of access, not at the point of commercialisation — retroactive compliance is possible but costly.
• Track the Nature Restoration Regulation implementation — new restoration designations may affect the viability of proposed coastal or marine cultivation sites.

See also: Aquaculture and Wild Harvesting | Spatial Planning, Permits and Water Use | GMO Regulation | Intellectual Property

Last reviewed: June 2026.