Natural England

What are European protected species?

European Protected Species are animals and plants that receive protection under the Conservation (Natural Habitats &c.) Regulations 1994 and as amended in 2007 [224 kB].

You can download a full list of all Species listed on Annex IV of the Habitats Directive with common names [123 kB], including those not resident in the UK.

What changes came into force on 21 August 2007?

On 21 August 2007 an amendment to the Conservation (Natural Habitats &c.) Regulations 1994 came into force. The Conservation (Natural Habitats &c.) (Amendment) Regulations 2007 [224 kB] have a variety of consequences for the protection of European Protected Species and for Natural England's licensing processes.

There is detailed guidance on these changes on the Defra site:

• Habitats Regulations Questions & Answers
• Further guidance on the amendments to the Habitats Regulations
• Press release

Additional species added to Schedule 2 of the Regulations on 1 October 2008

Three new species were added to Schedule 2 of the Regulations (see http://www.opsi.gov.uk/si/si2008/uksi_20082172_en_1 ): Pool Frog Rana lessonae, Fisher's Estuarine Moth ,Gortyna borelii lunata, and Lesser Whirlpool Ramshorn Snail Anisus vorticulus. Guidance on these species can be found at http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/leaflets.htm

Summary of legal protection of European Protected Species

This information is a guide only. Please refer to the full text of the Regulations and the Amendment [224 kB] for the detail of legal requirements.

European protected animal species and their breeding sites or resting places are protected under Regulation 39. It is an offence for anyone to deliberately capture, injure or kill any such animal or to deliberately take or destroy their eggs. It is an offence to damage or destroy a breeding or resting place of such an animal. It is also an offence to have in one's possession or control, any live or dead European protected species.

The threshold above which a person will commit the offence of deliberately disturbing a wild animal of a European protected species has been raised. Now, a person will commit an offence only if he deliberately disturbs such animals in a way as to be likely significantly to affect (a) the ability of any significant groups of animals of that species to survive, breed, or rear or nurture their young, or (b) the local distribution of abundance of that species. For further advice on interpretation of the law regarding disturbance please read our guidance.

Please note that the existing offences under the Wildlife and Countryside Act (1981) as amended which cover obstruction of places used for shelter or protection, disturbance and sale still apply to European protected species.

It is an offence to deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species. It is also an offence for any purpose to possess, sell or exchange such a plant.

The recent amendments to the Habitat Regulations have removed many of the defences. This includes the commonly relied upon 'incidental result defence', which previously covered acts that were the incidental result of an otherwise lawful activity and which could not reasonably have been avoided.

Best practice to avoid committing an offence under the Regulations

People working in the forestry, marine and agricultural sectors are offered some best practice guidance to minimise the risks of committing an offence under the Regulations, see the Forestry, Marine species and Agriculture/Land Managers sections below. For specific guidance on the legislation and particular European protected animals please see our guidance documents.

When is a licence needed and how do I apply?

In circumstances where best practice guidance either cannot be followed or is not applicable, licences can be obtained to allow persons to carry out activities that would otherwise be prohibited, without committing an offence. Natural England has powers to grant licences in England for the purposes below:

• preserving public health or public safety or other imperative reasons of overriding public interest;
• preventing the spread of disease;
• preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries;
• science or education, conservation, ringing or marking;
• possession of species or derivatives.

Please note that Natural England can only issue a licence if it is satisfied that the activity meets one of the above purposes and is also satisfied that there is no satisfactory alternative, and that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range. For the most up-to-date assessments of favourable conservation status please see species assessments on the JNCC site. Following the amendment it will be possible to carry out some activities under a general licence rather than applying in each individual case for a separate specific/individual licence.

If you are unsure of which forms to use or need further advice contact us.

Overiding public interest (OPI)

As part of recent process changes the application forms for development, health and safety, damage and disease have been split into 4 separate documents. All sections are required for a completed application, the documents can be sent on CD or pen drive, with one paper copy of all documentation included, or they can be submitted on paper only, in which case they need to be supplied in the quantities noted in brackets below. Please note that the maximum size for drawings is A3.

Application forms are regularly updated. Before starting to complete a new application for a licence please ensure that you use the most up to date forms by downloading them from Application forms and guidance below. Please note that we will no longer be accepting old format great crested newt method statements after 29 February 2008.

Section 1 - Basic application details (submit 2 copies)
Section 2 - Method statement (submit 3 copies)
Section 3 - Reasoned statement (submit 1 copy)
Section 4 - Local Planning Authority consultation (submit 1 copy)

For further details of procedural changes in the way Natural England handles OPI licence applications from October 2007 see the presentation below:

• Changes to EPS licensing procedures [1.6 MB]
• A letter was sent to consultants and other interested parties [41 kB] on 16 August providing an update on the proposals and giving details of the timing.
• A letter was sent to customers in May 2008 [45 kB] about recent changes to the EPS Licensing process and outlining improvements expected in the coming months.

Development

If you intend to apply for a licence for development you are advised to seek the guidance of a consultant ecologist. Natural England's view is that:

• A licence is needed if the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably likely to result in an offence under regulation 39; or
• If the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under regulation 39 then no licence is required. However, in these circumstances Natural England would urge that reasonable precautions be taken to minimise the effect on European protected species should they be found during the course of the activity. If European protected species are found, cease the work until you have assessed whether you can proceed without committing an offence. A licence should be applied for if offences are unavoidable and the work should not be re-started until a licence is obtained.

The application should be completed by the developer and a consultant ecologist. The ecologist will need to be able to demonstrate to the satisfaction of Natural England that they have the relevant skills and knowledge of the species concerned.

Public Health & Safety

Where there is a genuine need to take action that will affect a European protected species for public health and safety reasons you can download advice and licence applications. Contact us for further advice.

Possession

If you wish to possess a live European protected species or a dead specimen or a derivative, you can download our guidance, general licences and the application for an individual or specific licence.

Forestry

Woodland managers can obtain information, best practice guidance and licence application forms (woodland and forest management) from the Forestry Commission or by telephone 0845 3673787 (0845 FORESTS).

Marine species

If you have a query about a marine European protected species issue (as protected under the Offshore Marine Conservation Regulations 2007) please contact JNCC on 01224 655701 or 655716 or 655718 for guidance. The JNCC's Interim guidance on interpreting the deliberate disturbance offence with regards to marine European Protected Species (cetaceans, turtles and sturgeon) for English and Welsh territorial waters and the UK offshore marine area is now online at www.jncc.gov.uk/page-4145.

Licences for action affecting marine European protected species beyond 12 nautical miles can be obtained from the Marine and Fisheries Agency . Licences for action up to 12 nautical miles can be obtained from Natural England (England only). Please note this form is not yet available but will be shortly.

Agriculture/Land managers

Guidance on best practice for land managers is available.

Bats in dwelling houses

If you have a concern such as bats in your loft space download the guidance or contact your local batline service for advice. Alternatively you may wish to find information from the Bat Conservation Trust website.

Application forms and guidance

Applications and guidance for OPI, damage or disease

Note: Application forms are regularly updated. Before starting to complete a new application for a licence please ensure you use the most up to date forms by downloading them from this website. All application forms in Word can be completed electronically.

Also, see Amphibian disease precautions: a guide for UK fieldworkers [148 kB] for guidance on biosecurity and prevention of spread of chytrid fungus and other diseases

Form	Ref No.
Application for a licence in respect of great crested newts affected by development or public health and safety, damage or disease
Great crested newt mitigation guidelines	newt1 WML-G04 - Handy hints for obtaining a great crested newt development licence WML-G05 - Experience in great crested newt mitigation: guidance for ecologists
Application for a licence in respect of bat species affected by development or public health and safety, damage or disease
Bat mitigation guidelines Handy hints for obtaining a bat development licence Example of a good Method Statement for a fictitious location. This is provided to show applicants the level of compensation for bats that Natural England may look for when assessing bat applications. No two situations are exactly the same; the example describes a farm with Brown Long-eared Bat and Common Pipistrelle Bats. Real sites supporting these species may require adaptations of those ideas in the example provided, and the needs of other species e.g. Natterer's Bat and horse-shoe bats may be quite different.	IN136 Handy hints - bats Example Method Statement - bats [152 kB]
Application for a licence in respect of dormice affected by development or public health and safety, damage or disease
Application for a licence in respect of all other European protected species affected by development or public health and safety, damage or disease
Licence process guidance

Application forms and advice for science, education and conservation licences

Form	Ref No.
Application form for European protected animals for science, education or conservation - Schedule 2 species. Please note there is a separate form for bats below	WML-A29
Application form for European protected animals (general) for science, education or conservation Schedule 3 species.	WML-A30
Otter Surveys - when do I need a licence ?	WML-G02 (04/08) [38 kB]
Application form for bats for science, education or conservation
Reference guidance	Reference template

Bats - householders & batworkers - guidance

Form	Ref No.
Guidance for householders	NEGB1
Batworkers Manual (JNCC)	Batmanual
Focus on bats (general information on bats)	NE23
Bats in churches: a management guide (Natural England and English Heritage)	TIN043
Bats and human health	BatHhealth [107 kB]

Guidance, applications and general licences for possession or sale

Form	Ref No.
Guidance on possession, sale, transport and exchange of Annex IV species	NEPG1 [176 kB]
Application to possess a European protected species
Application to sell a European protected species
General Licence for possession of dead specimens for museums, research and educational establishments	WML Gen-L02
General Licence for possession of dead specimens by members of the Guild of Taxidermists	WML Gen-L03
General Licence for people submitting bats to the VLA for Rabies testing	WML Gen-L04

Guidance for land managers

Form	Ref No.
General guidance to land managers	ESISGG
Guidance on disturbance: interpreting the legislation	ESISGD [210 kB]
Guidance for land managers regarding great crested newts	ESIS01 [100 kB]
Guidance for land managers regarding dormice	SIN005
Guidance for land managers regarding otters	SIN006
Guidance for land managers regarding smooth snakes	SIN007
Guidance for land managers regarding sand lizards	SIN008
Guidance for land managers regarding Natterjack toads	SIN009
Guidance for land managers regarding bats	SIN010

Notes:
1. Documents marked ** are in the process of being drafted and will be available in the near future.
2. Microsoft Word documents, Excel spreadsheets - If you don't already have the software to view these Microsoft document formats, the following free software is available:
- For PCs running Microsoft Windows: Word Viewer, Excel Viewer
- OpenOffice.org, a free office suite for Windows, Mac, Linux and other operating systems.

Licence compliance checks

Natural England monitors compliance of licences issued. Licensees should be aware that they may receive a request for a site visit by one of the Wildlife Advisers to assess site conditions against the details given in the Method Statement or other part of the licence. It is possible that Natural England may undertake a site visit prior to the issue of a licence to confirm that the details of the site are accurately stated in the application. The majority of site visits will be arranged several days in advance and will be conducted in the presence of the licensee or applicant.