European Protected Species
Advice, licensing and legislation relating to European Protected Species.
On this page
- What are European Protected Species?
- Legal protection
- Latest news
- EPS newsletters
- Advice and best practice
- Licences and how to apply
- Licence compliance checks
- Contact us
- Further information
What are European Protected Species?
European Protected Species are animals and plants that receive protection under the Conservation of Habitats and Species Regulations 2010
, in addition to the Wildlife and Countryside Act 1981 (as amended).
Legal protection
European protected animal species and their breeding sites or resting places are protected. 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. Please note that deliberate is taken to mean both intentionally and recklessly.
It is also an offence to have in one's possession or control, any live or dead species listed on Annex IV of the Habitats Directive not just those with a British range. In relation to disturbance a person will commit an offence 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. Deliberately is taken to mean actions that were intentional or reckless. For further advice on interpretation of the law regarding disturbance please read our guidance: (211kb)
.
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 while occupying such a place and sale also 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.
In 2007 many of the defences in the original regulations were removed. This included 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.
The above is a summary only, please refer to the full text of the Conservation of Habitats and Species Regulations 2010 for the detail of legal requirements.
Latest news
(16 May 2013) Natural England has published new guidance: (180kb) on the capture and marking of bats. It has been written with Professor John Altringham and Dr Anita Glover from Leeds University. Anyone wishing to capture and mark bats may only do so under a licence and this guidance is essential reading.
(29 April 2013) We have simplified the GCN licensing process in a move designed to see more GCN applications receiving a licence on the 1st submission. Please read our FAQs: (90kb)
which explain the annexed licence process, what it involves and see the application page for the new and revised templates. Also see the latest EPS Newsletter Announcement which explains this in more detail.
(27 March 2013) Please note Natural England has updated the application form for bat mitigation licences WML-A13.1: (337kb) to take into account the recent Class Survey Licences. Always ensure that the latest forms are downloaded when completing a new application please.
EPS Newsletters
Newsletters outlining the latest developments for EPS mitigation licensing.
Advice and best practice
People working in the agriculture, forestry and marine sectors are offered a range of best practice guidance material to minimise the risks of committing an offence under the Conservation of Habitats and Species Regulations 2010. For general guidance to land managers and specific guidance on the legislation and particular European protected animals please see our guidance documents below. For forestry and marine sectors please the appropriate sections. Please be aware that Natural England cannot agree non licensable works.
General
| Best practice guidance | Summary | Audience |
|---|---|---|
| General guidance: (21kb) | General guidance on working alongside EPS. | General. |
| Disturbance: interpreting the legislation: (211kb) | Guide to interpreting disturbance. | General. |
Great crested newts: (100kb) | Summary of species, its legal protection and avoiding offences. | Land managers. |
Forestry
Woodland managers can obtain information, best practice guidance from the Forestry Commission or by telephone 0845 3673787 (0845 FORESTS).
Forestry Commission also provide: safeguarding protected species, European Protected Species checklist and five best practice guidance documents (below) on managing woodland and protected species in England.
| Best practice guidance | Summary | Audience |
|---|---|---|
| Bats Dormice Great crested newt Otter Sand lizard and smooth snake | Basic species biology, offences, best practice to minimise risk of offences and when to apply for a licence. | Foresters, woodland owners. |
Specific species advice
Licences and how to apply
- Background
- Generic licensing guidance for consultants and developers
- Survey and research licences
- Mitigation licences
- Possession and sale licences
Background
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.
We have introduced a discretionary chargeable service to provide advice on certain mitigation licences – for further details please see pre-submission screening service for EPS mitigation applications.
It is possible to carry out some activities under a General Licence or Class Licence rather than applying in each individual case for a separate specific/individual licence.
If you intend to apply for a licence for development you are advised to seek the guidance of a suitably experienced consultant ecologist. Natural England's view is that:
A licence is needed if the experienced 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 41; or
No licence is required if the experienced consultant ecologist, on the basis of survey information, assessment of impacts and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under regulation 41.
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 applicant and a suitably experienced 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.
Generic licensing guidance for consultants and developers
| Guidance | Summary |
|---|---|
| European Protected Species – how to get a licence. WML-G12: (928kb) | If you wish to apply for an EPS Mitigation licence, please read this guidance first. It explains the information you must provide and why, and it will help you understand the process. |
| EPS licensing and the planning process | The approach Natural England’s wildlife licensing team takes when assessing a EPS mitigation licence applications against the three ‘tests’, as set out in the Conservation of Habitats and Species Regulations 2010 (Habitats Regulations). |
| Guidance - Economic downturn and EPS mitigation licensing WML-G15: (214kb) | Advice and actions that may be required where financial pressures impact on developments subject to EPS mitigation licences. |
| Providing unnecessary “over-mitigation/compensation” will not secure a mitigation licence: (69kb) | Details on Natural England’s position on over mitigation in relation to licensing. |
| Nationally Significant Infrastructure Projects (NSIPs) and EPS: (483kb) | Guidance to help developers and consultant ecologists understand the process for engaging with Natural England about Nationally Significant Infrastructure Projects (NSIPs) and issues relating to EPS. |
Survey and research licences
If you wish to carry out a survey, research or conservation project - application forms and guidance are below. Many activities can now be carried out under Class Survey Licences for great crested newt, bats, white-clawed crayfish, dormice and lesser whirlpool ram’s-horn snail.
| Application form | Guidance | Report/renewal |
|---|---|---|
| Bat licensing Great crested newt licensing Dormouse licensing | Guidance provided within the individual species links in the left hand column. | |
| European protected animals (except bats) Schedule 2 for survey, science, education or conservation WML- A29: (175kb)
(e.g. Natterjack toad, pool frog in relation to surveys, science, education or conservation) Reference template: (74kb) | Schedule 2 Species List Guidance on references for applicants: (47kb) | WML-LR2930: (107kb) |
| European protected animals (general) for science, education or conservation Schedule 3 species WML-A30: (173kb) (e.g. Research project on polecat) Reference template: (74kb) | Schedule 3 Species List Guidance on references for applicants: (47kb) | WML-LR2930: (107kb) |
Mitigation licences
| Application form | Guidance | Report/renewal |
|---|---|---|
| Bat licensing Great crested newt licensing Dormouse licensing | Guidance provided within the individual species links in the left hand column. | |
European protected species (except bats, dormice and newts) for all activities other than research, education and conservation.
Please note all 3 sections must be completed (e.g. housing development affecting sand lizard or natterjack toad)
| EPS Species List |
Possession and sale licences
If you wish to possess a live European Protected Species or a dead specimen or a derivative, forms and guidance are below. These licences allow legal possession of dead specimens for educational, scientific or disease purposes.
Possession of protected species - General and Class licences
| Description | Who can use this | How to register |
|---|---|---|
For possession of dead specimens by members of the Guild of Taxidermists WML-GL02: (110kb) | Members of the Guild of Taxidermists | General licence not required to register |
| WML - CL01: (59kb) Licence to possess and transport dead specimens and/or derivatives of wild plant and animal species listed on Annex IV and II(b) of the Habitats Directive for scientific or educational purposes to preserve public health or public safety, or to prevent damage. | Museums, research or educational establishments listed on Annex A or B of the licence | You must notify Customer Services Wildlife Licensing in writing within one month of first possessing a specimen of one of the protected species |
| WML - CL06: (135kb) Licence to possess and or transport dead specimens of species listed on Annex IVa of the EC Habitats Directive that were collected before 21 August 2007, for scientific or educational purposes. | Any person who has registered may use this licence | You need to notify the Customer Services Wildlife Licensing in writing that you wish to use the licence |
Sale of protected species - General and Class licences
| Description | Who can use this | How to register |
|---|---|---|
WML - CL07: (139kb) | Any person who has registered may use this licence | You must notify the Customer Services Wildlife Licensing in writing within one month of first possessing a specimen of one of the protected species |
Individual licences - if the above don't apply
| Application form | Guidance | Report/renewal |
|---|---|---|
WML-A37: (286kb) | NEPG1: (176kb) Please ensure you cannot be covered by a Class or General licence for this specific activity | |
WML-A38: (271kb) | Annex IV species list: (148kb) Please ensure you cannot be covered by a Class or General licence for this specific activity | WML-LR38: (208kb) |
Licence compliance checks
Natural England monitors compliance of licences issued. Licensees should be aware that they may receive a request for a compliance check which will assess against the details given in the Method Statement or other part of the licence. This may be carried out by phone or site visit by one of the Wildlife Advisers. 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.
Contact us
Please contact Customer Services Wildlife Licensing for further information and guidance.
Further information
Please see our advice pages for the full suite of licensing advice provided by Natural England.
