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Wildlife Management and Licensing: European Protected Species
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
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.
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.
| Form | Ref No. |
|---|---|
| Application for a licence in respect of great crested newts affected by development or public health & safety, damage or disease - please note that this form is now in 4 separate sections, all need to be completed. Method Statements for great crested newt mitigation licences must now be produced using the Excel form WML-A14-2, please note that we will be not accepting old format method statements after 29 February 2008. We welcome comments to help us improve the template (email wildlifeprojectmanagement@naturalengland.org.uk with "newt template feedback" in the subject.) Please note that guidance pages on completion of the template are included within the form. | WML-A14-1 basic details  [274 kB]WML-A14-2 method statement  [548kB]WML-A14-3 reasoned statement [104 kB]WML-A14-4 LPA [230 kB] |
| Great crested newt mitigation guidelines 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 |
newt1 |
| Application for a licence in respect of bat species affected by development or public health & safety, damage or disease - please note that this form is now in 4 separate sections, all need to be completed. | WML-A13-1 basic details [303 kB] WML-A13-2 method statement [118 kB]WML-A13-3 reasoned statement [104 kB]WML-A13-4 LPA [230 kB] |
| Bat mitigation guidelines | IN136 |
| Application for a licence in respect of dormice affected by development or public health & safety, damage or disease - please note that this form is now in 4 separate sections, all need to be completed. | WML-A35-1 basic details [273 kB] WML-A35-2 method statement [117 kB]WML-A35-3 reasoned statement [104 kB]WML-A35-4 LPA [230 kB] |
| Application for a licence in respect of all other European protected species affected by development or public health & safety, damage or disease - please note that this form is now in 4 separate sections, all need to be completed. | WML-A12-1 basic details [277 kB] WML-A12-2 method statement [119 kB]WML-A12-3 reasoned statement [104 kB]WML-A12-4 LPA [209 kB] |
| Application form for marine European protected species affected by development or public health & safety, damage or disease | **WML-A40 |
| Licence process guidance - including details of new procedures | WML-G12 [360 kB] |
Application forms and advice for science, education and conservation licences
| Form | Ref No. |
|---|---|
| Application form for European protected animals (general) for science, education or conservation - Schedule 2 species. This application can be completed ONLINE Please note there is a separate form for bats below WML-A34 |
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 | WML-A34 |
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 (English Heritage) | XH20094 [2.47 MB] |
| 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 | WML-A37 [259 kB] |
| Application to sell a European protected species | WML-A38 [235 kB] |
| 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.