Advanced Search

Nature Protection Act, 1991


Published: 1991-05-09

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

NATURE PROTECTION ACT, 1991

Principal Act

Act. No. 1991-11 Commencement 9.5.1991

Assent 9.5.1991

Amending

enactments

Relevant current

provisions

Commencement

date

Act. 1992-08 ss. 5(1)(d)(e)(f), (4), 10(1)

(d)(e)(f),(2),3(a) and (6)

9.7.1992

LN. 1995/118 ss. 2(1)(3A), 2A, 3(1)(d)(c),

5(1)(e)(ee), 17A to Z, 17AA,

17BB, 17CC, 17DD, 18(1) and

Schs 4 to 7

1.9.1995

Act. 1997-15 Sch 5 10.4.1997

2001-23 s. 24A 12.7.2001

2005-41 ss. 2, 5(1)(e) and (ee), 17S, 17W,

17XA, 17Y, 23, Sch. 5, Sch. 7 and

Sch. 8

14.7.2005

2007-12 ss. 2, 2A, 3(1)(bb), 17M, 17PA,

17RA, 17RB, 17T, 17U, 17V,

17VA, 17VB, 17VC, 17X, 17Y,

17Z, 17AB, 17EE, 17FF, 17GG,

17HH, 18(1)-(10), 20, 24, 24A,

Schs. 4, 5, 7 & 9

30.4.2007 *

2007-17 ss. 5(2), 10(4), 13(1), (2), (3) & (7),

17CC(3) & (4), 18(1), (2), (3), (4)

& (6), 21(1) & (2), 24

14.6.2007

LN. 2008/026 Sch. 5 10.4.2008

Act. 2009-07 ss. 17PA(1), (1A) & (2), 17RA(1),

(2) & (3), 17RB(1) & (2),

17T(1)(b)(i), 17U(5), 17VA(1),

(2), (3) & (4), 17VB(1)

15.1.2009

LN. 2010/145 ss. 2(1), (3A), 3(1), 5(1) & (2), 6,

7A, 10, 12, 12A, 13(1)(g) & (h),

(5) & (6A), 13A, 17DA , 17DB,

17E, 17G, 17H, 17P, 17PA,

17RA(1), 17XA(2)(a) & Sch. 8

9.9.2010

2011/012 ss. 2(1) & (4), 17A(1) & (2),

17DA(2)(b), 17G(1), 17GA,

17GB, 17PA(1), (2) & (4), 18ZA

& 18(2)

10.2.2011

Act. 2011-19 1 ss. 24A, 24B, 24C, 24D, 24E, 24F &

* Commencement notice LN. 2007/062

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Sch. 10 18.8.2011

2012/033 ss. 2B, 2C, 7A(2)(a)-(e), 13(6A),

17DA(1)(b), 17E, 18(1)(b) & (c) &

21A

19.3.2012

2013/137 Sch. 5 & 8 10.10.2013

Act. 2013-24 s. 10(1)(b) & (ba) 31.10.2013

LN. 2013/173 ss. 7A(4) & 18ZA 5.12.2013

Act. 2013-16 ss. 13(1)(i), (2)(f), 18(5), (5)(a)(ia),

(5)(b) & 24(e)

12.12.2013 2

EU Legislation/International Agreements involved:

Directive 79/409/EEC

Directive 92/43/EEC

Directive 2006/105/EC

Directive 2009/147/EC

Directive 2013/17/EU

English sources:

None cited

1 The provisions of Schedule 10 of the Nature Protection Act inserted by this

amendment supersede all other arrangements relating to admission fees to the Upper Rock Nature Reserve and fees collected under such other arrangements shall be deemed to have been duly collected under this Act. 2 LN. 2013/179

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY.

Section

1. Short Title.

2. Interpretation and application.

PART II.

PROTECTION OF WILD BIRDS, WILD ANIMALS AND WILD

PLANTS.

2A. Disapplication.

2B. Assessment and protection of wild bird species.

2C. Directions.

3. Protection of wild birds, their nests and eggs.

4. Exceptions to section 3.

5. Prohibition of certain methods of hunting, killing, injuring or taking wild

birds.

6. Sale etc of wild or dead wild birds, eggs etc.

7. Protection of captive birds.

7A. Special conservation measures.

8. Protection of certain wild animals.

9. Exceptions to section 8.

10. Prohibition on certain methods of killing or taking wild animals.

11. Protection of wild plants.

12. Introduction of new species of animals or plants.

12A. Introduction of new species of birds.

13. Power to grant licences.

13A. Implementation reports.

14. False statements

15. Attempts to commit offences.

16. Enforcement.

17. Penalties, forfeitures etc.

PART IIA

DESIGNATION OF SITES, ETC.

17A. Application etc..

Designation of sites under the Habitats Directive

17B. Selection of sites eligible for identification as of Community

importance.

17C. Adoption of list of sites: designation of special areas of

conservation.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

17D. Consultation as to inclusion of site omitted from the list.

Designation of sites under the Wild Birds Directive

17DA. Designation of special protected areas.

17DB. Information to be sent to the European Commission.

European Sites

17E. Meaning of “European site” and “European Marine site”.

17F. Notice to landowners, relevant persons, etc..

17G. Management agreements.

17GA. Management Agreements: determination by Minister.

17GB. Appeal to the Magistrates’ Court.

17H. Notification of potentially damaging operations.

17J. Restriction on carrying out operations specified in notification.

17K. Supplementary provisions as to consents.

17L. Provisions as to existing notices and consents.

17M. Power to make special nature conservation order.

17N. Restriction on carrying out operations specified in a special nature

conservation order.

17P. Supplementary provisions as to consents.

17PA. Prevention of deterioration.

17Q. European Marine Site.

17R. Management scheme for European Marine Site.

Surveillance

17RA. Surveillance of conservation status of habitats and species.

Protection of animals

17RB. Protection of certain animals from exploitation.

17S. Repealed.

17T. Protection of certain wild animals.

17U. Exemptions from section 17T.

17V. Prohibition of certain methods of taking or killing wild animals.

17VA. Monitoring incidental capturing and killing.

17VB. Protection from incidental capture and killing.

17VC. Minister may make Regulations.

17W. Repealed.

Protection of plants

17X. Protection of certain wild plants.

Trade in wild birds of European Origin

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

17XA. Protection of wild birds of European origin.

Licences

17Y. Grant of licences for certain purposes.

17Z. Licences: supplementary provisions.

17AA. False statements made for obtaining licence.

17AB. Offence of breaching a licence condition.

Miscellaneous

17BB. General provisions for protection of European sites.

17CC. Considerations of overriding public interest.

17DD. Information for Commission.

PART IIB

APPROPRIATE ASSESSMENTS FOR LAND USE PLANS

17EE. Interpretation for Part IIB.

17FF. Assessment of implications for European site or European marine

site.

17GG. Considerations of overriding public interest.

17HH. Compensatory measures.

PART III.

NATURE CONSERVATION.

18ZA. Protection of habitats from pollution or deterioration.

18. Areas of special interest.

19. Penalties in relation to nature conservation areas and marine nature

areas.

20. Scientific Authorities.

21. Wildlife Warden.

21A. Promotion of research etc.

22. Offences by bodies corporate etc.

23. Amendment to Schedules.

24. Regulations.

24A. Fees for entry into a nature conservation area.

24B. Fees for entry into tourist sites within a nature conservation area.

24C. Fees (Miscellaneous).

24D. Terms and conditions of entry.

24E. Offences.

24F. Exclusion Orders.

25. Amendment to Animals and Birds Act.

SCHEDULE 1 – SPECIFIED WILD ANIMALS.

SCHEDULE 2 – EXCLUDED PLANTS.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 3 – ENDANGERED WILD BIRDS, WILD ANIMALS

AND WILD PLANTS.

SCHEDULE 4 – PROCEDURE IN CONNECTION WITH ORDERS

UNDER SECTION 17M.

SCHEDULE 5 – EUROPEAN PROTECTED SPECIES OF ANIMALS.

SCHEDULE 6 – ANIMALS WHICH MAY NOT BE TAKEN OR

KILLED IN CERTAIN WAYS.

SCHEDULE 7 – Repealed

SCHEDULE 8 – THIS SCHEDULE REPRODUCES THE TEXT OF

DIRECTIVE 2009/147/EC OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL OF 30

NOVEMBER 2009 ON THE CONSERVATION OF

WILD BIRDS

SCHEDULE 9 – WILD BIRDS WHICH RE-USE THEIR NESTS

SCHEDULE 10 − ADMISSION FEES

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

AN ACT TO PROVIDE FOR THE PROTECTION OF WILD BIRDS,

ANIMALS AND PLANTS AND FOR THE DESIGNATION AND

PRESERVATION OF PROTECTED AREAS FOR THE PURPOSE OF

NATURE CONSERVATION AND MATTERS INCIDENTAL

THERETO.

PART I.

PRELIMINARY.

Title and commencement.

1. This Act may be cited as the Nature Protection Act 1991 and shall come

into effect on a date to be appointed by the Governor by notice in the

Gazette and different days may be so appointed for different purposes.

Interpretation and application.

2.(1) In this Act, unless the context otherwise requires–

“advertisement” includes a catalogue, circular of pricelist;

“animal of a European protected species” means an animal listed in

Annex IV(a) to the Habitats Directive;

“aviculture” means the breeding and rearing of birds in captivity;

“biotope” has the same meaning given to it in the Wild Birds Directive;

“BGTW” means British Gibraltar Territorial Waters which is the area of

sea, the sea bed and subsoil within the seaward limits of the

territorial sea adjacent to Gibraltar under British sovereignty and

which, in accordance with the United Nations Convention on the

Law of the Sea 1982, currently extends to three nautical miles and

to the median line in the Bay of Gibraltar;

“destroy”, in relation to an egg, includes doing anything to the egg which

is calculated to prevent it from hatching, and “destruction” shall be

construed accordingly;

“European site” and “European marine site” have the meanings given

them in section 17E;

“firearm” has the meaning given to it in section 2 of the Firearms Act;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

“habitat” means an area used in relation to wild birds and animals for

feeding, breeding and nesting and in relation to wild plants the area

in which normal growth occurs;

“Habitats Directive” means Council Directive 92/43/EEC on the

conservation of natural habitats and of wild fauna and flora as the

same may from time to time be amended (which is reproduced in

Schedule 5 for information purposes);

“marine nature area” means an area designated under section 18(2);

“Minister” means the Minister with responsibility for the Environment;

“Nature Conservancy Council” means such Nature Conservancy Council

as may be established under section 20, as a scientific authority and

as the Minister may specify as the Nature Conservancy Council for

the purposes of this Act;

“nature conservation area” means an area designated under section 18(1);

“pick”, in relation to a plant, means gather, cut or pluck any part of the

plant without uprooting it;

“plant of a European protected species” means a plant listed in either

Annex II(b) or Annex IV(b) to the Habitats Directive;

“poultry” means domestic fowls, geese, ducks, guinea fowls, pigeons,

quails and turkeys;

“sale” includes hire, barter and exchange and cognate expressions shall

be construed accordingly;

“special area of conservation” or “SAC” means a site designated under

section 17C;

“special protection area” or “SPA” means a site designated under section

17DA;

“uproot”, in relation to a plant, means dig up or otherwise remove the

plant from the land or other medium on which it is growing;

“vehicle” includes aircraft, hydrofoil, hovercraft and boat;

“wild animal” means any animal (other than a bird) of a kind which is or

(before it was killed or taken) was resident in or a visitor to

Gibraltar in a wild state;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

“wild bird” means any bird, other than poultry, of a kind which is

ordinarily resident in or is a visitor to Gibraltar in a wild state and

species of naturally occurring birds in the wild state which are

native to any Member State;

“Wild Birds Directive” means Directive 2009/147/EC of the European

Parliament and of the Council of 30 November 2009 on the

conservation of wild birds, as the same may from time to time be

amended (and which is reproduced in Schedule 8 for information

purposes);

“wild bird of European origin” means any wild bird of a species which is

ordinarily resident in or a visitor to the European territory of

another member State;

“wild plant” means any plant which is or (before it was picked, uprooted

or destroyed) was growing wild and is of a kind which grows in

Gibraltar in a wild state.

(2) A bird shall not be treated as bred in captivity for the purpose of this

Act unless its parents were lawfully in captivity when the egg was laid.

(3) Any reference in this Act to an animal or bird or any species includes,

unless the context otherwise requires, a reference to an egg, larva, pupa, or

other immature stage of an animal or bird of that species.

(3A) Unless the context otherwise requires expressions used in Part IIA and

in the Habitats Directive have the same meaning as in that Directive.

(3B) Unless the context otherwise requires expressions used in this Act

and in the Wild Birds Directive have the same meaning in this Act as they

have in that Directive.

(4) This Act applies to−

(a) BGTW; and

(b) any area of sea, the sea bed and subsoil within the limits of the

exclusive economic zone adjacent to Gibraltar, when and if

that zone is established.

PART II PROTECTION OF WILD BIRDS, WILD ANIMALS AND WILD

PLANTS.

Disapplication.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2A. Unless otherwise stated, this Part shall not apply in respect of an animal

of a European protected species or to a plant of a European protected

species.

Assessment and protection of wild bird species.

2B.(1) The Minister, through appropriate means, must establish the

conservation status of all wild bird species which are either resident in or

visitors to Gibraltar, BGTW or to both, and shall conduct such periodic

reviews as may be required to maintain such information relevant and up to

date.

(2) Based on the information obtained under subsection (1) the Minister

must take such measures as are required to maintain or adapt the population

of such wild bird species at a level which corresponds in particular to

ecological, scientific and cultural requirements, while taking account of

economic and recreational requirements.

(3) In the light of the duties under subsection (2) the Minister must by

order take such measures as are required to preserve, maintain or re-

establish a sufficient diversity and area of habitats for all the wild bird

species to which this section applies.

(4) For the purposes of subsection (3) the preservation, maintenance and

re-establishment of biotopes and habitats shall include primarily the

following measures−

(a) creation of protected areas;

(b) upkeep and management in accordance with the ecological

needs of habitats−

(i) inside; and

(ii) outside,

the protected zones;

(c) re-establishment of destroyed biotopes;

(d) creation of biotopes.

(5) Where the Minister makes an Order under this section in respect of

an area of land or sea, the Minister may declare that area shall be treated for

the purposes of this Act as a European Site or European Marine Site.

Directions.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2C.(1) In furtherance of any matter provided for under section 2B, the

Minister may issue a Direction in writing specifying the action to be taken

by the person named therein and within the time stated.

(2) A person who without reasonable excuse fails to comply with such a

direction shall be guilty of an offence and shall be liable on summary

conviction to a fine up to level 3 on the standard scale.

Protection of wild birds, their nests and eggs.

3.(1) Subject to the provisions of this Part, if any person intentionally–

(a) hunts, kills, injures or takes any wild bird;

(b) takes, damages or destroys the nest of any wild bird by any

method while that bird’s nest is in use or being built;

(bb) takes, damages or destroys the nest of any wild bird included in

Schedule 9;

(c) takes or destroys an egg of any wild bird; or

(d) disturbs any wild birds,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person has in his

possession or control–

(a) any live or dead wild bird or any part of, or anything derived

from, such a bird; or

(b) any egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) if he

shows that–

(a) the bird or egg had not been killed or taken, or had been killed

or taken otherwise than in contravention of the provisions of

this Part; or

(b) the bird or egg or other thing in his possession or control had

been sold (whether to him or any other person) otherwise than

in contravention of those provisions.

(4) Subject to the provisions of the Part, if any person intentionally–

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) disturbs any wild bird while it is building a nest or is in, on or

near a nest containing eggs or young; or

(b) disturbs dependent young of such a bird,

he shall be guilty of an offence.

(5) In this section “ wild bird” does not include any bird which is shown–

(a) to have been bred in captivity; or

(b) to have been imported into Gibraltar in accordance with the

requirements of any other relevant Act.

Exceptions to section 3.

4.(1) Notwithstanding anything in the provisions of section 3, a person shall

not be guilty of an offence by reason of–

(a) the taking of any wild bird, if he shows that the bird had been

disabled otherwise than by his unlawful act and was taken

solely for the purpose of passing that bird within a period of 12

hours to a person licensed under section 13(1) to tend it and

release it when no longer disabled;

(b) the killing of any wild bird, if he shows that the bird had been

so seriously disabled otherwise than by his unlawful act that

there was no reasonable chance of its recovering; or

(c) any act made unlawful by those provisions, if he shows that the

act was the incidental result of a lawful operation and could not

reasonably have been avoided.

(2) Notwithstanding anything in the provisions of section 3, a person

licensed under section 13 shall not be guilty of an offence by reason of–

(a) the killing or taking of a wild bird or the injuring of such bird

in the course of an attempt to kill it;

(b) the taking, damaging or destruction of the nest of a wild bird;

(c) the taking or destruction of any egg of a wild bird; or

(d) the disturbance of a wild bird or dependent young of such a

bird,

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

where that act was carried out in accordance with and for the purposes of

the licence.

Prohibition of certain methods of hunting, killing, injuring or taking

wild birds.

5.(1) Without prejudice to section 3(1), if a person, with a view to hunting,

killing, injuring or taking a wild bird

(a) sets in position any of the following articles, being an article

which is of such a nature and is so placed as to be calculated to

cause bodily injury to any wild bird coming into contact

therewith, that is to say, any spring, traps, gin , snare, hook and

line, any electrical device for killing, stunning or frightening or

any poisonous, poisoned or stupefying substance;

(b) uses any such article as is specified in paragraph (a), whether

or not of such a nature and so placed as specified in paragraph

(a), or any net, baited board, bird-lime or substance of a like

nature to bird-lime;

(c) uses–

(i) any bow or crossbow, sling or catapult;

(ii) any explosive;

(iii) any automatic or semi-automatic weapon;

(iv) any shotgun;

(v) any device for illuminating a target or any sighting

device for night shooting;

(vi) any form or artificial lighting or any mirror or other

dazzling device;

(vii) any gas or smoke not falling within paragraphs (a) or (b);

(viii) any chemical wetting agent; or

(ix) any live animal or bird;

(d) uses as a decoy, any sound recording or any live bird or other

animal whatever which is tethered, or which is secured by

means of braces or other similar appliances, or which is blind,

maimed or injured;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(e) uses any mechanically propelled vehicle in immediate pursuit

of a wild bird; or

(f) knowingly causes or permits to be done an act which is

mentioned in the foregoing provisions of this subsection,

he shall be guilty of an offence.

(2) Repealed.

(3) In any proceedings under subsection (1)(a), it shall be a defence for a

person charged thereunder to show that the article was set in position for the

purpose of killing or taking, in accordance with a licence granted under

section 13, any wild animals which could be lawfully killed or taken by

those means and that he took all reasonable precautions to prevent injury

thereby to wild birds.

(4) In any proceedings under sub-section (1)(f) relating to an act which

is mentioned in sub-section (1)(a), it shall be a defence for a person charged

thereunder to show that the article was set in position for the purpose of

killing or taking, in accordance with a licence granted under section 13, any

wild animals which could be lawfully killed or taken by those means and

that he took or caused to be taken all reasonable precautions to prevent

injury thereby to wild birds.

Sale etc. of wild or dead wild birds, egg etc.

6.(1) Subject to the provisions of this Part, if any person–

(a) sells, offers or exposes for sale, or has in his possession or

transports the purpose of sale, any live wild bird or any readily

recognisable parts or derivatives thereof, an egg of a wild bird

or any part of such an egg; or

(b) publishes or causes to be published any advertisement likely to

be understood as conveying that he buys or sells, or intends to

buy or sell, any of those things,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person shows or causes

or permits to be shown for the purposes of any competition or in any

premises in which a competition is being held–

(a) any live wild bird; or

(b) any live bird one of whose parents was such a wild bird,

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

he shall be guilty of an offence.

(3) In this section “wild bird” does not include any bird which is

shown–

(a) to have been bred in captivity; or

(b) to have been imported into Gibraltar in accordance with the

requirements of any other Act.

Protection of captive birds.

7.(1) If any person keeps or confines any bird whatever in any cage or

other receptacle which is not sufficient in height, length or breadth to permit

the bird to stretch its wings freely, he shall be guilty of an offence.

(2) Subsection (1) does not apply to poultry, or to the keeping or

confining of any bird–

(a) while that bird is in the course of conveyance, by whatever

means;

(b) while that bird is being shown for the purpose of any public

exhibition or competition, if the time during which the bird is

kept or confined for those purposes, does not in the aggregate

exceed 72 hours; or

(c) while that bird is undergoing examination or treatment by a

veterinary surgeon or veterinary practitioner.

(3) Every person who–

(a) promotes, arranges, conducts, assists in, receives money for, or

takes part in, any event whatever at or in the course of which

captive birds are liberated by hand or by any other means

whatever for the purpose of being shot immediately after their

liberation; or

(b) being the owner or occupier of any land, permits that land to be

used for the purposes of such an event,

shall be guilty of an offence.

Special conservation measures.

7A.(1) Where a species of wild bird is included in Annex I of the Wild

Birds Directive, the Minister shall, by Order, adopt special conservation

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

measures concerning their habitats in order to ensure the survival and

reproduction of such species in their area of distribution.

(2) When adopting measures pursuant to subsection (1), the Minister

shall take account of

(a) species in danger of extinction;

(b) species vulnerable to specific changes in their habitat;

(c) species considered rare because of small populations or

restricted local distribution;

(d) other species requiring particular attention for reasons of the

specific nature of their habitat; and

(e) trends and variations in population levels as a background for

evaluations.

(3) When adopting measures pursuant to subsection (1), the Minister

shall classify, in particular, the most suitable territories in number and size

as special protection areas for the conservation of the species in the

geographical sea and land area where this Act applies.

(4) This section shall apply to regularly occurring migratory species not

listed in Annex I, bearing in mind their need for protection on land and

within BGTW, as regards their breeding, moulting and wintering areas and

staging posts along their migration routes.

Protection of certain wild animals.

8.(1) Subject to the provisions of this Part, if any person intentionally

kills, injures or takes any wild animal of a kind specified in Schedule 1, he

shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person has in his

possession or control any live or dead wild animal of a kind specified in

Schedule 1, or any part of, or anything derived from, such an animal, he

shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) if he

shows that–

(a) the animal had not been killed or taken, or had been killed or

taken otherwise than in contravention of the provisions of this

Part; or

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) the animal or other thing in his possession or control had been

sold (whether to him or any other person) otherwise than in

contravention of those provisions.

(4) Subject to the provisions of this Part, if any person intentionally–

(a) damages or destroys, or obstructs access to, any structure or

place which any wild animal of a kind specified in Schedule 1

uses for shelter or protection; or

(b) disturbs any such animal while it is occupying the structure or

place which it uses for that purposes,

he shall be guilty of an offence.

(5) Subject to the provisions of this Part, if any person–

(a) sells, offers or exposes for sale, or has in his possession or

transports for the purpose of sale, any live or dead wild animal

(other than such an animal shown to have been imported into

Gibraltar in accordance with the provision of any other relevant

law) of a kind specified in Schedule 1, or any part of, or

anything derived from, such an animal; or

(b) publishes or causes to be published any advertisement likely to

b e understood as conveying that he buys or sells, or intends to

buy or sell, any of those things,

he shall be guilty of an offence.

(6) In any proceedings for an offence under subsections (1), (2) or

(5)(a), the animal in question shall be presumed to have been a wild animal

unless the contrary is shown.

Exceptions to section 8.

9.(1) Nothing in subsection (4) of section 8 shall make unlawful anything

done within a dwelling house.

(2) Notwithstanding anything in section 8, a person shall not be guilty of

an offence by reason of–

(a) the taking of any such animal if he shows that the animal had

been disabled otherwise than by his unlawful act and was taken

solely for the purpose of tending it and releasing it when no

longer disabled;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) the killing of any such animal if he shows that the animal had

been so seriously disabled otherwise than by his unlawful act

that there was no reasonable chance of it recovering; or

(c) any act made unlawful by that section if he shows that the act

was the incidental result of a lawful operation and could not

reasonably have been avoided.

(3) Notwithstanding anything in section 8, a person licensed under

section 13(2) shall not be guilty of an offence by reason of the killing or

injuring of a wild animal of a kind specified in Schedule 1, if he shows that

his actions are in accordance with the terms of that licence.

Prohibition of certain methods of killing or taking wild animals.

10.(1) Subject to the provisions of this Part, if any person–

(a) sets in position any self-locking snare which is of such a nature

and so placed as to be calculated to cause bodily injury to any

wild animal coming into contact therewith;

(b) uses for the purpose of killing or taking any wild animal any

self-locking snare, whether or not of such a nature or so placed

as aforesaid, any bow or crossbow, any sling or catapult, any

explosive, any electrical device for killing or stunning, any

automatic or semi-automatic weapon, any shotgun, any device

for illuminating a target or sighting device for night shooting,

any drift net, any gill net other than a trammel net, any pot, any

form of artificial light or any mirror or other dazzling device or

any gas or smoke;

(ba) uses for the purpose of killing or taking any wild animal, any

seine or trammel net or device for raking of sea-bed;

(c) uses as a decoy, for the purpose of killing or taking any wild

animal, any live animal or bird whatever or any sound

recording;

(d) uses any mechanical propelled vehicle in immediate pursuit for

the purpose of driving, killing or taking any wild animal;

(e) uses any live bird, mammal for the purpose of killing or taking

any wild animal; or

(f) knowingly causes or permits to be done an act which is

mentioned in the foregoing provisions of this subsection,

he shall be guilty of an offence.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(2) Subject to the provisions of this Part, if any person sets in position or

knowingly causes or permits to be set in position any of the following

articles, being an article which is of such a nature and so placed as to be

calculated to cause bodily injury to any wild animal of a kind specified in

Schedule 1 which comes into contact therewith, that is to say, any trap or

snare or any poisonous, poisoned or stupefying substance, he shall be guilty

of an offence.

(3) subject to the provisions of this Part, if any person–

(a) sets in position or knowingly causes or permits to be set in

position any snare which is of such a nature and so placed as to

be calculated to cause bodily injury to any wild animal coming

into contact therewith; and

(b) while the snare remains in position fails, without reasonable

excuse, to inspect it, or cause it to be inspected, at least once

every day,

he shall be guilty of an offence.

(4) The Government may by order, either generally or in relation to any

kind of wild animal specified in that order, amend sub-section (2) by adding

any method of killing or taking wild animals, or by omitting any such

method which is mentioned in that sub-section.

(5) In any proceedings for an offence under this section the animal in

question shall be presumed to have been a wild animal unless the contrary is

shown.

(6) In any proceedings for an offence under sub-section (2) it shall be a

defence for a person charged thereunder to show that the article was set in

position for the purpose of killing or taking in accordance with a licence

granted under section 13(2), any wild animals which could be lawfully

killed or taken by those means and that he took or caused to be taken all

reasonable precautions to prevent injury thereby to any wild animals of a

kind specified in Schedule 1.

Protection of wild plants.

11.(1) Subject to the provisions of this Part, if any person intentionally

picks, cuts, uproots or destroys any wild plant (other than a plant specified

in Schedule 2) otherwise than in accordance with the licence granted under

section 13 he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person–

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) sells, offers or exposes for sale, or has in his possession or

transports for the purpose of sale, any live or dead wild plant

(other than a plant specified in Schedule 2), or any part of, or

anything derived from, such a plant; or

(b) publishes or causes to be published any advertisement likely to

be understood as conveying that he buys or sells, or intends to

buy or sell, any of those things,

he shall be guilty of an offence.

(3) Notwithstanding anything in sub-section (1), a person shall not be

guilty of an offence by reason of any act made unlawful by that sub-section

if he shows that the act was an incidental result of a lawful operation and

could not reasonably have been avoided.

(4) In any proceedings for an offence under sub-section (1) or (2)(a), the

plant in question shall be presumed to have been a wild plant unless the

contrary is shown.

Introduction of new species of animals or plants.

12.(1) Subject to the provisions of this Part, if any person releases or allows

to escape into the wild any animal which is of a kind which is not ordinarily

resident in and is not a regular visitor to Gibraltar in a wild state, he shall be

guilty of an offence.

(2) Subject to the provisions of this Part, if any person plants or

otherwise causes to grow in the wild any plant which does not ordinarily

grow in the wild in Gibraltar, he shall be guilty of an offence.

(3) Subject to sub-section (4), it shall be a defence to a charge of

committing an offence under sub-section (1) or (2) to prove that the accused

took all reasonable steps and exercised all diligence to avoid committing the

offence.

(4) Where the defence provided by sub-section (3) involves an allegation that the commission of the offence was due to the act or

default by another person, the person charged shall not, without

leave of the Court, be entitled to rely on the defence unless, within a

period ending 7 clear days before the hearing, he has served on the

prosecutor a notice giving such information identifying or assisting

in the identification of the other person as was then in his

possession.

Introduction of new species of birds.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

12A.(1) A person who without a permit issued by the Minister under this

section releases into the wild any bird which is of a kind which is not

ordinarily resident in and is not a regular visitor to Gibraltar in a wild state

is guilty of an offence.

(2) Subject to subsection (3), it shall be a defence to a charge of

committing an offence under subsection (1) to prove that the accused took

all reasonable steps and exercised all diligence to avoid committing the

offence.

(3) Where the defence provided by subsection (2) involves an

allegation that the commission of the offence was due to the act or default of

another person, the person charged shall not, without leave of the Court, be

entitled to rely on the defence unless, within a period ending 7 clear days

before the hearing, he has served on the prosecutor a notice giving such

information identifying or assisting in the identification of the other person

as was then in his possession.

(4) Where a person applies to the Minister for a permit under this

section the Minister shall

(a) consider whether the introduction of that species will be

prejudicial to flora and fauna; and

(b) consult the European Commission,

and thereafter may issue a permit subject to such terms and conditions as he

deems necessary.

Power to grant licences.

13.(1) Sections 3,4,5,6(2) and 7 do not apply to anything done–

(a) for scientific or educational purposes;

(b) for the purpose of ringing or marking, or examining any ring or

mark on, wild birds;

(c) for the purpose of conserving wild birds;

(d) for the purpose of tending a disabled wild bird and releasing it

when no longer disabled;

(e) for the purposes of preserving public health or public or air

safety;

(f) for the purpose for preventing the spread of disease;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(g) for the protection of flora and fauna;

(h) for the purposes of the re-population or re-introduction of wild

birds, including any breeding necessary for those purposes;

(i) for such other purpose as may be prescribed by regulations,

where there is no other satisfactory solution, and if it is done under and in

accordance with the terms of a licence granted by the Government after

consultation with the Nature Conservancy Council.

(2) Sections 8(1), (2) and (4), 10(1) and (2) and 11(1) do not apply to

anything done–

(a) for scientific or educational purposes;

(b) for the purpose of ringing or marking, or examining any ring or

mark on, wild animals;

(c) for the purpose of conserving wild animals or wild plants or

introducing them to particular areas;

(d) for the purpose of preserving public health or public safety;

(e) for the purpose of preventing the spread of disease;

(f) for such other purpose as may be prescribed by regulations,

if it is done under and in accordance with the terms of a licence granted by

the Government after consultation with the Nature Conservancy Council.

(3) Subject to sub-section (4), a licence under the foregoing provisions

of this section–

(a) may be, to any degree, general or specific;

(b) may be granted either to persons of a class or to a particular

person;

(c) may be subject to compliance with any specified conditions;

(d) may be modified or revoked at any time by the Government

after consultation with the Nature Conservancy Council; and

(e) subject to paragraph (d), shall be valid for the period stated in

the licence;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

and the Government may charge therefor such reasonable sum (if any) as he

may determine.

(4) A licence under sub-sections (1) or (2) which authorises any person

to kill wild birds or wild animals shall specify the area within which the

methods by which the wild bird or wild animals may be killed.

(5) No licence may be granted under this section which may have the

effect of causing the extinction in Gibraltar of any wild birds, wild animals

or wild plants specified in Schedule 3.

(6) A licence granted for the purpose of allowing disabled wild birds to

be tended shall specify the arrangements to be made for registering with the

Nature Conservancy Council any bird so tended and for recording the

release or otherwise of such bird.

(6A) Notwithstanding any provision, limitation or condition that may be

imposed on a licence issued under this section, where the licence to be

issued is in respect of a wild bird, the licence must specify−

(a) the species which are covered by the licence;

(b) the means, arrangements or methods authorised for capture or

killing;

(c) the conditions of risk and the circumstances of time and place

under which the licensed activity may be undertaken;

(d) the authority empowered to declare that the required conditions

obtain and to decide what means, arrangements or methods

may be used, within what limits and by whom; and

(e) the controls which will be carried out.

(7) Notwithstanding the provisions of this section the Government shall

grant to a public officer such licence as may be necessary to enable that

officer to carry out his duties under any other Act.

Implementation reports.

13A.(1) The Minister shall annually send a report to the European

Commission regarding the implementation of Article 9(1) and (2) of the

Wild Birds Directive in the preceding year.

(2) The Minister shall, in accordance with the timescales set out in

Article 12(1) of the Wild Birds Directive, send a report to the European

Commission regarding the implementation of the Directive in the preceding

reporting period.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

False statements made for obtaining a licence.

14. A person who, for the purposes of obtaining, whether for himself or

another, the grant of a licence under section 13–

(a) makes a statement or representation, or furnishes a document

or information, which he knows to be false in a material

particular; or

(b) recklessly makes a statement or representation, or furnishes a

document or information, which is false in a material

particular, shall be guilty of an offence.

Attempts to commit offences.

15.(1) Any person who attempts to commit an offence under the foregoing

provisions of this Part, shall be guilty of an offence and shall be punishable

in like manner as for the said offence.

(2) Any person who for the purposes of committing an offence under

the foregoing provisions of the Part, has in his possession anything capable

of being used for committing the offence, shall be guilty of an offence and

shall be punishable in like manner as for the said offence.

Enforcement.

16. If a Police officer or a person appointed for the purpose of enforcing

this Act under section 21 suspects with reasonable cause that any person is

committing or has committed an offence under this Part, the officer or

person appointed may without warrant–

(a) stop and search that person;

(b) search or examine any thing or vehicle which that person may

then be using or have in his possession;

(c) seize and detain for purposes of proceedings under this Part,

anything which may be evidence of the commission of the

offence or may be liable to be forfeited under section 17.

Penalties, forfeitures etc.

17.(1) Subject to sub-section (3), a person guilty of an offence under

sections 3, 5, 6, 8, 10, 11 or 15 shall be liable–

(a) on summary conviction to a fine at level 5 on the standard

scale or 6 months imprisonment or both; or

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) on conviction on indictment to imprisonment for 2 years and to

a fine.

(2) Subject to sub-section (3), a person guilty of an offence under

sections 7, 12, 12A or 14 shall be liable on summary conviction to a fine at

level 4 on the standard scale or 6 months imprisonment or to both.

(3) Where an offence to which sub-sections (1) or (2) applies was

committed in respect of more than one bird, nest, egg, other animal, plant or

other thing, the fine which may be imposed under that subsection shall be

determined as if the person convicted had been convicted of a separate

offence in respect of each bird, nest, egg, animal, plant or thing.

(4) The Court by which any person is convicted of an offence under this

Part—

(a) shall order the forfeiture of any bird, nest, egg, other animal,

plant or thing in respect of which the offence was committed;

and

(b) may order the forfeiture of any vehicle, animal, weapon or

other thing which was used to commit the offence and, in the

case of an offence under section 12, any animal or plant which

is of the same kind as that in respect of which the offence was

committed and was found in his possession.

PART IIA

DESIGNATION OF SITES, ETC.

Application etc..

17A. (1) This Part makes provision for the purpose of transposing into the

law of Gibraltar the Habitats Directive and the Wild Birds Directive.

(2) Where this Act creates a function (including a power or duty) to be

carried out by any person, that person shall carry out that function so as to

secure compliance with the Habitats Directive, the Wild Birds Directive or

both, as the case may be.

Designation of sites under the Habitats Directive

Selection of sites eligible for identification as of Community

importance.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

17B. (1) On the basis of the criteria set out in Annex III (Stage 1) to the

Habitats Directive, and relevant scientific information, the Minister shall

propose a list of sites indicating with respect to each site —

(a) which natural habitat types in Annex I to the Directive the site

hosts, and

(b) which species in Annex II to the Directive that are native to

Gibraltar the site hosts.

(2) Where appropriate after having carried out surveillance of the

conservation status of the natural habitats and species in Gibraltar the

Minister may propose modification of the list in the light of the results of

the surveillance.

(3) The list shall be transmitted to the Secretary of State for sending to

the Commission as soon as practicable together with information on each

site including–

(a) a map of the site,

(b) its name, location and extent, and

(c) the data resulting from application of the criteria specified in

Annex III (Stage 1),

provided in a format established by the Commission.

Adoption of list of sites: designation of special areas of conservation.

17C.(1) Once a site of Community importance in Gibraltar has been adopted

in accordance with the procedure laid down in paragraph 2 of Article 4 of

the Habitats Directive, the Minister shall designate that site as a special area

of conservation as soon as possible and within six years at most.

(2) The Minister shall establish priorities for the designation of sites in the

light of–

(a) the importance of the sites for the maintenance or restoration at

a favourable conservation status of —

(i) a natural habitat type in Annex I to the Habitats

Directive, or

(ii) a species in Annex II to the Directive,

and for the coherence of Natura 2000; and

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) the threats of degradation or destruction to which those sites

are exposed.

(3) In this section “Natura 2000” means the European network of special

areas of conservation and special protection areas under the Wild Birds

Directive provided for in Article 3(1) of the Habitats Directive.

Consultation as to inclusion of site omitted from the list.

17D. If consultation is initiated by the Commission in accordance with

Article 5(1) of the Habitats Directive with respect to a site in Gibraltar

hosting a priority natural habitat type or priority species and–

(a) the Minister agrees that the site should be added to the list

transmitted in accordance with section 17B, or

(b) the Council, acting on a proposal from the Commission in

pursuance of paragraph 2 of Article 5 of the Habitats Directive,

so decides,

the site shall be treated as added to the list as from the date of that

agreement or decision.

Designation of sites under the Wild Birds Directive

Designation of special protected areas.

17DA.(1) Subject to subsection (2) the Minister must by order, and for the

purposes set out in Article 3 of the Wild Birds Directive, designate areas

(special protected areas or SPA’s) for the protection of

(a) the species of birds listed in Annex I to the Wild Birds

Directive in accordance with, and to the extent required by,

Article 4(1) of that Directive; and

(b) regularly occurring migratory species not listed in Annex I of

the Wild Birds Directive bearing in mind their breeding,

moulting and wintering areas and staging posts along their

migration routes in accordance with, and to the extent required

by, Article 4(2) of that Directive.

(2) In designating a special protection area under subsection (1) and the

extent of any such site, the Minister shall have regard to

(a) the need to give effect to the measures set out in Article 3(2) of

the Wild Birds Directive, and in particular subparagraphs (c)

and (d) thereof which set requirements on the re-establishment

of destroyed biotopes and on the creation of biotopes; and

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) the extent to which the site shall include BGTW.

Information to be sent to the European Commission.

17DB. Where a special protected area has been designated under section

17DA the Minister shall cause all relevant information pertaining to the

designation to be sent to the European Commission for the purposes set out

in Article 4(3) of the Wild Birds Directive.

European Sites

Meaning of “European site” and “European Marine site”.

17E. (1) In this Act a “European site” means–

(a) a special area of conservation,

(b) a site of Community importance which has been placed on the

list referred to in the third sub-paragraph of Article 4(2) of the

Habitats Directive,

(c) a site hosting a priority natural habitat type or priority species

in respect of which consultation has been initiated under

Article 5(1) of the Habitats Directive, during the consultation

period or pending a decision of the Council under Article 5(3),

or

(d) an area classified pursuant to section 17DA,

(e) where an Order under section 2B so provides, an area

designated under that section.

(2) In this Act a European marine site means a European site which

consists of, or so far as it consists of, marine areas.

Notice to landowners, relevant persons, etc..

17F. (1) As soon as practicable after a site is designated as a European site,

or ceases to be so designated, or there is any change in the designation the

Minister shall give notice of this to–

(a) every owner or occupier of land within the site;

(b) the Nature Conservancy Council; and

(c) such other persons or bodies as it may determine.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(2) A notice required to be issued by virtue of sub-section (1) shall be

accompanied by a copy of the document by which the site has been

designated as a European site in so far as it relates to land owned or

occupied by or, as the case may be, to land within the area of responsibility

of the person or body to whom the notice is given.

(3) The Government may make rules as to the form and content of

notices to be given under this section.

Management agreements.

17G.(1) The Nature Conservancy Council shall enter into an agreement (a

“management agreement”) with every owner, lessee and occupier of land

forming part of a European site, or land adjacent to such a site, for the

management, conservation, restoration or protection of the site, or any part

of it with the purpose of attaining the objectives of the Habitats Directive or

the Wild Birds Directive, as the case may be.

(2) A management agreement may impose such restrictions as may be

expedient for the purposes of the agreement on the exercise of rights over

the land by the persons who can be bound by the agreement.

(3) A management agreement–

(a) may provide for the management of the land in such manner,

the carrying out thereon of such work and the doing thereon of

such other things as may be expedient for the purposes of the

agreement;

(b) may provide for any of the matters mentioned in paragraph (a)

being carried out, or for the costs thereof being defrayed, either

by the said owner or other person or by the Nature

Conservancy Council, or partly in one way and partly in

another;

(c) may contain such other provisions as to the making of

payments by the Nature Conservancy Council, and in particular

for the payment by the Council of compensation for the effect

of the restrictions mentioned in sub-section (2) as may be

specified in the agreement.

(4) Where land is subject to a management agreement, the Nature

Conservancy Council shall, as respects the enforcement of the agreement

against persons other than the original contracting party, have the like rights

as if–

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) they had at all material times been the absolute owners in

possession of ascertained land adjacent to the land subject to

the agreement and capable of being benefited by the

agreement; and

(b) the management agreement had been expressed to be for the

benefit of that adjacent land.

Management Agreements: determination by Minister.

17GA.(1) Where the Nature Conservancy Council is unable to conclude a

management agreement under section 17G it must notify the Minister in

writing setting out−

(a) the names and addresses of the parties (including any person

who claims to be entitled to be a party to any agreement);

(b) the terms of the proposed agreement;

(c) the terms of the agreement which are agreed;

(d) the terms of the agreement which are not agreed, including the

reasons why, in the view of the Nature Conservancy Council,

agreement of those terms has not been possible.

(2) Upon receipt of the notice the Minister shall give the parties,

identified to him pursuant to subsection (1)(a) and any other person whom

the Minister deems ought to be given an opportunity to make

representations, up to 28 days in which to respond to his request for their

views as to why an agreement cannot be reached and how it is proposed that

the issues be resolved.

(3) After receipt of any matters brought to the Minister’s attention, or

the expiry of 28 days (whichever is the earlier), the Minister shall, on the

basis of the information before him and after having considered any duties

that may arise in connection with the obligations arising from the Habitats

Directive, the Wild Birds Directive or both Directives, issue a determination

which shall be binding on all the parties to whom it is addressed.

(4) A determination under this section shall, for the purposes of this Act,

be deemed to be an agreement under section 17G and, subject to an appeal

being made under section 17GB, shall be deemed to be enforceable 21 days

after it has been made.

Appeal to the Magistrates’ Court.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

17GB.(1) A person to whom a determination under section 17GA is

addressed may within 14 days of receipt of the determination appeal against

any part of the determination to the Magistrates’ Court.

(2) Upon hearing an appeal the Magistrates’ Court may uphold,

substitute, vary or quash the Minister’s determination but in so doing it may

not impose anything that conflicts with the provisions of the Habitats or

Wild Birds Directives.

(3) There shall be no appeal from the decision of the Magistrates’ Court

except on a point of law.

Notification of potentially damaging operations.

17H.(1) Any designation made under section 17C(1) or section 17DA(1) in

relation to a European site may specify–

(a) the flora, fauna, or geological or physiographical features by

reason of which the land is of special interest, and

(b) any operations appearing to the Nature Conservancy Council to

be likely to damage that flora or fauna or those features.

(2) The Minister may, for the purpose of securing compliance with the

requirements of the Habitats Directive and/or the Wild Birds Directive, at

any time amend the designation with respect of any of the matters

mentioned in sub-section (1) and shall notify those persons to whom he

gave notification of the original designation of the amendment.

Restriction on carrying out operations specified in notification.

17J.(1) The owner or occupier of any land within a European site shall not

carry out, or cause or permit to be carried out, on that land any operation

specified in relation to the site under section 17H unless–

(a) one of them has given the Nature Conservancy Council written

notice of a proposal to carry out the operation, specifying its

nature and the land on which it is proposed to carry it out, and

(b) one of the conditions specified in sub-section (2) is fulfilled.

(2) The conditions referred to in sub-section (1)(b) are–

(a) that the operation is carried out with the written consent of the

Nature Conservancy Council;

(b) that the operation is carried out in accordance with the terms of

a management agreement.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(3) A person who, without reasonable excuse, contravenes sub-section

(1) commits an offence and is liable on summary conviction to a fine at

level 4 on the standard scale.

(4) For the purposes of sub-section (3) it is a reasonable excuse for a

person to carry out an operation–

(a) that the operation was an emergency operation particulars of

which (including details of the emergency) were notified to the

Nature Conservancy Council as soon as practicable after the

commencement of the operation; or

(b) that the operation was authorised by a planning permit granted

on an application under the Town Planning Act.

Supplementary provisions as to consents.

17K.(1) Where it appears to the Nature Conservancy Council that an

application for consent given in accordance with section 17J(2)(a) relates to

an operation which is or forms part of a plan or project which —

(a) is not directly connected with or necessary to the management

of the site, and

(b) is likely to have a significant effect on the site (either alone or

in combination with other plans or projects),

the Council shall make an appropriate assessment of the implications for the

site in view of that site’s conservation objectives.

(2) In the light of the conclusions of the assessment, the Nature

Conservancy Council may give consent for the operation only after having

ascertained that the plan or project will not adversely affect the integrity of

the site.

(3) The Nature Conservancy Council shall give notice of its decision in

respect of an application for consent to the owner and the occupier of the

land to which the application relates and where the Nature Conservancy

Council does not give consent for the operation the Council shall give to

those persons reasons for its decision.

(4) The owner or the occupier of the land in question may–

(a) within two months of receiving notice of the refusal of consent,

or

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) if no notice of a decision is received by him within three

months of an application for consent being made,

by notice in writing to the Nature Conservancy Council require the Council

to refer the matter forthwith to the Minister.

(5) If on the matter being referred to the Minister he is satisfied that,

there being no alternative solutions, the plan or project should be carried out

for imperative reasons of overriding public interest (which, subject to sub-

section (6), may be of a social or economic nature), he may direct the

Nature Conservancy Council to give consent to the operation.

(6) Where the site concerned hosts a priority natural habitat type or a

priority species, the reasons referred in sub-section (5) shall be either–

(a) reasons relating to human health, public safety or beneficial

consequences of primary importance to the environment, or

(b) other reasons which in the opinion of the European

Commission are imperative reasons of overriding public

interest.

(7) Where the Minister directs the Nature Conservancy Council to give

consent under this section, he shall secure that such compensatory measures

are taken as are necessary to ensure that the overall coherence of Natura

2000 is protected.

(8) This section does not apply in relation to a site which is a European

site by reason only of section 17E(1)(c).

Provisions as to existing notices and consents.

17L.(1) Any notice or consent previously given under section 18 in relation

to land which on or after the commencement of this Part becomes land

within a European site shall have effect, subject to the provisions of this

section, as if given in accordance with section 17J(1)(a) or (2)(a).

(2) The Minister shall review any such consent as is referred to in sub-

section (1) to assess its compatibility with the conservation objectives of the

site, and–

(a) to the extent that it is not so compatible may modify the

consent, or

(b) if in the opinion of the Minister the consent cannot by

modification be made compatible with the conservation

objectives of the site, may withdraw it.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(3) Notice of any such modification or withdrawal of consent shall be

given to every owner and occupier of land within the site who in the opinion

of the Nature Conservancy Council may be affected by it, and the

modification or withdrawal shall come into effect in relation to an owner or

occupier upon such notice being given to him.

(4) The modification or withdrawal of a consent shall not affect

anything done in reliance on the consent before the modification or

withdrawal takes effect.

Power to make special nature conservation order.

17M. (1) The Minister may, after consultation with the Nature Conservancy

Council make in respect of any land within a European site or marine area

within a European marine site a special nature conservation order specifying

operations which appear to it to be likely to destroy or damage the flora,

fauna, or geological or physiographical features by reason of which the land

is a European site or in relation to the sea a European marine site.

(2) A special nature conservation order may be amended or revoked by

a further order.

(3) Schedule 4 has effect with respect to the making, amending or

revoking of special nature conservation orders.

Restriction on carrying out operations specified in a special nature

conservation order.

17N.(1) No person shall carry out on any land within a European site in

respect of which a special nature conservation order is in effect any

operation specified in the order, unless the operation is carried out, or

caused or permitted to be carried out, by the owner or occupier of the land

and–

(a) one of them has, after the making of the order, given the

Nature Conservancy Council written notice of a proposal to

carry out the operation, specifying its nature and the land on

which it is proposed to carry it out, and

(b) one of the conditions specified in sub-section (2) is fulfilled.

(2) The conditions referred to in sub-section (1)(b) are–

(a) that the operation is carried out with the written consent of the

Nature Conservancy Council;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) that the operation is carried out in accordance with the terms of

a management agreement.

(3) A person who, without reasonable excuse, contravenes sub-section

(1) commits an offence and is liable–

(a) on summary conviction, to a fine at level 5 on the standard

scale;

(b) on conviction on indictment, to a fine.

(4) For the purposes of sub-section (3) it is a reasonable excuse for a

person to carry out an operation–

(a) that the operation was an emergency operation particulars of

which (including details of the emergency) were notified to the

Nature Conservancy Council as soon as practicable after the

commencement of the operation; or

(b) that the operation was authorised by a planning permit granted

on an application under the Town Planning Act.

Supplementary provisions as to consents.

17P.(1) Where it appears to the Nature Conservancy Council that an

application for consent in accordance with section 17N(2)(a) relates to an

operation which is or forms part of a plan or project which–

(a) is not directly connected with or necessary to the management

of the site, and

(b) is likely to have a significant effect on the site (either alone or

in combination with other plans or projects),

the Council shall make an appropriate assessment of the implications for the

site in view of the conservation objectives the Council considers appropriate

to that site.

(2) In the light of the conclusions of the assessment referred to in sub-

section (1), the Nature Conservancy Council may give consent for the

operation only after having ascertained that the plan or project will not

adversely affect the integrity of the site.

(3) The Nature Conservancy Council shall give notice of its decision in

respect of an application for consent to the person making that an

application and where the Nature Conservancy Council does not give

consent for the operation the Council shall give to that person reasons for its

decision.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(4) The owner or occupier, as the case may be, of the land in question

may–

(a) within two months of receiving notice of the refusal of consent,

or

(b) if no notice of a decision is received by him within three

months of an application for consent being made,

by notice in writing to the Nature Conservancy Council require the Council

to refer the matter forthwith to the Minister.

(5) If on the matter being referred to the Minister he is satisfied that,

there being no alternative solutions, the plan or project should be carried out

for imperative reasons of overriding public interest (which, subject to sub-

section (6), may be of a social or economic nature), he may direct the

Nature Conservancy Council to give consent to the operation.

(6) Where the site concerned hosts a priority natural habitat type, a

priority species or a wild bird of European origin falling within Article

4(1)(a) to (d) of the Wild Birds Directive, the reasons referred to in sub-

section (5) shall be either–

(a) reasons relating to human health, public safety or beneficial

consequences of primary importance to the environment, or

(b) other reasons which in the opinion of the European

Commission are imperative reasons of overriding public

interest.

(7) Where the Minister directs the Nature Conservancy Council to give

consent under this section, he shall secure that such compensatory measures

are taken as are necessary to ensure that the overall coherence of Natura

2000 is protected.

(8) This section does not apply in relation to a site which is a European

site by reason only of section 17E(1)(c).

Prevention of deterioration.

17PA. (1) Where the natural habitat or the habitat of a species for which a

site has been designated a European site or a European marine site is or has

been polluted, has deteriorated, is deteriorating or is likely to deteriorate, the

Government must make an order specifying the steps which are to be taken

in order to remedy or prevent that pollution or deterioration in so far as such

pollution or deterioration has been or could be significant in relation to the

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

objectives of the Habitats Directive or the Wild Birds Directive, as the case

may be.

(1A) In considering deterioration under subsection (1) no regard shall be

had as to whether such deterioration arises as a consequence of human

activity or from a failure to act.

(2) An order under subsection (1) shall be addressed to the owner or

occupier of land within such a site or where the pollution or deterioration

was caused, results from or is likely to arise as a result of an operation

outside that site, to the person who undertook, is or will be undertaking that

operation.

(3) An order under subsection (1) shall state the time for compliance

with the terms of the order.

(4) An order under subsection (1) shall be consistent with but shall not

exceed the obligations under Article 6(2) of the Habitats Directive, or

Article 4(4) of the Wild Birds Directive.

(5) A person to whom an order is addressed and who within the time

stated in the order fails to comply with a provision of that order is guilty of

an offence and is liable on summary conviction to a fine not exceeding level

5 on the standard scale and to a further fine not exceeding level 3 on the

standard scale for every day or part of every day in respect of which the

order has not been complied with.

(6) Upon receipt of representations from a person who is affected by or

has an interest in an order made under subsection (1) the Government may

subject to subsection (4) amend, vary or revoke that order.

European Marine Site.

17Q.(1) The Minister may install markers indicating the existence and

extent of a European marine site.

(2) As soon as possible after a site becomes a European marine site, the

Minister shall publish in the Gazette–

(a) the conservation objectives for that site, and

(b) any operations which may cause deterioration of natural

habitats or the habitats of species, or disturbance of species, for

which the site has been designated.

Management scheme for European Marine Site.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

17R.(1) The Minister may by notice in the Gazette establish a management

scheme for a European marine site.

(2) The scheme may, in particular–

(a) appoint the Nature Conservancy Council to co-ordinate the

establishment of the scheme;

(b) set time limits within which any steps by the Nature

Conservancy Council are to be taken;

(c) require the Nature Conservancy Council to supply to the

Minister such information concerning the establishment of the

scheme as may be specified in the notice.

(3) The Government may amend a management scheme for a European

marine site, either generally or in any particular respect.

Surveillance

Surveillance of conservation status of habitats and species.

17RA.(1) The Minister must make arrangements for the surveillance of the

conservation status of

(a) natural habitats of Community interest;

(b) species of Community interest; and

(c) wild birds listed in Annex I to the Wild Birds Directive,

and in particular, the priority natural habitat types and the priority species.

(2) The surveillance measures under subsection (1) shall be carried out

systematically and on a permanent basis and the extent of the surveillance

required shall have regard to

(a) whether the habitat or species is a priority natural habitat type

or priority species;

(b) the conservation status of the habitat or species; and

(c) the extent, if any, to which that conservation status is under

threat.

(3) The Minister must ensure that the surveillance under subsection (1)

is made available to the public via electronic or other means.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Protection of animals

Protection of certain animals from exploitation.

17RB.(1) The Minister must, as required, in the light of information

derived from the surveillance arranged under section 17RA or otherwise

arranged for the purpose of Article 11 of the Habitats Directive, ensure that

measures are taken to ensure that–

(a) the taking in the wild of specimens of a species of animal listed

in Annex V to the Habitats Directive; and

(b) the exploitation of such specimens,

is compatible with that species being maintained at a favourable

conservation status.

(2) Where measures are required under subsection (1), the Minister must

make arrangements for surveillance for the purpose of establishing whether

the taking in the wild of specimens of the species concerned, and the

exploitation of specimens of that species, are compatible with it being

maintained at a favourable conservation status.

17S. Repealed.

Protection of certain wild animals.

17T.(1) It is an offence–

(a) deliberately to capture injure or kill a wild animal of a

European protected species;

(b) deliberately to disturb such an animal

(i) if the disturbance is such as is likely to impair its ability

to survive, breed or reproduce, or rear or otherwise care

for its young, hibernate or migrate; or

(ii) if the disturbance significantly affects the local

distribution or abundance of the species to which it

belongs;

(c) deliberately to take or destroy the eggs of such an animal; or

(d) to damage or destroy a breeding site or resting place of such an

animal.

(2) It is an offence for any person

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) to have in his possession or control;

(b) to transport;

(c) to sell or exchange; or

(d) to offer for sale or exchange,

anything to which subsection (3) applies.

(3) This subsection applies to

(a) any live or dead animal or part of an animal

(i) which has been taken from the wild; and

(ii) which is of a species or subspecies listed in Annex IV(a)

to the Habitats Directive; and

(b) to any part of, or anything derived from, such an animal or

such a part of an animal.

(4) The offences in subsections (1) and (2) apply to all stages of the life of

the animals to which they apply.

(5) Subject to subsection (6), a person shall not be guilty of an offence

under subsection (2) if he shows that the animal or part of the animal in

question, or the animal or part of the animal from which the part or the thing

in question is derived, was lawfully taken from the wild.

(6) The defence under subsection (5) does not apply

(a) in the case of the offences in subsection (2)(a) and (b) if

(i) the animal in question is an animal of a European

protected species or the part or thing in question is

derived from such an animal; and

(ii) that the animal, part or thing in question was in the

defendant’s possession, or transported by the defendant,

for the purpose of sale or exchange;

(b) in the case of the offences in subsection (2)(c) and (d) if the

animal in question is an animal of a European protected species

or the part or thing in question is derived from such an animal.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(7) For the purposes of subsection (5) an animal, or part of an animal,

shall be treated as having been lawfully taken from the wild if

(a) it was taken from the wild in the European territory of a

member State to which the EC Treaty applies, without

contravention of the law of that member State and before the

implementation date; or

(b) it was taken from the wild elsewhere.

(8) A person shall not be guilty of an offence under subsection (2) if he

shows that the animal, or the animal from which the part or thing in

question is derived is of a species listed in Annex IV(a) to the Habitats

Directive and

(a) was from a population occurring in a country or area which

appears next to the name of that species in that Annex;

(b) is of the species Capra aegagrus and was not from a naturally

occurring population;

(c) is of the subspecies Ovis gmelini musimon and was not from a

naturally occurring population in Corsica or Sardinia; or

(d) is of the species Coregonus oxyrynchus and either was from

Finland or was not from an anadromous population.

(9) Unless the contrary is shown, in any proceedings under subsection (1)

the animal in question is presumed to have been a wild animal.

(10) In any proceedings under subsection (2) it is to be presumed unless

the contrary is shown

(a) that the animal in question was taken from the wild;

(b) that the part of an animal in question is from an animal which

was taken from the wild or that it was taken from the wild; or

(c) the thing in question (if it is not part of an animal) was derived

from an animal taken from the wild.

(11) A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(12) In deciding upon the sentence for a person convicted of an offence

under subsection (1)(d), the court shall in particular have regard to whether

that person could reasonably have avoided the damage to or destruction of

the breeding site or resting place concerned.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(13) In this section

“the EC Treaty” means the Treaty establishing the European

Community;

“the implementation date” means

(a) where the relevant State became a member State before 10th

June 1994, the 10th June 1994; and

(b) in any other case, the date on which the relevant State became

a member State;

“relevant State” means the State in whose territory the animal, or part of

it, was taken from the wild.

Exceptions from section 17T.

17U.(1) A person shall not be guilty of an offence under section 17T(1) of

deliberately capturing a wild animal of a European protected species, or an

offence under section 17T(2)(a) or (b) if he shows that the contravention in

question

(a) was in relation to an animal that had been disabled otherwise

than by his unlawful act; and

(b) was done solely for one or more of the purposes of

(i) tending and releasing it when no longer disabled; or

(ii) releasing it after it had been tended.

(2) A person shall not be guilty of an offence under section 17T(1) (a) or

(b) or under 17T(2)(a) or (b) if he shows that the contravention in question–

(a) was in relation to an animal that had been disabled otherwise

than by his unlawful act and that there was no reasonable

chance of it recovering; and

(b) was done solely for one or more of the purposes of

(i) ending the animal’s life; or

(ii) disposing of it (otherwise than by sale or exchange) as

soon as practicable after it was dead.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(3) A person shall not be guilty of an offence under section 17T(1) by

reason of the injuring of an animal of a European protected species if he

shows that this was done solely for the purpose-

(a) of taking a sample by virtue of section 13 or section 17Y; or

(b) of taking a sample for the purpose of giving evidence in any

criminal proceedings in respect of an offence under this Act or

the Criminal Offences Act.

(4) A person shall not be guilty of an offence under section 17T(2)(a) or

(b) if he shows that the contravention in question was done for the purposes

of

(a) investigating whether an offence is being or has been

committed;

(b) bringing, conducting, or giving evidence in, any criminal

proceedings in respect of any such offence; or

(c) giving effect to an order under section 17.

(5) The defences in subsections (1) to (4) apply unless it is shown by the

prosecution that the defendant’s action did not satisfy the following

conditions

(a) that there was no satisfactory alternative; and

(b) that the action was not detrimental to the maintenance of the

populations of the species concerned at a favourable status in

their natural range.

Prohibition of certain methods of taking or killing wild animals.

17V. (1) This section applies in relation to the taking or killing of a wild

animal–

(a) of any of the species listed in Annex V(a) to the Habitats

Directive, and to which Article 15 applies, whose natural range

includes any area of Gibraltar, or

(b) of a European protected species, where the taking or killing of

such animals is permitted in accordance with this Part.

(2) It is an offence to use for the purpose of taking or killing any such

wild animal as is referred to in sub-section (1)–

(a) any of the means listed in sub-section (3) or (4), or

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) any form of taking or killing from the modes of transport listed

in sub-section (5); or

(c) any other means of taking or killing which is indiscriminate

and capable of causing the local disappearance of, or serious

disturbance to, animals of a species referred to in subsection

(1).

(3) The prohibited means of taking or killing of mammals are the use

of–

(a) blind or mutilated animals used as live decoys;

(b) tape recorders;

(c) electrical and electronic devices capable of killing or stunning;

(d) artificial light sources;

(e) mirrors and other dazzling devices;

(f) devices for illuminating targets;

(g) sighting devices for night shooting comprising an electronic

image magnifier or image converter;

(h) explosives;

(j) nets which are non-selective according to their principle or

their conditions of use;

(k) traps which are non-selective according to their principle or

their conditions of use;

(l) crossbows;

(m) poisons and poisoned or anaesthetic bait;

(n) gassing or smoking out;

(p) semi-automatic or automatic weapons with a magazine capable

of holding more than two rounds of ammunition.

(4) The prohibited means of taking or killing fish are the use of–

(a) poison;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) explosives.

(5) The prohibited modes of transport are–

(a) aircraft;

(b) moving motor vehicles.

(6) A person guilty of an offence under this section is liable on summary

conviction to a fine at level 5 on the standard scale.

Monitoring incidental capturing and killing.

17VA.(1) The Minister must, in accordance with the provisions of this

section, establish a system to monitor the incidental capture and incidental

killing, of animals of the species listed in Annex IV(a) to the Habitats

Directive which takes place in Gibraltar.

(2) The system established under subsection (1) shall incorporate the

following elements

(a) the identification of the risks of incidental capture and

incidental killing to which those species are subject (including

the activities which give rise to such risks); and

(b) the maintenance of records of the instances of incidental

capture or incidental killing of animals of those species

resulting from

(i) the surveillance undertaken under section 17RA or

pursuant to Article 11 of the Habitats Directive;

(ii) the monitoring carried out under this section or pursuant

to Article 12(4); and

(iii) any another sources.

(3) In establishing the monitoring system the Minister may have regard

to

(a) the risks identified under subsection (2)(a);

(b) the instances of incidental capture and incidental killing

recorded under subsection (2)(b);

(c) whether the species is a priority species; and

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(d) the conservation status of the species and the extent to which

that conservation status is under threat.

(4) The Minister shall make available to the public the information

obtained from monitoring under subsection (1) via electronic or other

means.

Protection from incidental capture and killing.

17VB.(1) The Minister, as required, in the light of the information derived

from the monitoring arranges under section 17VA or otherwise arranged for

the purpose of Article 12(4) of the Habitats Directive, must make

arrangements for further research for, or ensure that conservation measures

are taken for, the purpose specified in subsection (2).

(2) The purpose referred to in subsection (1) is to ensure that the

incidental capture and incidental killing of animals of a species listed in

Annex IV(a) to the Habitats Directive does not have a significant negative

impact on that species.

Minister may make Regulations.

17VC. The Minister may make regulations to implement or require the

implementation of conservation measures to ensure that the incidental

capture and incidental killing of animals of the species listed in Annex IV(a)

to the Habitats Directive does not have a negative impact on the species

concerned or for the implementation of sections 17VA and 17VB.

17W. Repealed.

Protection of plants

Protection of certain wild plants.

17X.(1) It is an offence deliberately to pick, collect, cut, uproot or destroy a

wild plant of a European protected species.

(2) It is an offence for any person to

(a) have in his possession or control;

(b) transport;

(c) sell or exchange; or

(d) offer for sale or exchange,

anything to which subsection (3) applies.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(3) This section applies to

(a) any live or dead plant, or part of a plant

(i) which has been taken in the wild; and

(ii) which is of a species or subspecies listed in Annex II(b)

(other than any bryophyte) or IV(b) to the Habitats

Directive; and

(b) to any part of, or anything derived from, such a plant or such

part of a plant.

(4) The offences in subsections (1) and (2) apply to all stages of the

biological cycle of the plants to which they apply.

(5) Subject to subsection (6) a person shall not be guilty of an offence

under subsection (2) if he shows that the plant or part of the plant in

question, or the plant or part of the plant from which the part or thing in

question is derived, was lawfully taken in the wild.

(6) The defence in subsection (5) does not apply

(a) in the case of the offences in subsection 2(a) and (b) if

(i) the plant in question is of a European protected species,

or the part or thing in question is derived from such a

plant; and

(ii) the plant, part or thing in question was in the defendant’s

possession or control, or transported by the defendant,

for the purpose of sale or exchange;

(b) in the case of the offences in subsection 2(c) and (d) if

(i) the plant in question is of a European protected species;

or

(ii) the part or thing in question is derived from such a plant.

(7) For the purposes of subsection (5) a plant, or part of a plant, shall be

treated as having been lawfully taken in the wild if

(a) it was taken in the wild in the European territory of a member

State to which the EC Treaty applies, without contravention of

the law of that member State and before the implementation

date; or

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) it was taken in the wild elsewhere.

(8) A person shall not be guilty of the offence under subsection (1) of

picking or cutting of a wild plant of a European protected species if he

shows that this was done solely for the purpose

(a) of taking a sample by virtue of section 13 or section 17Y;

(b) of taking a sample for the purpose of giving evidence in any

criminal proceedings.

(9) A person shall not be guilty of an offence under section 17X(2)(a) or

(b) if he shows that the contravention in question was done for the purposes

of

(a) investigating whether an offence is being or has been

committed;

(b) bringing, conducting, or giving evidence in, any criminal

proceedings in respect of any such offence; or

(c) giving effect to an order under section 17.

(10) Unless the contrary is shown, in any proceedings under subsections

(1) and (2), a plant or any part of it or anything derived from a plant shall be

presumed to be or to have been a part of or derived from a plant taken from

the wild.

(11) A person guilty of an offence under this section is liable on summary

conviction to imprisonment for a term not exceeding six months or to a fine

not exceeding level 5 on the standard scale, or to both.

(12) In this section

“the EC treaty” means the treaty establishing the European Community;

“the implementation date” means–

(a) where the relevant State became a member State before 10th

June 1994, the 10th June 1994; and

(b) in any other case, the date on which the relevant State became

a member State; and

“relevant State” means the State in whose territory the plant, or part of it,

was taken in the wild.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Trade in wild birds of European Origin

Protection of wild birds of European origin.

17XA.(1) Subject to subsection (2) a person who sells or offers for sale,

transports for sale or keeps for sale any live or dead wild birds of European

origin or any readily recognisable parts or derivatives thereof is guilty of an

offence and liable on summary conviction to a fine up to level 5 on the

standard scale.

(2) It shall not be an offence for a person to carry out an act specified in

subsection (1) if the bird–

(a) is listed in Part A of Annex III to the Wild Birds Directive; and

(b) has been captured, killed or otherwise acquired in another

member State and in accordance with the laws of that member

State.

(3) It shall not be an offence for a person to carry out an act specified in

subsection (1) in respect of a wild bird that is listed in Part B of Annex III to

the Wild Birds Directive if the Minister makes an order under this

subsection to that effect.

(4) An order under subsection (3) may make provision for certain

restrictions in the carrying out of the acts specified in subsection (1) and

must only relate to birds that have been legally killed or captured or

otherwise legally acquired.

(5) Where the Minister proposes to make an order under subsection (3)

he must first consult the European Commission in accordance with the

procedure set out in Article 6(3) of the Wild Birds Directive.

Licences

Grant of licences for certain purposes.

17Y. (1) Sections 17T, 17V, 17X and 17XA do not apply to anything done

for any of the purposes mentioned in sub-section (2) under and in

accordance with the terms of a licence granted by the Minister.

(2) The purposes referred to in sub-section (1) are–

(a) scientific or educational purposes;

(b) ringing or marking, or examining any ring or mark on, wild

animals;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) conserving wild animals or wild plants or introducing them to

particular areas;

(d) protecting any zoological or botanical collection;

(e) preserving public health or public safety or other imperative

reasons of overriding public interest including those of a social

or economic nature and beneficial consequences of primary

importance for the environment;

(f) preventing the spread of disease.

(2A) The Minister may grant a licence to permit the taking or the

possession or control of specimens of any of the species listed in Annex IV

to the Habitats Directive for a purpose not falling within subsection (2).

(2B) The Minister shall only grant a licence under subsection (2A) where

he is satisfied that the grant of the licence would be compatible with the

restrictions in Article 16(1)(e) of the Habitats Directive.

(2C) Sections 17T, 17V and 17X do not apply to anything done under and

in accordance with the terms of a licence granted by the Minister under

subsection (2A).

(3) The Minister shall not grant a licence under this section unless he is

satisfied–

(a) that there is no satisfactory alternative, and

(b) 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.

(4) The Minister shall from time to time consult with the Nature

Conservancy Council as to the exercise of his functions under this section,

and he shall not grant a licence of any description unless he has been

advised by that Council as to the circumstances in which, in the opinion of

the Council licences of that description should be granted.

Licences: supplementary provisions.

17Z. (1) Subject to the provisions of this section, a licence granted under

section 17Y–

(a) may be, to any degree, general or specific;

(b) may be granted either to persons of a class or to a particular

person; and

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) may be subject to compliance with any specified conditions.

(1A) A licence granted under section 17Y(2A) shall be valid only in

relation to such persons as are named in the licence.

(2) For the purposes of a licence under section 17Y the definition of a

class of persons may be framed by reference to any circumstances whatever

including, in particular, their being authorised by any other person.

(3) A licence under section 17Y may be modified or revoked at any time

by the Minister but otherwise shall be valid for the period stated in the

licence.

(4) A licence under section 17Y which authorises any person to kill wild

animals shall specify the area within which and the methods by which the

wild animals may be killed and shall not be granted for a period of more

than two years.

(4A) A licence granted under section 17Y(2A) shall specify

(a) the species of animal or plant of the specimens which the

person authorised by the licence may take or have un his

possession or under his control;

(b) the maximum number of specimens which the person

authorised by the licence may take or have in his possession or

under his control or which particular specimens that person

may take or have in his possession or under his control;

(c) the conditions subject to which the action authorised by the

licence may be taken and in particular–

(i) the methods, means or arrangements by which the

specimens may be taken or be in the possession or

control of the person authorised by the licence;

(ii) when or over what period the action authorised by the

licence may be taken; and

(iii) where it authorises any person to take specimens, the

area from which they may be taken.

(5) The Government may by notice in the Gazette prescribe such

reasonable fees (if any) as it may determine in respect of applications for

and the grant of a licence under section 17Y, and for renewal or amendment

of such a licence.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

False statements made for obtaining licence.

17AA. (1) A person commits an offence who, for the purpose of obtaining,

whether for himself or another, the grant of a licence under section 17Y–

(a) makes a statement or representation, or furnishes a document

or information, which he knows to be false in a material

particular, or

(b) recklessly makes a statement or representation, or furnishes a

document or information, which is false in a material

particular.

(2) A person guilty of an offence under this section is liable on summary

conviction to a fine at level 4 on the standard scale.

Offence of breaching a licence condition.

17AB.(1) It is an offence for any person authorised by virtue of a licence

to which subsection (4) applies to contravene or fail to comply with any

condition which the licence requires him to comply with.

(2) A person shall not be guilty of an offence under subsection (1) if he

shows

(a) that he took all reasonable precautions and exercised all due

diligence to avoid the commission of the offence; or

(b) that the commission of the offence was otherwise due to

matters beyond his control.

(3) A person guilty of an offence under subsection (1) is liable on

summary conviction to a fine up to level 4 on the standard scale or up to 3

months imprisonment.

(4) This section applies to a licence granted under section 17Y on or

after 25 June 2007.

Miscellaneous

General provisions for protection of European sites.

17BB. (1) The Minister, or, as the case may be, a person empowered under

any enactment to give any consent, permit or other authorisation for a plan

or project or works or empowered to undertake a plan or project or carry out

works shall if the plan, project or works —

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) is, or are, likely to have a significant effect on a European site

(either alone or in combination with other plans or projects),

and

(b) is, or are, not directly connected with or necessary to the

management of the site,

shall make an appropriate assessment of the implications for the site in view

of that site’s conservation objectives.

(2) Without prejudice to the generality of sub-section (1), for the

purpose of the Town Planning Act material considerations to be taken into

account in granting permits shall include considerations which lead to

improving the ecological coherence of the Natura 2000 network to

encourage the management of features of the landscape which are of major

importance for wild fauna and flora.

(3) A person applying for any consent, permit or other authorisation

mentioned in sub-sections (1) or (2) shall provide such information as the

Minister, or other person, as the case may be, may reasonably require for the

purposes of the assessment.

(4) The Minister, or other person, as the case may be, shall for the

purposes of the assessment consult the Nature Conservancy Council and

have regard to any representations made by that Council within such

reasonable time as the Minister,or other person, may specify.

(5) In the light of the conclusions of the assessment, and subject to

section 17CC, the Minister or other person, as the case may be, shall agree

to the plan or project only after having ascertained that it will not adversely

affect the integrity of the European site.

(6) In considering whether a plan or project will adversely affect the

integrity of the site, the Minister, or other person, as the case may be, shall

have regard to the manner in which it is proposed to be carried out or to any

conditions or restrictions subject to which he proposes that the consent,

permission or other authorisation should be given.

(7) This section does not apply in relation to a site which is a European

site by reason only of section 17E(1)(c).

Considerations of overriding public interest.

17CC.(1) If the Minister is satisfied that, there being no alternative

solutions, the plan or project or works mentioned in section 17BB should be

carried out for imperative reasons of overriding public interest (which,

subject to sub-section (2), may be of a social or economic nature), he may

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

agree to the plan or project or works notwithstanding a negative assessment

of the implications for the site.

(2) Where the site concerned hosts a priority natural habitat type or a

priority species, the reasons referred to in sub-section (1) shall be either–

(a) reasons relating to human health, public safety or beneficial

consequences of primary importance to the environment, or

(b) other reasons which in the opinion of the European

Commission are imperative reasons of overriding public

interest.

(3) Where a person having sufficient interest desires to obtain the

opinion of the European Commission as to whether reasons are to be

considered imperative reasons of overriding public interest, he shall submit

a written request to the Government —

(a) identifying the matter on which an opinion is sought, and

(b) accompanied by any documents or information which may be

required.

(4) The Government shall thereupon forward such request to the

Secretary of State who may if he thinks fit, seek the opinion of the

Commission, and if he does so, and sends the Commission’s opinion to the

Government, the Government shall make the opinion known to the person

requesting the opinion.

Information for Commission.

17DD. (1) The Government shall as soon as practicable and thereafter as

required by the timetable established under Article 23 of the Habitats

Directive forward a report on the implementation of the Directive to the

Secretary of State for onward transmission to the Commission.

(2) The report shall in particular include–

(a) information concerning the conservation measures specified in

Article 6(1) of the Habitats Directive;

(b) an evaluation of the impact of those measures on the

conservation status of the natural habitat types set out in Annex

I, if appropriate, and the species referred to in Annex II of the

Habitats Directive;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) the main results of the surveillance carried out under section

17A(2) in compliance with obligations arising from Article II

of the Habitats Directive.

PART IIB

APPROPRIATE ASSESSMENTS FOR LAND USE PLANS

Interpretation for Part IIB.

17EE.(1) In this Part

“land use plan” includes a spatial development strategy, a development

plan or a waste plan;

“plan-making authority” means a person or body that is required by

virtue of an enactement to compile or give effect to a land use plan.

(2) References in this Part to giving effect to a land use plan include the

publication, approval, adoption, revision or replacement of a land use plan.

Assessment of implications for European site or European marine site.

17FF.(1) Where a land use plan

(a) is likely to have a significant effect on a European site in or a

European marine site (either alone or in combination with other

plans or projects); and

(b) is not directly connected with or necessary to the management

of the site,

the plan-making authority for that plan shall, before the plan is given effect,

make an appropriate assessment of the implications for the site in view of

that site’s conservation objectives.

(2) The plan-making authority shall, for the purposes of any appropriate

assessment relating to a European site or a European marine site consult the

Nature Conservancy Council and shall take into account any representations

made by that body within such reasonable time as the authority specifies.

(3) The plan-making authority shall also, if it considers it appropriate, take

the opinion of the general public, and in doing so, shall take such steps for

that purpose as it considers appropriate.

(4) In the light of the conclusions of the assessment, and subject to section

17GG, the plan-making authority shall give effect to the land use plan only

after having ascertained that it will not significantly adversely affect the

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

integrity of the European site or the European marine site (as the case may

be).

(6) This section does not apply in relation to a site which is a European

site by reason only of section 17E(1)(c).

Considerations of overriding public interest.

17GG.(1) If the plan-making authority is satisfied that, there being no

alternative solutions, the land use plan must be given effect to for

imperative reasons of overriding public interest (which, subject to

subsection (2), may be of a social or economic nature), it may give effect to

the land use plan notwithstanding a negative assessment of the implications

for the European site or the European marine site (as the case may be).

(2) Where the site concerned hosts a priority natural habitat type or a

priority species, the reasons referred to in subsection (1) must be either

(a) reasons relating to human health, public safety or beneficial

consequences of primary importance to the environment; or

(b) any other reasons of overriding public interest provided the

plan-making authority has had due regard to the opinion of the

European Commission in satisfying itself that there are such

reasons.

(3) Where a plan-making authority, other than the Government, desires to

obtain the opinion of the European Commission as to whether reasons are to

be considered imperative reasons of overriding public interest, it shall

submit a written request to the Government

(a) identifying the matter on which an opinion is sought; and

(b) accompanied by any documents or information which may be

required.

(4) The Government may seek the opinion of the Commission and shall

transmit the opinion to the plan-making authority.

(5) Where a plan-making authority other than the Government proposes to

give effect to a land use plan under this section, it shall notify the

Government.

(6) The plan-making authority shall not give effect to the land use plan

before the end of the period of 21 days beginning with the day notified to it

Government as that on which its notification was received, unless the

Government notifies it that it may do so.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(7) Without prejudice to any other power, the Government may give

directions to the plan-making authority in any such case prohibiting it from

giving effect to the land use plan, either indefinitely or during such period as

may be specified in the direction.

Compensatory measures.

17HH. Where in accordance with section 17GG a land use plan is given

effect, notwithstanding a negative assessment of the implications for a

European site or European marine site, the Government shall secure that any

necessary compensatory measures are taken to ensure that the overall

coherence of Natura 2000 is protected.

PART III

NATURE CONSERVATION.

Protection of habitats from pollution or deterioration.

18ZA.(1) The Minister must make an Order if a habitat is suffering from or

is likely to suffer from pollution or deterioration and that habitat is not

within a European Site within the meaning of Part IIA.

(2) An Order under subsection (1) shall provide for such measures to be

taken as are necessary to prevent the pollution or deterioration of that

habitat.

(3) An Order under subsection (1) may be addressed−

(a) to the owner or occupier of the land upon which the pollution

or deterioration arises from or in which the habitat is situated;

or

(b) to the person undertaking an activity that is or is likely to cause

the pollution or deterioration of a habitat, irrespective of

whether the activity is or will be carried out on land or at sea or

both on land and at sea.

(4) An Order under this section may only be made if it is for the purposes

of, and to the extent required for compliance with, the second sentence of

Article 4(4) of the Wild Birds Directive.

Areas of special interest protected for the purpose of nature

conservation etc.

18.(1) Subject to the provisions of sub-section (3) where the Government is

of the opinion after consultation with the Nature Conservancy Council that

an area of land not being a European site is of special interest–

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) by reason of any of its flora, fauna or geological or

physiographical features;

(b) by reason of being the habitat of any wild animal of a kind

specified in Schedule 1 or wild plant (other than a plant

specified in Schedule 2);

(c) for the purpose of securing the survival in Gibraltar of any kind

of wild animal of a kind specified in Schedule 1 or wild plant

(other than a plant specified in Schedule 2);

(d) for the purpose of complying with any international obligation;

(e) for the purpose of providing under suitable conditions and

control, special opportunities for the study of, and research

into, matters relating to flora and fauna and the physical

conditions in which they live, or the study of geological and

geophysical features of special interest in the area,

it may by order designate that area to be a nature conservation area.

(2) Where the Government is of the opinion after consultation with the

Nature Conservancy Council that any land covered (continuously or

intermittently) by waters or parts of the sea within BGTW is of special

interest for the purpose of–

(a) conserving marine flora or fauna or geological or

physiographical features of special interest in the area;

(b) providing under suitable conditions and control, special

opportunities for the study of, and research into, matters

relating to marine flora and fauna and the physical conditions

in which they live, or for the study of geological and

physiographical features of special interest in the area;

(c) for the purpose of complying with any international obligation;

it may by order designate such an area as a marine nature area.

(3) Subject to sub-section (4) no person shall carry out on any land to

which this sub-section applies any operation which–

(a) appears to the Government to be likely to destroy or damage

the flora, fauna, or geological or physiographical features by

reason of which the land is land which paragraph (a) or, as the

case may be, paragraph (b) of sub-section (1) applies; and

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) is specified in the order applying this sub-section to the land.

(4) Sub-section (3) shall not apply in relation to any operation carried

out, or caused or permitted to be carried out, by the owner or occupier of the

land if–

(a) one of them has, after the commencement date, given the

Nature Conservancy Council notice of a proposal to carry out

the operation, specifying its nature and the land on which it is

proposed to carry it out; and

(b) the operation is carried out with the written consent of the

Nature Conservancy Council.

(5) The Minister may, after consultation with the Nature Conservancy

Council, make regulations for the protection of any area designated as a

marine nature area under sub-section (2) and without prejudice to the

generality of the foregoing such regulations may provide–

(a) for prohibiting or restricting, either absolutely or subject to any

exceptions–

(i) the entry into or movement within the area of persons

and vessels;

(ia) fishing (including fishing from a vessel, spear fishing,

shore-based fishing, bait collection and any other form of

fishing), diving (including the use of self-contained

underwater breathing apparatus and any form of surface

demand apparatus that supplies air to a person

underwater), undertaking a business as a dive operator, a

sports fishing operator, or a dolphin tour operator or

undertaking a fishing competition within the area;

(ii) the killing, taking, destruction, molestation or

disturbance of animals or plants of any description in the

area, or the doing anything therein which will interfere

with the sea bed or damage or disturb any object in the

area, or

(iii) the depositing of rubbish in the area;

(b) for the issue, on such terms and subject to such conditions as

may be specified in the regulations, of permits, approval or

licences authorising entry into the area or the doing of anything

which would otherwise be unlawful under the regulations; and

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) may be so made as to apply either generally or with respect to

particular parts of the area or particular times of the year.

(6) Nothing in the regulations made under sub-section (5) shall–

(a) prohibit or restrict the exercise of any right of passage by a

vessel other than a pleasure boat; or

(b) prohibit, except with respect to particular parts of the area at

particular times of the year, the exercise of any such right by a

pleasure boat.

(7) Nothing in regulations made under sub-section (5) shall make

unlawful–

(a) anything done for the purpose of securing the safety of any

vessel, or of preventing damage to any vessel or cargo, or of

saving life;

(b) anything done more than 30 metres below the sea bed; or

(c) the exercise by a relevant authority of any powers given to that

authority under any enactment.

(8) In this section “vessel” includes a hydrofoil, hovercraft and any

aircraft capable of landing on water and “pleasure boat” shall be construed

accordingly.

(9) References in this section to birds, animals or plants of any description

include references to eggs, seeds, spores, larva or other immature stages of

birds, animals or plants of that description.

Penalties etc. in relation to nature conservation areas and marine

nature areas.

19.(1) A person who, without reasonable excuse, contravenes sub-section

(4) of section 18, shall be liable–

(a) on summary conviction to a fine at level 4 on the standard

scale or 3 months imprisonment or both;

(b) on conviction on indictment to 2 years imprisonment and a

fine.

(2) Where an operation in respect in respect of which a person is

convicted of an offence under sub-section (1) has destroyed or damaged any

part of the flora, fauna, or geological or physiographical features by reason

of which the land on which it was carried out is of special interest, the Court

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

by which he is convicted, in addition to dealing with him in any way, may

make an order requiring him to carry out, within such period as may be

specified in the order, such operations for the purpose of restoring the land

to its former condition as may be so specified.

(3) In the case of an order under sub-section (2) made by the

Magistrates’ Court, the period specified in the order shall not begin to run–

(a) in any case until the expiration of the period for the time being

prescribed by law for the giving of notice of appeal against the

decision of the Magistrates’ Court;

(b) where notice of appeal is given within the period so prescribed,

until the determination of the appeal.

(4) At any time before an order under sub-section (2) has complied with

or fully complied with, the Court by which it was made may, on the

application of the person against whom it was made, discharge or vary the

order if it appears to the Court that a change in circumstance has made

compliance or full compliance with the order impracticable or unnecessary.

(5) If, within the period specified in an order under this section , the

person against whom it was made fails, without reasonable excuse, to

comply with it, he shall be liable on summary conviction–

(a) to a fine at level 4 on the standard scale or 3 months

imprisonment or both; and

(b) in the case of a continuing offence, to a further fine not

exceeding one tenth of the maximum fine under (a) above for

each day during which the offence continues after conviction.

(6) If, within the period specified in an order under this section, any

operations specified in the order have not been carried out, the Nature

Conservancy Council may enter the land and carry out these operations and

recover from the person against whom the order was made any expenses

reasonably incurred by them in doing so.

(7) Regulations made under section 18(6) may provide, in relation to

offences created by those regulations–

(a) on summary conviction for a fine not exceeding the maximum

fine at level 4 on the standard scale and a period of

imprisonment not exceeding 3 months;

(b) on conviction on indictment for a period of imprisonment not

exceeding 2 years and a fine.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

PART IV

MISCELLANEOUS

Scientific Authorities.

20.(1) The Minister may by Regulations establish any body or bodies for

the purpose of advising the Government in relation to any matter including

but not limited to

(a) the environment;

(b) terrestrial and aquatic flora and fauna;

(c) the exploitation (whether commercial or otherwise) of the

matters referred to in paragraphs (a) and (b).

(2) A body established under subsection (1) shall perform such duties as

may be prescribed by regulations made thereunder.

(3) A reference in this Act to a scientific authority is a reference to a

body which is established under subsection (1).

Wildlife Warden.

21.(1) The Government may, after consultation with the Nature

Conservancy Council appoint by notice any person to be a Wildlife Warden

or an honorary Wildlife Warden for the purposes of this Act.

(2) The Government may make regulations for the purpose of

determining the powers and duties of any person appointed under sub-

section (1).

Promotion of research etc.

21A.(1) The Government shall take steps to encourage research and any

other work that it considers is required as the basis for the protection,

management and use of the populations of all wild bird species.

(2) In discharging the obligations set out in subsection (1), the

Government shall have particular regard to the subjects that are listed in

Annex V to the Wild Birds Directive, which is reproduced in Schedule 8 for

information purposes.

(3) The Government shall ensure that the Commission is supplied with

such information resulting from the discharge of its obligations under

subsection (1) as is required for the Commission to coordinate research in

relation to the protection, management and use of wild bird populations.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Offences by bodies corporate etc.

22.(1) Where body corporate is guilty of an offence under this Act and that

offence is proved to have been committed with the consent or connivance

of, or to be attributable to any neglect on the part of, any director, manager,

secretary or other similar officer of the body corporate or any person who is

purporting to act in any such capacity he, as well as the body corporate,

shall be guilty of that offence and shall be liable to be proceeded against and

punished accordingly.

(2) Where the affairs of the body corporate are managed by its

members, sub-section (1) shall apply in relation to the acts and defaults of a

member in connection with his functions of management as if he were a

director of the body corporate.

Amendment of Schedules.

23. The Minister may amend the Schedules by notice in the Gazette.

Regulations.

24. The Government may, after consultation with the Nature Conservancy

Council, make regulations for carrying into effect the provisions of this Act

and without prejudice to the generality of the foregoing such regulations

may provide for–

(a) fees or charges payable in respect of any application, licence or

other document under this Act, or any other matter in the

administration of this Act;

(b) the forms or contents of applications, licences, registers and

other documents required for the purposes of this Act;

(c) the procedure to be followed for the establishment of a nature

conservation area or a marine nature area;

(d) the protection and regulation of (subject to the provisions of

section 18) nature conservation areas and marine nature areas;

(e) the powers and functions of Wildlife Wardens appointed under

this Act,

(f) compliance with any European Union obligation.

Fees for entry into a nature conservation area.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

24A.(1) The fees payable to Government for entry into a nature

conservation area shall be those set out in paragraph 1(1) of Schedule 10.

(2) With the exception of the fee for persons entering by foot at Jew’s

Gate or Willis’s Road the payment by a person of the relevant fee set out in

paragraph 1(1) of Schedule 10 exempts such person from the requirement to

pay a further fee under section 24B for entry into the tourist sites within a

nature conservation area.

Fees for entry into tourist sites within a nature conservation area.

24B. The fees payable to Government for entry into tourist sites within a

nature conservation area shall be those set out in paragraph 1(2) of Schedule

10.

Fees (Miscellaneous).

24C.(1) The Minister may exempt particular persons, vehicles, categories of

persons or categories of vehicles from payment of the fees set out in

Schedule 10 to the extent set out in such exemption.

(2) Fees recovered in accordance with sections 24A and 24B shall

constitute revenue of and be paid into the Consolidated Fund.

Terms and conditions of entry.

24D. The Minister may by Order published in the Gazette–

(a) set the terms and conditions of entry into a nature conservation

area (including times and dates);

(b) define which sites in a nature conservation area are “tourist

sites” for the purposes of this Act.

Offences.

24E.(1) A person who–

(a) conveys another person in a public service vehicle into a

nature conservation area; or

(b) assists another person to enter a nature conservation area;

other than on the payment of the relevant fee is guilty of an offence and

liable on summary conviction to a fine at level 3 on the standard scale and

in the case of a second or subsequent conviction at level 4 on the standard

scale.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(2) A third conviction for an offence against sub-section (1) shall render

the offender ineligible to hold a road service licence, a licence to drive a

public service vehicle or a licence to act as a conductor of a public service

vehicle for a period of 12 months and the Transport Commission shall

immediately revoke any such licence (including any road service licence)

which the offender may hold.

(3) A person who–

(a) contravenes; or

(b) assists another in contravening;

a term or condition of entry included in an Order made under section 24D is

guilty of an offence and liable on summary conviction to a fine at level 3 on

the standard scale.

(4) A person who–

(a) enters a tourist site within a nature conservation area; or

(b) assists another to enter a tourist site within a nature

conservation area;

other than on the payment of the relevant fee is guilty of an offence and

liable on summary conviction to a fine at level 3 on the standard scale.

Exclusion Orders.

24F.(1) The Minister for Transport may issue an Order excluding a holder of

a public service vehicle licence from entering into a nature conservation

area in the course of his business as a driver of a public service vehicle for

such a period of time as shall be set out in the Order up to 3 months.

(2) The Minister for Transport may only issue such an Order if he is

satisfied that there is reasonable cause to believe that the person has

conveyed a person or persons into a nature conservation area without the

payment of the relevant fee.

(3) A copy of an Order made under this section shall be served on the

person against whom it is directed.

(4) A person aggrieved by an Order made under this section may appeal

to the Supreme Court on a point of law; the Order shall remain in force until

such time as the appeal is determined and a decision has been made by the

Minister for Transport under subsection (6) or the period of time set out in

the Order expires (whichever is the sooner).

(5) In determining an appeal under subsection (4)−

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) where the court is of the opinion that the relevant decision is

wrong in law the Court−

(i) shall make a declaration to that effect;

(ii) shall inform the appellant and the Minister for Transport

of such declaration; and

(iii) may, where it considers it appropriate to do so, request

that the Minister for Transport reconsider the relevant

decision.

(b) where the court is not of the opinion that the relevant decision

is wrong in law the Court shall−

(i) confirm the Order of the Minister for Transport; and

(ii) inform the appellant and the Minister for Transport of

such confirmation.

(6) Where the Minister for Transport receives a request under

subsection (5)(a)(iii) he shall reconsider the relevant decision de novo.

(7) If without reasonable excuse a person does anything which he is

prohibited from doing by an exclusion order, the person commits an offence

and is liable on summary conviction, to a fine at level 5 on the standard

scale.

25. Sections 8 and 9 of the Animals and Birds Act are repealed.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 1.

Section 8

SPECIFIED WILD ANIMALS

NAME COMMON NAME

MAMMALIA MAMMALS

Insectivora Insectivores

Erinaceidae hedgehogs

Talpidae moles

Soricidae shrews

Chiroptera Bats all species all species

Primates Apes & monkeys

Macaca sulvanus Barbary Macaque

Carnivora Carnivores Vulpes vulpes Red Fox

Rodentia Rodents

Eliomys quercinus Garden dormouse

Lagomorpha Rabbits & hares Oryctolagus cuniculus Rabbit

Pinnipedia Seals

Monachus monachus Monk Seal

Cetacea Whales,porpoises and dolphins

all species all species

AMPHIBIA AMPHIBIANS

all species all species

REPTILIA REPTILES

all species all species

PISCES FISH

Hippocampus spp. seahorses

Syngnathus spp. pipefish

Thalassoma spp. Turkish wrasse

Blennius spp, blennies

Gobius spp. gobies

Chromogobius spp. gobies

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Thorogobius spp. gobies

INSECTA INSECTS

Lepidoptera Butterflies and Moths

Iphiclides podalinus Scarce Swallowtail

Euchloe tagis Portuguese Dappled White

Anthocaris belia Morroco Orange Tip

Gonepterix rhamni Brimstone

Danaus chryssipus Plain Tiger

Melanargria ines Spanish Marbled White

Pyronia cecilia Southern Gatekeeper

Strymonidia spini Blue-spot Hairstreak

Tomares ballus Provence Hairstreak

Zizeenia knysna African Grass Blue

Carcharodus alceae Mallow Skipper

Spialia sertorius Red Underwing Skipper

Gegenes nostrodamus Mediterranean Skipper

Borbo borbonica Zeller’s Skipper

Zygaena fausta gibraltarica Bibraltar Burnet Moth

Dictyoptera Mantids all species all species

ARACHNIDA SPIDERS

Macrothele calpetana Gibraltar Funnel-web Spider

CRUSTACEA CRUSTACEANS

Lepas anatifera Goose Barnacle

Maja spp. spider crabs.

CHILOPODA CENTIPEDES & MILLIPEDES

Scholopendra cingulatus

MOLLUSCA MOLLUSCS

Bivalvia Bivalves

Atrina pectinata Brittle Pen Shell

Pinna nobilis Noble Pen Shell

PINNA RUDIS Rough Pen Shell

Gastropoda Gastropods Haliotis tuberculata Sea Ormer

Patella ferruginea Ribbed Mediterranean Limpet

Monodonta spp. toothed topshells

Jujubinus spp. top shells

Gibbula spp. top shells

Acicula norrisi

Thais haemastoma Rock Shell

Aplysia spp. sea hares

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Onchidella celtica

Lauria cylindracea Chrysalis Snails

Truncatellina cylindrica Cylindrical Whorl Snail

Pyramidula rupestris Rock Snail

Chondrina calpica

Granopupa granum

Ferussacia follicula

Charonia spp. tritons

Epitonium spp. wentletraps

Trivia spp. cowries

Cypraea spp. cowries

Mitra zonata Zoned Mitre Shell

Bolinus brandaris Purple Dye Murex

Hexaplex trunculus Banded Murex

Cecilioides spp.

Testacella maugei Mauge’s slug

Vitrea contracta Glass Snail

Oxychilus draparnaudi

Oxychilus hudatinus

Parmacella valencienii

Milax nigricans Black slug

Deroceras ponsonbyi Ponsonbyi’s slug

Trichia hispida Hairy snail

Helicella apicina

Helicella conspurcata

Candidula intersecta Wrinkled snail

Cernuella virgata Striped snail

Cochlicella acuta Pointed snail

Caracollina lenticula

Osteophora calpeana

Cumbium olla

Cephalopoda Cephalopods

Argonauto argo Paper Nautilus

Eledone spp. Lesser Octopus

ECHINOIDEA SEA URCHINS

Echinus actutus Common Sea Urchin

ANTHOZOA ANEMONES, CORALS,

Madreporaria

Balanophyllia regia Regal Coral

Clodocora cespitosa Carpet Coral

Dendrophyllia ramea Yellow Coral

Lophelia pertusa coral

Leptopsammia pruroti Yellow Cup Coral

Astroides calcycularis Star Coral

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Alcyonacea

Alcyonium palmatum Deadman’s fingers

Parerythropodium corralloides soft coral

Gorgonacea

Eunicella cavolinii Yellow Gorgonian

Eunicella clavata Violet Sea Whip

Eunicella singularis gorgonian

Eunicella verrucosa White Gorgonian

Corallium rubrum Red Coral

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 2

Section 11

Name Common Name

GYMONOGRAMMACEAE

Anogramma leptophylla Annual Gymnogram

ASPLENIACEAE

Ceterach officinarum Rusty-back Fern

Asplenium trichomanes Maidenhair Spleenwort

POLYPODIACEAE

Polypodium australe Southern Polypody

EPHEDRACEAE

Ephedra fragilis Joint Pine

MORACEAE

Ficus carica Fig

URTICACEAE

Urtica dubia Nettle

Parietaria diffusa Pellitory-of-the-wall

Parietaria lusitancica

SANTALACEAE

Osyris quadripartita

ARISTOLOCHIACEAE

Aristolochia baetica Pipe Vine

POLYGONACEAE

Polygonum aviculare Common Knotgrass

Rumex intermedius

Emex spinosa

CHEONOPODIACEAE

Beta vulgaris Beet

Chenopodium ambrosioides

Chenopodium murale Nettle-leaved Goosefoot

Chenopodium album Fat Hen

AMARANTHACEAE

Amaranthus blitoides

Amaranthus lividus

Achyranthes sicula

NYCTAGINA CEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Mirabilis jalapa Four-o’clock Plant

AIZOACEAE

Carpobrotus edulis Hottentot fig

CARYOPHYLLACEAE

Arenaria leptoclados Lesser Thyme-leaved Sandwort

Minuartia hybrida Fine-leaved Sandwort

Stellaria media Chickweed

Stellaria pallida Lesser Chickweed

Cerastium glomeratum Sticky Mouse-ear Chickweed

Sagina apetala Common Pearlwort

Paronychia argentea

Herniaria lusitanica Ciliate Rupture-wort

Polycarpon tetraphyllum Four-leaved All-seed

Spergularia marina

Silene obtusifolia

Silene colorata Pink Mediterranean Catchfly

Silene nocturna

RANUNCULACEAE

Clematis cirrhosa Virgin’s Bower

Ranunculus bullatus Bullate Buttercup

Ranunculus paludosus Fan-leaved Buttercup

PAPAVERACEAE

Papaver rhoeas Corn Poppy

Glaucium flavum Yellow Horned Poppy

Fumaria capreolata Ramping Fumitory

Fumaria sepium

CRUCIFERAE

Sisymbrium officinale Hedge Mustard

Cardamine hiruta Hairy Bittercress

Lobularia maritima Sweet Alison

Biscutella laevigata Buckler Mustard

Diplotaxis siifolia

Hirschfeldia incana Hoary Mustard

Cakile maritima Sea Rocket

Raphanus raphanistrum Wild Raddish

RESEDACEAE

Reseda luteola Dyers Rocket

Reseda alba Upright Mignonette

CRASSULACEAE

Umbilicus rupestris Wall Pennywort

Umbilicus horizontalis

Sedum sediforme

Sedum album White Stonecrop

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Sedum rubens

ROSACEAE

Rubus ulmifolius

Sanguisorba minor Salad Burnet

LEGUMINOSAE

Albizia lophantha

Calicotome villosa Thorny Broom

Teline linifolia

Astragalus boeticus

Psoralea bituminosa Pitch Trefoil

Vicia tenuifolia Slender-leaved Tufted Vetch

Vicia sativa Common Vetch

Vicia lutea Yellow Vetch

Lathyrus clymenum

Pisum sativum Pea

Onionis reclinata Small Restharrow

Ononis viscosa

Melilotus indica Small-flowered Melilot

Medicago littoralis

Medicago polymorpha Hairy Medick

Trifolium glomeratum Clustered Clover

Trifolium tomentosum Wooly Trefoil

Trifolium campestre Hop Trefoil

Trifolium scabrum Rough Trefoil

Trifolium stellatum Star Clover

Lotus corniculatus Birdsfoot Trefoil

Lotus edulis

Lotus ornithopodioides

Lotus creticus Southern Birdsfoot Trefoil

Coronilla valentina Shrubby Scorpion Vetch

Hippocrepis multisiliquosa

Scorpiurus muricatus

OXALIDACEAE

Oxalis pes-caprae Bermuda Buttercup

GERANIACEAE

Geranium rotundifolium Round-leaved Cranesbill

Geranium molle Dovesfoot Cranesbill

Geranium purpureum Lesser Herb Robert

Erodium laciniatum

Erodium malacoides Soft Storksbill

Erodium moschatum Musk Storksbill

TROPAEOLACEAE

Tropaeolum majus Nasturtium

LINACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Linum strictum Upright Yellow Flax

EUPHORBIACEAE

Mercurialis annua An nual Mercury

Euphorbia squamigera

Euphorbia terracina

Euphorbia peplus

Euphorbia medicaginea

RUTACEAE

Ruta angustifolia Fringed Rue

ANACARDIACEAE

Pistacia terebinthus Terebinth; Turpentine Tree

Pistacia lentiscus Lentisc

Schinus molle Californian Pepper Tree

RHAMNACEAE

Rhamnus alaternus Mediterranean Buckthorn

MALVACEAE

Malva hispanica

Malva sylvertris Common Mallow

Lavatera cretica Smaller Tree Mallow

CUCURBITACEAE

Ecballium elaterium Squirting Cucumber

CACTACEAE

Opuntia ficus-indica Prickly Pear

Opuntia tuna

MYRTACEAE

Eucalyptus camaldulensis Red Gum

Eucalyptus globulus Blue Gum

THELIGONACEAE

Theligonum cynocrambe

ARALIACEAE

Hedera helix Ivy

UMBELLIFERAE

Smyrnium olusatrum Alexanders

Crithmun maritimum Rock Samphire

Foeniculum vulgare Fennel

Kundmannia sicula

Elaeoselinum foetidum

Thapsia villosa

Torilis arvensis Spreading Hedge Parsley

Daucus carota Wild Carrot

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

PRIMULACEAE

Anagallis arvensis Pimpernel

OLEACEAE

Jasminum fruticans Wild Jasmine

Olea europaea Olive

GENTIANACEAE

Blackstonia perfoliata Yellow Wort

Centaurium erythraea Common Centaury

APOCYNACEAE

Vinca difformis Intermediate Periwinkle

RUBIACEAE

Sherardia arvensis Field Madder

Galium aparine Cleavers

Galium verrucosum

Galium murale

Valantia muralis

Rubia peregrina Wild Madder

CONVOLVULACEAE

Convolvulus arvensis Field Bindweed

Convolvulus althaeoides Mallow-leaved Bindwood

BORAGINACEAE

Heliotropium europaeum Heliotrope

Echium creticum

Borago officinalis Borage

VERBENACEAE

Lantana camara

LABIATAE

Teucrium fruticans Tree Germander

Teucrium polium Felty Germander

Prasium majus

Phlomis purpurea Purple Jersusalem Sage

Calamintha sylvatica

Micromeria graeca

Rosmarinus officinalis Rosemary

Lavandula dentata Toothed Lavender

SOLANACEAE

Solanum luteum luteum

Solanun luteum alatum

Solanun sodamaeum False Sodom Apple

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Nicotiana glauca Shrub Tobacco

SCROPHULARIACEAE

Antirrhinum majus cirrhigerum Snapdragon

Antirrhinum jaus tortuosum Snapdragon

Misopates orontium Weasel’s Snout

Linaria amethystea

Cymbalaria muralis Ivy-leaved Toadflax

Veronica cymbalaria Pale Speedwell

Veronica arvensis Wall Speed well

ACANTHACEAE

Acanthus mollis Bear’s Breech

OROBANCHACEAE

Orobanche ramosa Branched Broomrape

Orobanche minor Lesser Broomrape

Orobanche crenata

Orobanche sanguinea

PLANTAGINACEAE

Plantago coronopus Buckshorn Plantain

Plantago lagopus Haresfoot Plantain

Plantago afra Branched Plantain

CAPRIFOLIACEAE

Lonicera implexa Honeysuckle

VALERIANACEAE

Fedia cornucopiae

Centranthus calcitrapae

Centranthus ruber Red Valerian

DIPSACACEAE

Scabiosa atropurpurea Mournful Widow

CAMPANULACEAE

Campanula erinus Annual Bellflower

COMPOSITAE

Aster squamatus

Conyza Albida

Conyza Bonariensis

Helichrysum rupestre

Phagnalon saxatile

Dittrichia viscosa Aromatic Inula

Pallenis spinsosa

Asteriscus maritimus Sea Aster

Chrysanthemum coronarium Crown Daisy

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Senecio bicolor Silver Ragwort; Cineraria

Senecio vulgaris Groundsel

Calendula suffruticosa

Calendula arvensis Marigold

Carlina corymbosa Flat-topped Carline Thistle

Carduus tenuiflors

Galactites tomentosa

Centaurea sonchifolia

Centaurea melitensis Maltese Star Thistle

Centaurea pullata

Carthamus arborescens

CHICORIOIDEAE

Scolymus hispanicus Spanish Oyster Plant

Hyoseris radiata

Hedypnois arenaria

Urospermum picroides

Reichardia picroides

Reichardia intermedia

Leontodon taraxacoides

Aetheorhiza bulbosa

Sonchus olearaceus Common Sow-thistle

Sonchus tenerrimus

Lactuca tenerrima

Andryala integrifolia

LILIACEAE

Asphodelus albus White Asphodel

Asphodelus ramosus Asphodel

Aloe arborescens

Colchicum lusitanum

Urginea maritima Sea Squill

Allium roseum Rose Garlic

Allium triquetrum Tgriquetrous Garlic

Allium ampeloprasum Wild leek

Allium sphaerocephalon Round-heated leek

Nothoscordum inodorum

Asparagus albus Spiny asparagus

Ruscus hypophyllum

Smilax aspera Smilax

AMARYLLIDACEAE

Narcissus papyraceus Paper-white Narcissus

DIOSCOREACEAE

Tamus communis Black Bryony

IRIDACEAE

Iris germanica Fleur-de-lis

Gynandriris sisyrinchium Barbary Nut

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Gladiolus communis Freesia

GRAMINEAE

Lolium multiflorum Italian Rye Grass

Vulpia geniculata

Vulpia ciliata

Desmazeria rigida Hard Poa

Desmazeria marina Stiff Sand-grass; Darnel Poa

Poa annua Annual Meadow-grass

Poa infirma

Dactyllis glomerata Cocksfoot

Melica minuta

Bromus diandrus Great Brome

Bromus madritensis Compact Brome

Brachypodium disachion

Trisetum paniceum

Elymus farctus farctus x Hybrid Sea Couch

Elymus repens

Triticum aestivum Bread Wheat

Hordeum murinum Wall Barley

Avena barbata

Avena sterilis Anumated Oat

Lagurus ovatus Hare’s Tail

Piptatherum miliaceum

Piptatherum coerulescens

Stipa tenacissima

Arundo donax Giant Reed; Cane

Cynodon dactylon Bermuda Grass

Panicum repens

Hyparrhenia hirta

Phalaris canariensis Canary Grass

Digitaria sanguinalis Hairy Finger-grass

ARACEAE

Arisarum vulgare Friar’s Cowl

CYPERACEAE

Cyperus rotundus

SCHEDULE 3.

Wild Birds, Wild Animals and wild Plants in respect of which no licence

shall be issued under section 13 which may result in the extinction in

Gibraltar of that wild bird, wild animal or wild plant.

Name Common Name

Phalacrocorax aristotelis desmarestii Western Mediterranean Shag

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Falconiformes Any bird of prey

Alectoris barbara Barbary Partridge

Tytonidae and Strigidae any owl

Vulpes vulpes Red Fox

Macaca sylvanus Barbary Macaque

Acicula norris (Gibraltar endemic snail)

Osteophora calpeana (Gibraltar endemic snail)

Cecilioides spp. (Gibraltar endemic snail)

Macrothele calpetana Gibraltar Funnel-web Spider

Cerastium gibraltaricum Gibraltar Chickweed

Silene tomentosa Gibraltar Sea Campion

Iberis gibraltarica Gibraltar Candytuft

Saxifraga globulifera Gibraltar Saxifrage

Ononis natrix Gibraltar Restharrow

Limonium emarginatum Gibraltar Sea Lavender

Thymus wildenowii Gibraltar Thyme

Petroselinum crispum Parsley

Ferula tingitana Giant Tangier Fennel

Succowia balearica

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 4

Section 17M

PROCEDURE IN CONNECTION WITH ORDERS UNDER

SECTION 17M

Coming into operation.

1. An order takes effect on its being made.

Publicity for orders.

2.(1) The Government shall, as soon as practicable after making an order,

publish in the Gazette a notice setting out the order (or describing its general

effect) and stating that it has taken effect.

(2) The notice shall —

(a) name a place in the area in which the land to which the order

relates is situated where a copy of the order may be inspected

free of charge at all reasonable hours; and

(b) specify the time (not being less than 14 days from the date of

the first publication of the notice) within which, and the

manner in which, representations or objections with respect to

the order may be made.

(3) A copy of the notice shall be served on —

(a) every owner and occupier of that land (subject to paragraph 4);

(b) the Development and Planning Commission; and

(c) the Nature Conservancy Council.

Procedures when orders opposed.

3. (1) If any representation or objection is duly made within the period

specified in accordance with paragraph 2(2)(b) with respect to an order and

is not withdrawn, then, as soon as practicable the Minister shall either —

(a) cause an inquiry to be held; or

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) afford any person by whom a representation or objection has

been duly made and not withdrawn an opportunity of being

heard by a person appointed by the Minister for the purpose.

(2) On considering any representations or objections duly made and the

report of any person appointed to hold the inquiry or to hear representations

or objections, the Government shall decide either to take no action on the

order, or to make an order amending or revoking it as it thinks appropriate

in the light of the report, representations or objections.

(3) An amending or revoking order made by virtue of sub-paragraph (2)

takes effect immediately and no representation or objection with respect to

it shall be entertained.

Restriction on power to amend orders or confirm them with

modifications.

4. The Government shall not by virtue of paragraph 3(2) amend an order

which has taken effect so as to extend the area to which the order applies.

Notice of final decision on order.

5. (1) The Minister shall as soon as practicable after making an order by

virtue of paragraph 3(2) give notice —

(a) setting out the order (or describing its effect) and stating that it

has taken effect; and

(b) naming a place in the area in which the land to which the order

relates is situated where a copy of the order may be inspected

free of charge at all reasonable hours.

(2) The Minister shall give notice as soon as practicable of a decision

under paragraph 3(2) to take no action on an order which has already taken

effect.

Proceedings for questioning validity of orders.

6. (1) In this paragraph the “relevant date” is, in the case of an order —

(a) in respect of which no representations have been made under

paragraph 3, 15 days from the publication of the notice under

paragraph 2(1); and

(b) in respect of which representations have been made, the date

on which the Minister gives notice under paragraph 5.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(2) If any person is aggrieved by an order to which this paragraph applies

and desires to question its validity on the grounds that it is not within the

powers of section 17M or that any of the requirements of this Schedule have

not been complied with in relation to it, he may within six weeks from the

date of the relevant date made an application to the Supreme Court under

this paragraph.

(3) On any such application the court may, if satisfied that the order is not

within those powers or that the interests of the applicant have been

substantially prejudiced by a failure to comply with any of those

requirements, quash the order, or any provision of the order, either generally

or in so far as it affects the interests of the applicant.

(4) Except as provided by this paragraph, the validity of an order shall not

be questioned in any legal proceedings whatsoever.

Interpretation.

7. In this Schedule —

“amending order” and “revoking order” mean an order which amends or,

as the case may be, revokes a previous order;

“order” means an order under section 17M.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 5

Section 2

COUNCIL DIRECTIVE 92/43/EEC

of 21 May 1992

on the conservation of natural habitats and of wild fauna and flora

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic

Community, and in particular Article 130s thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas the preservation, protection and improvement of the quality of the

environment, including the conservation of natural habitats and of wild

fauna and flora, are an essential objective of general interest pursued by the

Community, as stated in Article 130r of the Treaty;

Whereas the European Community policy and action programme on the

environment (1987 to 1992)(4) makes provision for measures regarding the

conservation of nature and natural resources;

Whereas, the main aim of this Directive being to promote the maintenance

of biodiversity, taking account of economic, social, cultural and regional

requirements, this Directive makes a contribution to the general objective of

sustainable development; whereas the maintenance of such biodiversity may

in certain cases require the maintenance, or indeed the encouragement, of

human activities;

Whereas, in the European territory of the Member States, natural habitats

are continuing to deteriorate and an increasing number of wild species are

seriously threatened; whereas given that the threatened habitats and species

form part of the Community's natural heritage and the threats to them are

often of a transboundary nature, it is necessary to take measures at

Community level in order to conserve them;

(1)

OJ No C 247, 21. 9. 1988, p. 3 and OJ No C 195, 3. 8. 1990, p. 1.

(2)

OJ No C 75, 20. 3. 1991, p. 12.

(3)

OJ No C 31, 6. 2. 1991, p. 25.

(4)

OJ No C 328, 7. 12. 1987, p. 1.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Whereas, in view of the threats to certain types of natural habitat and certain

species, it is necessary to define them as having priority in order to favour

the early implementation of measures to conserve them;

Whereas, in order to ensure the restoration or maintenance of natural

habitats and species of Community interest at a favourable conservation

status, it is necessary to designate special areas of conservation in order to

create a coherent European ecological network according to a specified

timetable;

Whereas all the areas designated, including those classified now or in the

future as special protection areas pursuant to Council Directive 79/409/EEC

of 2 April 1979 on the conservation of wild birds(5), will have to be

incorporated into the coherent European ecological network;

Whereas it is appropriate, in each area designated, to implement the

necessary measures having regard to the conservation objectives pursued;

Whereas sites eligible for designation as special areas of conservation are

proposed by the Member States but whereas a procedure must nevertheless

be laid down to allow the designation in exceptional cases of a site which

has not been proposed by a Member State but which the Community

considers essential for either the maintenance or the survival of a priority

natural habitat type or a priority species;

Whereas an appropriate assessment must be made of any plan or

programme likely to have a significant effect on the conservation objectives

of a site which has been designated or is designated in future;

Whereas it is recognized that the adoption of measures intended to promote

the conservation of priority natural habitats and priority species of

Community interest is a common responsibility of all Member States;

whereas this may, however, impose an excessive financial burden on certain

Member States given, on the one hand, the uneven distribution of such

habitats and species throughout the Community and, on the other hand, the

fact that the ‘polluter pays’ principle can have only limited application in

the special case of nature conservation;

Whereas it is therefore agreed that, in this exceptional case, a contribution

by means of Community co-financing should be provided for within the

limits of the resources made available under the Community's decisions;

Whereas land-use planning and development policies should encourage the

management of features of the landscape which are of major importance for

wild fauna and flora;

(5)

OJ No L 103, 25. 4. 1979, p. 1. Directive as last amended by Directive 91/244/ECC (OJ No L 115, 8. 5. 1991, p. 41).

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Whereas a system should be set up for surveillance of the conservation

status of the natural habitats and species covered by this Directive;

Whereas a general system of protection is required for certain species of

flora and fauna to complement Directive 79/409/EEC; whereas provision

should be made for management measures for certain species, if their

conservation status so warrants, including the prohibition of certain means

of capture or killing, whilst providing for the possibility of derogations on

certain conditions;

Whereas, with the aim of ensuring that the implementation of this Directive

is monitored, the Commission will periodically prepare a composite report

based, inter alia, on the information sent to it by the Member States regarding the application of national provisions adopted under this

Directive;

Whereas the improvement of scientific and technical knowledge is essential

for the implementation of this Directive; whereas it is consequently

appropriate to encourage the necessary research and scientific work;

Whereas technical and scientific progress mean that it must be possible to

adapt the Annexes; whereas a procedure should be established whereby the

Council can amend the Annexes;

Whereas a regulatory committee should be set up to assist the Commission

in the implementation of this Directive and in particular when decisions on

Community co-financing are taken;

Whereas provision should be made for supplementary measures governing

the reintroduction of certain native species of fauna and flora and the

possible introduction of non-native species;

Whereas education and general information relating to the objectives of this

Directive are essential for ensuring its effective implementation,

HAS ADOPTED THIS DIRECTIVE:

Definitions

Article 1

For the purpose of this Directive:

(a) conservation means a series of measures required to maintain or restore

the natural habitats and the populations of species of wild fauna and flora at

a favourable status as defined in (e) and (i);

(b) natural habitats means terrestrial or aquatic areas distinguished by

geographic, abiotic and biotic features, whether entirely natural or semi-

natural;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) natural habitat types of Community interest means those which, within

the territory referred to in Article 2:

(i) are in danger of disappearance in their natural range; or

(ii) have a small natural range following their regression or by

reason of their intrinsically restricted area; or

(iii) present outstanding examples of typical characteristics of one

or more of the nine following biogeographical regions: Alpine,

Atlantic, Black Sea, Boreal, Continental, Macaronesian,

Mediterranean, Pannonian and Steppic.

Such habitat types are listed or may be listed in Annex I;

(d) priority natural habitat types means natural habitat types in danger of disappearence, which are present on the territory referred to in Article 2 and

for the conservation of which the Community has particular responsibility in

view of the proportion of their natural range which falls within the territory

referred to in Article 2; these priority natural habitat types are indicated by

an asterisk (*) in Annex I;

(e) conservation status of a natural habitat means the sum of the influences

acting on a natural habitat and its typical species that may affect its long-

term natural distribution, structure and functions as well as the long-term

survival of its typical species within the territory referred to in Article 2.

The conservation status of a natural habitat will be taken as ‘favourable’

when:

— its natural range and areas it covers within that range are stable or

increasing, and

— the specific structure and functions which are necessary for its long-term

maintenance exist and are likely to continue to exist for the foreseeable

future, and

— the conservation status of its typical species is favourable as defined in

(i);

(f) habitat of a species means an environment defined by specific abiotic

and biotic factors, in which the species lives at any stage of its biological

cycle;

(g) species of Community interest means species which, within the territory

referred to in Article 2, are:

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(i) endangered, except those species whose natural range is

marginal in that territory and which are not endangered or

vulnerable in the western palearctic region; or

(ii) vulnerable, i.e. believed likely to move into the endangered

category in the near future if the causal factors continue

operating;or

(iii) rare, i.e. withsmall populations that are not at present

endangered or vulnerable, but are at risk. The species are

located within restricted geographical areas or are thinly

scattered over a more extensive range; or

(iv) endemic and requiring particular attention by reason of the

specific nature of their habitat and/or the potential impact of

their exploitation on their habitat and/or the potential impact of

their exploitation on their conservation status.

Such species are listed or may be listed in Annex II and/or Annex IV or V;

(h) priority species means species referred to in (g) (i) for the conservation of which the Community has particular responsibility in view of the

proportion of their natural range which falls within the territory referred to

in Article 2; these priority species are indicated by an asterisk (*) in Annex

II;

(i) conservation status of a species means the sum of the influences acting

on the species concerned that may affect the long-term distribution and

abundance of its populations within the territory referred to in Article 2;

The conservation status will be taken as ‘favourable’ when:

— population dynamics data on the species concerned indicate that it is

maintaining itself on a long-term basis as a viable component of its natural

habitats, and

— the natural range of the species is neither being reduced nor is likely to

be reduced for the foreseeable future, and

— there is, and will probably continue to be, a sufficiently large habitat to

maintain its populations on a long-term basis;

(j) site means a geographically defined area whose extent is clearly

delineated;

(k) site of Community importance means a site which, in the biogeographical region or regions to which it belongs, contributes significantly to the maintenance or restoration at a favourable conservation

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

status of a natural habitat type in Annex I or of a species in Annex II and

may also contribute significantly to the coherence of Natura 2000 referred to

in Article 3, and/or contributes significantly to the maintenance of

biological diversity within the biogeographic region or regions concerned.

For animal species ranging over wide areas, sites of Community importance

shall correspond to the places within the natural range of such species which

present the physical or biological factors essential to their life and

reproduction;

(l) special area of conservation means a site of Community importance

designated by the Member States through a statutory, administrative and/or

contractual act where the necessary conservation measures are applied for

the maintenance or restoration, at a favourable conservation status, of the

natural habitats and/or the populations of the species for which the site is

designated;

(m) specimen means any animal or plant, whether alive or dead, of the

species listed in Annex IV and Annex V, any part or derivative thereof, as

well as any other goods which appear, from an accompanying document,

the packaging or a mark or label, or from any other circumstances, to be

parts or derivatives of animals or plants of those species;

(n) the committee means the committee set up pursuant to Article 20.

Article 2

1. The aim of this Directive shall be to contribute towards ensuring bio-

diversity through the conservation of natural habitats and of wild fauna and

flora in the European territory of the Member States to which the Treaty

applies.

2. Measures taken pursuant to this Directive shall be designed to maintain or

restore, at favourable conservation status, natural habitats and species of

wild fauna and flora of Community interest.

3. Measures taken pursuant to this Directive shall take account of economic,

social and cultural requirements and regional and local characteristics.

Conservation of natural habitats and habitats of species

Article 3

1. A coherent European ecological network of special areas of conservation

shall be set up under the title Natura 2000. This network, composed of sites

hosting the natural habitat types listed in Annex I and habitats of the species

listed in Annex II, shall enable the natural habitat types and the species'

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

habitats concerned to be maintained or, where appropriate, restored at a

favourable conservation status in their natural range.

The Natura 2000 network shall include the special protection areas

classified by the Member States pursuant to Directive 79/409/EEC.

2. Each Member State shall contribute to the creation of Natura 2000 in

proportion to the representation within its territory of the natural habitat

types and the habitats of species referred to in paragraph 1. To that effect

each Member State shall designate, in accordance with Article 4, sites as

special areas of conservation taking account of the objectives set out in

paragraph1.

3. Where they consider it necessary, Member States shall endeavour to

improve the ecological coherence of Natura 2000 by maintaining, and where

appropriate developing, features of the landscape which are of major

importance for wild fauna and flora, as referred to in Article 10.

Article 4

1. On the basis of the criteria set out in Annex III (Stage 1) and relevant

scientific information, each Member State shall propose a list of sites

indicating which natural habitat types in Annex I and which species in

Annex II that are native to its territory the sites host. For animal species

ranging over wide areas these sites shall correspond to the places within the

natural range of such species which present the physical or biological

factors essential to their life and reproduction. For aquatic species which

range over wide areas, such sites will be proposed only where there is a

clearly identifiable area representing the physical and biological factors

essential to their life and reproduction. Where appropriate, Member States

shall propose adaptation of the list in the light of the results of the

surveillance referred to in Article 11.

The list shall be transmitted to the Commission, within three years of the

notification of this Directive, together with information on each site. That

information shall include a map of the site, its name, location, extent and the

data resulting from application of the criteria specified in Annex III (Stage

1) provided in a format established by the Commission in accordance with

the procedure laid down in Article 21.

2. On the basis of the criteria set out in Annex III (Stage 2) and in the

framework both of each of the nine biogeographical regions referred to in

Article 1 (c) (iii) and of the whole of the territory referred to in Article 2 (1),

the Commission shall establish, in agreement with each Member State, a

draft list of sites of Community importance drawn from the Member States’

lists identifying those which host one or more priority natural habitat types

or priority species.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Member States whose sites hosting one or more priority natural habitat

types and priority species represent more than 5 % of their national territory

may, in agreement with the Commission, request that the criteria listed in

Annex III (Stage 2) be applied more flexibly in selecting all the sites of

Community importance in their territory.

The list of sites selected as sites of Community importance, identifying

those which host one or more priority natural habitat types or priority

species, shall be adopted by the Commission in accordance with the

procedure laid down in Article 21.

3. The list referred to in paragraph 2 shall be established within six years of

the notification of this Directive.

4. Once a site of Community importance has been adopted in accordance

with the procedure laid down in paragraph 2, the Member State concerned

shall designate that site as a special area of conservation as soon as possible

and within six years at most, establishing priorities in the light of the

importance of the sites for the maintenance or restoration, at a favourable

conservation status, of a natural habitat type in Annex I or a species in

Annex II and for the coherence of Natura 2000, and in the light of the

threats of degradation or destruction to which those sites are exposed.

5. As soon as a site is placed on the list referred to in the third

subparagraphof paragraph2 it shall be subject to Article 6 (2), (3) and (4).

Article 5

1. In exceptional cases where the Commission finds that a national list as

referred to in Article 4 (1) fails to mention a site hosting a priority natural

habitat type or priority species which, on the basis of relevant and reliable

scientific information, it considers to be essential for the maintenance of that

priority natural habitat type or for the survival of that priority species, a

bilateral consultation procedure shall be initiated between that Member

State and the Commission for the purpose of comparing the scientific data

used by each.

2. If, on expiry of a consultation period not exceeding six months, the

dispute remains unresolved, the Commission shall forward to the Council a

proposal relating to the selection of the site as a site of Community

importance.

3. The Council, acting unanimously, shall take a decision within three

months of the date of referral.

4. During the consultation period and pending a Council decision, the site

concerned shall be subject to Article 6 (2).

Article 6

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

1. For special areas of conservation, Member States shall establish the

necessary conservation measures involving, if need be, appropriate

management plans specifically designed for the sites or integrated into other

development plans, and appropriate statutory, administrative or contractual

measures which correspond to the ecological requirements of the natural

habitat types in Annex I and the species in Annex II present on the sites.

2. Member States shall take appropriate steps to avoid, in the special areas

of conservation, the deterioration of natural habitats and the habitats of

species as well as disturbance of the species for which the areas have been

designated, in so far as such disturbance could be significant in relation to

the objectives of this Directive.

3. Any plan or project not directly connected with or necessary to the

management of the site but likely to have a significant effect thereon, either

individually or in combination with other plans or projects, shall be subject

to appropriate assessment of its implications for the site in view of the site's

conservation objectives. In the light of the conclusions of the assessment of

the implications for the site and subject to the provisions of paragraph 4, the

competent national authorities shall agree to the plan or project only after

having ascertained that it will not adversely affect the integrity of the site

concerned and, if appropriate, after having obtained the opinion of the

general public.

4. If, in spite of a negative assessment of the implications for the site and in

the absence of alternative solutions, a plan or project must nevertheless be

carried out for imperative reasons of overriding public interest, including

those of a social or economic nature, the Member State shall take all

compensatory measures necessary to ensure that the overall coherence of

Natura 2000 is protected. It shall inform the Commission of the

compensatory measures adopted.

Where the site concerned hosts a priority natural habitat type and/or a

priority species, the only considerations which may be raised are those

relating to human health or public safety, to beneficial consequences of

primary importance for the environment or, further to an opinion from the

Commission, to other imperative reasons of overriding public interest.

Article 7

Obligations arising under Article 6 (2), (3) and (4) of this Directive shall

replace any obligations arising under the first sentence of Article 4 (4) of

Directive 79/409/EEC in respect of areas classified pursuant to Article 4 (1)

or similarly recognized under Article 4 (2) thereof, as from the date of

implementation of this Directive or the date of classification or recognition

by a Member State under Directive 79/409/EEC, where the latter date is

later.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Article 8

1. In parallel with their proposals for sites eligible for designation as special

areas of conservation, hosting priority natural habitat types and/ or priority

species, the Member States shall send, as appropriate, to the Commission

their estimates relating to the Community co-financing which they consider

necessary to allow them to meet their obligations pursuant to Article 6 (1).

2. In agreement with each of the Member States concerned, the Commission

shall identify, for sites of Community importance for which co-financing is

sought, those measures essential for the maintenance or re-establishment at

a favourable conservation status of the priority natural habitat types and

priority species on the sites concerned, as well as the total costs arising from

those measures.

3. The Commission, in agreement with the Member States concerned, shall

assess the financing, including co-financing, required for the operation of

the measures referred to in paragraph 2, taking into account, amongst other

things, the concentration on the Member State's territory of priority natural

habitat types and/or priority species and the relative burdens which the

required measures entail.

4. According to the assessment referred to in paragraphs 2 and 3, the

Commission shall adopt, having regard to the available sources of funding

under the relevant Community instruments and according to the procedure

set out in Article 21, a prioritized action framework of measures involving

co-financing to be taken when the site has been designated under Article 4

(4).

5. The measures which have not been retained in the action framework for

lack of sufficient resources, as well as those included in the abovementioned

action framework which have not received the necessary co-financing or

have only been partially co-financed, shall be reconsidered in accordance

with the procedure set out in Article 21, in the context of the two-yearly

review of the action framework and may, in the maintime, be postponed by

the Member States pending such review. This review shall take into

account, as appropriate, the new situation of the site concerned.

6. In areas where the measures dependent on co-financing are postponed,

Member States shall refrain from any new measures likely to result in

deterioration of those areas.

Article 9

The Commission, acting in accordance with the procedure laid down in

Article 21, shall periodically review the contribution of Natura 2000

towards achievement of the objectives set out in Article 2 and 3. In this

context, a special area of conservation may be considered for

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

declassification where this is warranted by natural developments noted as a

result of the surveillance provided for in Article 11.

Article 10

Member States shall endeavour, where they consider it necessary, in their

land-use planning and development policies and, in particular, with a view

to improving the ecological coherence of the Natura 2000 network, to

encourage the management of features of the landscape which are of major

importance for wild fauna and flora.

Such features are those which, by virtue of their linear and continuous

structure (such as rivers with their banks or the traditional systems for

marking field boundaries) or their function as stepping stones (such as

ponds or small woods), are essential for the migration, dispersal and genetic

exchange of wild species.

Article 11

Member States shall undertake surveillance of the conservation status of the

natural habitats and species referred to in Article 2 with particular regard to

priority natural habitat types and priority species.

Protection of species

Article 12

1. Member States shall take the requisite measures to establish a system of

strict protection for the animal species listed in Annex IV (a) in their natural

range, prohibiting:

(a) all forms of deliberate capture or killing of specimens of these species in

the wild;

(b) deliberate disturbance of these species, particularly during the period of

breeding, rearing, hibernation and migration;

(c) deliberate destruction or taking of eggs from the wild;

(d) deterioration or destruction of breeding sites or resting places.

2. For these species, Member States shall prohibit the keeping, transport and

sale or exchange, and offering for sale or exchange, of specimens taken

from the wild, except for those taken legally before this Directive is

implemented.

3. The prohibition referred to in paragraph 1 (a) and (b) and paragraph 2

shall apply to all stages of life of the animals to which this Article applies.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

4. Member States shall establish a system to monitor the incidential capture

and killing of the animal species listed in Annex IV (a). In the light of the

information gathered, Member States shall take further research or

conservation measures as required to ensure that incidental capture and

killing does not have a significant negative impact on the species concerned.

Article 13

1. Member States shall take the requisite measures to establish a system of

strict protection for the plant species listed in Annex IV (b), prohibiting:

(a) the deliberate picking, collecting, cutting, uprooting or destruction of

such plants in their natural range in the wild;

(b) the keeping, transport and sale or exchange and offering for sale or

exchange of specimens of such species taken in the wild, except for those

taken legally before this Directive is implemented.

2. The prohibitions referred to in paragraph 1 (a) and (b) shall apply to all

stages of the biological cycle of the plants to which this Article applies.

Article 14

1. If, in the light of the surveillance provided for in Article 11, Member

States deem it necessary, they shall take measures to ensure that the taking

in the wild of specimens of species of wild fauna and flora listed in Annex

V as well as their exploitation is compatible with their being maintained at a

favourable conservation status.

2. Where such measures are deemed necessary, they shall include

continuation of the surveillance provided for in Article 11. Such measures

may also include in particular:

— regulations regarding access to certain property,

— temporary or local prohibition of the taking of specimens in the wild and

exploitation of certain populations,

— regulation of the periods and/or methods of taking specimens,

— application, when specimens are taken, of hunting and fishing rules

which take account of the conservation of such populations,

— establishment of a system of licences for taking specimens or of quotas,

— regulation of the purchase, sale, offering for sale, keeping for sale or

transport for sale of specimens,

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

— breeding in captivity of animal species as well as artificial propagation of

plant species, under strictly controlled conditions, with a view to reducing

the taking of specimens of the wild,

— assessment of the effect of the measures adopted.

Article 15

In respect of the capture or killing of species of wild fauna listed in Annex

V (a) and in cases where, in accordance with Article 16, derogations are

applied to the taking, capture or killing of species listed in Annex IV (a),

Member States shall prohibit the use of all indiscriminate means capable of

causing local disappearance of, or serious disturbance to, populations of

such species, and in particular:

(a) use of the means of capture and killing listed in Annex VI (a);

(b) any form of capture and killing from the modes of transport

referred to in Annex VI (b).

Article 16

1. Provided that there is no satisfactory alternative and the derogation is not

detrimental to the maintenance of the populations of the species concerned

at a favourable conservation status in their natural range, Member States

may derogate from the provisions of Articles 12, 13, 14 and 15 (a) and (b):

(a) in the interest of protecting wild fauna and flora and conserving natural

habitats;

(b) to prevent serious damage, in particular to crops, livestock, forests,

fisheries and water and other types of property;

(c) in the interests of public health and public safety, or for other imperative

reasons of overriding public interest, including those of a social or economic

nature and beneficial consequences of primary importance for the

environment;

(d) for the purpose of research and education, of repopulating and

reintroducing these species and for the breedings operations necessary for

these purposes, including the artificial propagation of plants;

(e) to allow, under strictly supervised conditions, on a selective basis and to

a limited extent, the taking or keeping of certain specimens of the species

listed in Annex IV in limited numbers specified by the competent national

authorities.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2. Member States shall forward to the Commission every two years a report

in accordance with the format established by the Committee on the

derogations applied under paragraph 1. The Commission shall give its

opinion on these derogations within a maximum time limit of 12 months

following receipt of the report and shall give an account to the Committee.

3. The reports shall specify:

(a) the species which are subject to the derogations and the reason for the

derogation, including the nature of the risk, with, if appropriate, a reference

to alternatives rejected and scientific data used;

(b) the means, devices or methods authorized for the capture or killing of

animal species and the reasons for their use;

(c) the circumstances of when and where such derogations are granted;

(d) the authority empowered to declare and check that the required

conditions obtain and to decide what means, devices or methods may be

used, within what limits and by what agencies, and which persons are to carry out the task;

(e) the supervisory measures used and the results obtained.

Information

Article 17

1. Every six years from the date of expiry of the period laid down in Article

23, Member States shall draw up a report on the implementation of the

measures taken under this Directive. This report shall include in particular

information concerning the conservation measures referred to in Article 6

(1) as well as evaluation of the impact of those measures on the

conservation status of the natural habitat types of Annex I and the species in

Annex II and the main results of the surveillance referred to in Article 11.

The report, in accordance with the format established by the committee,

shall be forwarded to the Commission and made accessible to the public.

2. The Commission shall prepare a composite report based on the reports

referred to in paragraph 1. This report shall include an appropriate

evaluation of the progress achieved and, in particular, of the contribution of

Natura 2000 to the achievement of the objectives set out in Article 3. A

draft of the part of the report covering the information supplied by a

Member State shall be forwarded to the Member State in question for

verification. After submission to the committee, the final version of the

report shall be published by the Commission, not later than two years after

receipt of the reports referred to in paragraph 1, and shall be forwarded to

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

the Member States, the European Parliament, the Council and the Economic

and Social Committee.

3. Member States may mark areas designated under this Directive by means

of Community notices designed for that purpose by the committee.

Research

Article 18

1. Member States and the Commission shall encourage the necessary

research and scientific work having regard to the objectives set out in

Article 2 and the obligation referred to in Article 11. They shall exchange

information for the purposes of proper coordination of research carried out

at Member State and at Community level.

2. Particular attention shall be paid to scientific work necessary for the

implementation of Articles 4 and 10, and transboundary cooperative

research between Member States shall be encouraged.

Procedure for amending the Annexes

Article 19

Such amendments as are necessary for adapting Annexes I, II, III, V and VI

to technical and scientific progress shall be adopted by the Council acting

by qualified majority on a proposal from the Commission.

Such amendments as are necessary for adapting Annex IV to technical and

scientific progress shall be adopted by the Council acting unanimously on a

proposal from the Commission.

Committee

Article 20

The Commission shall be assisted by a committee.

Article 21

1. Where reference is made to this Article, Articles 5 and 7 of Decision

1999/468/EC(1) shall apply, having regard to the provisions of Article 8

thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set

at three months.

(1)

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers

conferred on the Commission (OJ L 184, 17.7.1999, p. 23).

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2. The Committee shall adopt its rules of procedure.

Supplementary provisions

Article 22

In implementing the provisions of this Directive, Member States shall:

(a) study the desirability of re-introducing species in Annex IV that are

native to their territory where this might contribute to their conservation,

provided that an investigation, also taking into account experience in other

Member States or elsewhere, has established that such re-introduction

contributes effectively to re-establishing these species at a favourable

conservation status and that it takes place only after proper consultation of

the public concerned;

(b) ensure that the deliberate introduction into the wild of any species which

is not native to their territory is regulated so as not to prejudice natural

habitats within their natural range or the wild native fauna and flora and, if

they consider it necessary, prohibit such introduction. The results of the

assessment undertaken shall be forwarded to the committee for information;

(c) promote education and general information on the need to protect

species of wild fauna and flora and to conserve their habitats and natural

habitats.

Final provisions

Article 23

1. Member States shall bring into force the laws, regulations and

administrative provisions necessary to comply with this Directive within

two years of its notification. They shall forthwith inform the Commission

thereof.

2. When Member States adopt such measures, they shall contain a reference

to this Directive or be accompanied by such reference on the occasion of

their official publication. The methods of making such a reference shall be

laid down by the Member States.

3. Member States shall communicate to the Commission the main

provisions of national law which they adopt in the field covered by this

Directive.

Article 24

This Directive is addressed to the Member States.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANNEX I

NATURAL HABITAT TYPES OF COMMUNITY INTEREST

WHOSE CONSERVATION REQUIRES THE DESIGNATION OF

SPECIAL AREAS OF CONSERVATION

Interpretation

Guidance on the interpretation of habitat types is given in the “Interpretation

Manual of European Union Habitats” as approved by the committee set up

under Article 20 (“Habitats Committee”) and published by the European

Commission(*).

The code corresponds to the NATURA 2000 code.

The sign “*” indicates priority habitat types.

1. COASTAL AND HALOPHYTIC HABITATS

11. Open sea and tidal areas

1110 Sandbanks which are slightly covered by sea water all the time

1120 * Posidonia beds (Posidonion oceanicae)

1130 Estuaries

1140 Mudflats and sandflats not covered by seawater at low tide

1150 * Coastal lagoons

1160 Large shallow inlets and bays

1170 Reefs

1180 Submarine structures made by leaking gases

12. Sea cliffs and shingle or stony beaches

1210 Annual vegetation of drift lines

1220 Perennial vegetation of stony banks

1230 Vegetated sea cliffs of the Atlantic and Baltic Coasts

1240 Vegetated sea cliffs of the Mediterranean coasts with endemic

Limonium spp.

1250 Vegetated sea cliffs with endemic flora of the Macaronesian coasts

13. Atlantic and continental salt marshes and salt meadows

1310 Salicornia and other annuals colonizing mud and sand

1320 Spartina swards (Spartinion maritimae)

1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae)

(*)

“Interpretation Manual of European Union Habitats”, version EUR 15/2″ adopted by the Habitats Committee on 4

October 1999 and “Amendments to the “Interpretation Manual of European Union Habitats” with a view to EU

enlargement” (Hab. 01/11b-rev. 1) adopted by the Habitats Committee on 24 April 2002 after written consultation,

European Commission, Directorate General for Environment.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

1340 * Inland salt meadows

14. Mediterranean and thermo-Atlantic salt marshes and salt meadows

1410 Mediterranean salt meadows (Juncetalia maritimi)

1420 Mediterranean and thermo-Atlantic halophilous scrubs

(Sarcocornetea fruticosi)

1430 Halo-nitrophilous scrubs (Pegano-Salsoletea)

15. Salt and gypsum inland steppes

1510 * Mediterranean salt steppes (Limonietalia)

1520 * Iberian gypsum vegetation (Gypsophiletalia)

1530 * Pannonic salt steppes and salt marshes

16. Boreal Baltic archipelago, coastal and landupheaval areas

1610 Baltic esker islands with sandy, rocky and shingle beach vegetation

and sublittoral vegetation

1620 Boreal Baltic islets and small islands

1630 * Boreal Baltic coastal meadows

1640 Boreal Baltic sandy beaches with perennial vegetation

1650 Boreal Baltic narrow inlets

2. COASTAL SAND DUNES AND INLAND DUNES

21. Sea dunes of the Atlantic, North Sea and Baltic coasts

2110 Embryonic shifting dunes

2120 Shifting dunes along the shoreline with Ammophila arenaria (“white

dunes”)

2130 * Fixed coastal dunes with herbaceous vegetation (“grey dunes”)

2140 * Decalcified fixed dunes with Empetrum nigrum

2150 * Atlantic decalcified fixed dunes (Calluno-Ulicetea)

2160 Dunes with Hippophaë rhamnoides

2170 Dunes with Salix repens ssp. argentea (Salicion arenariae)

2180 Wooded dunes of the Atlantic, Continental and Boreal region

2190 Humid dune slacks

21A0 Machairs (* in Ireland)

22. Sea dunes of the Mediterranean coast

2210 Crucianellion maritimae fixed beach dunes

2220 Dunes with Euphorbia terracina

2230 Malcolmietalia dune grasslands

2240 Brachypodietalia dune grasslands with annuals

2250 * Coastal dunes with Juniperus spp.

2260 Cisto-Lavenduletalia dune sclerophyllous scrubs

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2270 * Wooded dunes with Pinus pinea and/or Pinus pinaster

23. Inland dunes, old and decalcified

2310 Dry sand heaths with Calluna and Genista

2320 Dry sand heaths with Calluna and Empetrum nigrum

2330 Inland dunes with open Corynephorus and Agrostis grasslands

2340 * Pannonic inland dunes

3. FRESHWATER HABITATS

31. Standing water

3110 Oligotrophic waters containing very few minerals of sandy plains

(Littorelletalia uniflorae)

3120 Oligotrophic waters containing very few minerals generally on

sandy soils of the West Mediterranean, with Isoetes spp.

3130 Oligotrophic to mesotrophic standing waters with vegetation of the

Littorelletea uniflorae and/or of the Isoëto-Nanojuncetea

3140 Hard oligo-mesotrophic waters with benthic vegetation of Chara

spp.

3150 Natural eutrophic lakes with Magnopotamion or Hydrocharition

type vegetation

3160 Natural dystrophic lakes and ponds

3170 * Mediterranean temporary ponds

3180 * Turloughs

3190 Lakes of gypsum karst

31A0 * Transylvanian hot-spring lotus beds

32. Running water—sections of water courses with natural or semi-

natural dynamics (minor, average and major beds) where the water

quality shows no significant deterioration

3210 Fennoscandian natural rivers

3220 Alpine rivers and the herbaceous vegetation along their banks

3230 Alpine rivers and their ligneous vegetation with Myricaria

germanica

3240 Alpine rivers and their ligneous vegetation with Salix elaeagnos

3250 Constantly flowing Mediterranean rivers with Glaucium flavum

3260 Water courses of plain to montane levels with the Ranunculion

fluitantis and Callitricho-Batrachion vegetation

3270 Rivers with muddy banks with Chenopodion rubri p.p. and

Bidention p.p. vegetation

3280 Constantly flowing Mediterranean rivers with Paspalo-Agrostidion

species and hanging curtains of Salix and Populus alba

3290 Intermittently flowing Mediterranean rivers of the Paspalo-

Agrostidion

32A0 Tufa cascades of karstic rivers in the Dinaric Alps

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

4. TEMPERATE HEATH AND SCRUB

4010 Northern Atlantic wet heaths with Erica tetralix

4020 * Temperate Atlantic wet heaths with Erica ciliaris and Erica

tetralix

4030 European dry heaths

4040 * Dry Atlantic coastal heaths with Erica vagans

4050 * Endemic macaronesian heaths

4060 Alpine and Boreal heaths

4070 * Bushes with Pinus mugo and Rhododendron hirsutum (Mugo-

Rhododendretum hirsuti)

4080 Sub-Arctic Salix spp. Scrub

4090 Endemic oro-Mediterranean heaths with gorse

40A0 * Subcontinental peri-Pannonic scrub

40B0 Rhodope Potentilla fruticosa thickets

40C0 * Ponto-Sarmatic deciduous thickets

5. SCLEROPHYLLOUS SCRUB (MATORRAL)

51. Sub-Mediterranean and temperate scrub

5110 Stable xerothermophilous formations with Buxus sempervirens on

rock slopes (Berberidion p.p.)

5120 Mountain Cytisus purgans formations

5130 Juniperus communis formations on heaths or calcareous grasslands

5140 * Cistus palhinhae formations on maritime wet heaths

52. Mediterranean arborescent matorral

5210 Arborescent matorral with Juniperus spp.

5220 * Arborescent matorral with Zyziphus

5230 * Arborescent matorral with Laurus nobilis

53. Thermo-Mediterranean and pre-steppe brush

5310 Laurus nobilis thickets

5320 Low formations of Euphorbia close to cliffs

5330 Thermo-Mediterranean and pre-desert scrub

54. Phrygana

5410 West Mediterranean clifftop phryganas (Astragalo-Plantaginetum

subulatae)

5420 Sarcopoterium spinosum phryganas

5430 Endemic phryganas of the Euphorbio-Verbascion

6. NATURAL AND SEMI-NATURAL GRASSLAND FORMATIONS

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

61. Natural grasslands

6110 * Rupicolous calcareous or basophilic grasslands of the Alysso-

Sedion albi

6120 * Xeric sand calcareous grasslands

6130 Calaminarian grasslands of the Violetalia calaminariae

6140 Siliceous Pyrenean Festuca eskia grasslands

6150 Siliceous alpine and boreal grasslands

6160 Oro-Iberian Festuca indigesta grasslands

6170 Alpine and subalpine calcareous grasslands

6180 Macaronesian mesophile grasslands

6190 Rupicolous pannonic grasslands (Stipo-Festucetalia pallentis)

62. Semi-natural dry grasslands and scrubland facies

6210 Semi-natural dry grasslands and scrubland facies on calcareous

substrates (Festuco-Brometalia) (* important orchid sites)

6220 * Pseudo-steppe with grasses and annuals of the Thero-

Brachypodietea

6230 * Species-rich Nardus grasslands, on silicious substrates in mountain

areas (and submountain areas in Continental Europe)

6240 * Sub-Pannonic steppic grasslands

6250 * Pannonic loess steppic grasslands

6260 * Pannonic sand steppes

6270 * Fennoscandian lowland species-rich dry to mesic grasslands

6280 * Nordic alvar and precambrian calcareous flatrocks

62A0 Eastern sub-Mediterranean dry grasslands (Scorzoneratalia villosae)

62B0 * Serpentinophilous grassland of Cyprus

62C0 * Ponto-Sarmatic steppes

62D0 Oro-Moesian acidophilous grasslands

63. Sclerophillous grazed forests (dehesas)

6310 Dehesas with evergreen Quercus spp.

64. Semi-natural tall-herb humid meadows

6410 Molinia meadows on calcareous, peaty or clayey-silt-laden soils

(Molinion caeruleae)

6420 Mediterranean tall humid grasslands of the Molinio-Holoschoenion

6430 Hydrophilous tall herb fringe communities of plains and of the

montane to alpine levels

6440 Alluvial meadows of river valleys of the Cnidion dubii

6450 Northern boreal alluvial meadows

6460 Peat grasslands of Troodos

65. Mesophile grasslands

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

6510 Lowland hay meadows (Alopecurus pratensis, Sanguisorba

officinalis)

6520 Mountain hay meadows

6530 * Fennoscandian wooded meadows

6540 Sub-Mediterranean grasslands of the Molinio-Hordeion secalini

7. RAISED BOGS AND MIRES AND FENS

71. Sphagnum acid bogs

7110 * Active raised bogs

7120 Degraded raised bogs still capable of natural regeneration

7130 Blanket bogs (* if active bog)

7140 Transition mires and quaking bogs

7150 Depressions on peat substrates of the Rhynchosporion

7160 Fennoscandian mineral-rich springs and springfens

72. Calcareous fens

7210 * Calcareous fens with Cladium mariscus and species of the

Caricion davallianae

7220 * Petrifying springs with tufa formation (Cratoneurion)

7230 Alkaline fens

7240 * Alpine pioneer formations of the Caricion bicoloris-atrofuscae

73. Boreal mires

7310 * Aapa mires

7320 * Palsa mires

8. ROCKY HABITATS AND CAVES

81. Scree

8110 Siliceous scree of the montane to snow levels (Androsacetalia

alpinae and Galeopsietalia ladani)

8120 Calcareous and calcshist screes of the montane to alpine levels

(Thlaspietea rotundifolii)

8130 Western Mediterranean and thermophilous scree

8140 Eastern Mediterranean screes

8150 Medio-European upland siliceous screes

8160 * Medio-European calcareous scree of hill and montane levels

82. Rocky slopes with chasmophytic vegetation

8210 Calcareous rocky slopes with chasmophytic vegetation

8220 Siliceous rocky slopes with chasmophytic vegetation

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

8230 Siliceous rock with pioneer vegetation of the Sedo-Scleranthion or

of the Sedo albi-Veronicion dillenii

8240 * Limestone pavements

83. Other rocky habitats

8310 Caves not open to the public

8320 Fields of lava and natural excavations

8330 Submerged or partially submerged sea caves

8340 Permanent glaciers

9. FORESTS

(Sub)natural woodland vegetation comprising native species forming forests

of tall trees, with typical undergrowth, and meeting the following criteria:

rare or residual, and/or hosting species of Community interest

90. Forests of Boreal Europe

9010 * Western Taïga

9020 * Fennoscandian hemiboreal natural old broad-leaved deciduous

forests (Quercus, Tilia, Acer, Fraxinus or Ulmus) rich in epiphytes

9030 * Natural forests of primary succession stages of landupheaval coast

9040 Nordic subalpine/subarctic forests with Betula pubescens ssp.

czerepanovii

9050 Fennoscandian herb-rich forests with Picea abies

9060 Coniferous forests on, or connected to, glaciofluvial eskers

9070 Fennoscandian wooded pastures

9080 * Fennoscandian deciduous swamp woods

91. Forests of Temperate Europe

9110 Luzulo-Fagetum beech forests

9120 Atlantic acidophilous beech forests with Ilex and sometimes also

Taxus in the shrublayer (Quercion roboripetraeae or Ilici-Fagenion)

9130 Asperulo-Fagetum beech forests

9140 Medio-European subalpine beech woods with Acer and Rumex

arifolius

9150 Medio-European limestone beech forests of the Cephalanthero-

Fagion

9160 Sub-Atlantic and medio-European oak or oak-hornbeam forests of

the Carpinion betuli

9170 Galio-Carpinetum oak-hornbeam forests

9180 * Tilio-Acerion forests of slopes, screes and ravines

9190 Old acidophilous oak woods with Quercus robur on sandy plains

91A0 Old sessile oak woods with Ilex and Blechnum in the British Isles

91B0 Thermophilous Fraxinus angustifolia woods

91C0 * Caledonian forest

91D0 * Bog woodland

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

91E0 * Alluvial forests with Alnus glutinosa and Fraxinus excelsior

(Alno-Padion, Alnion incanae, Salicion albae)

91F0 Riparian mixed forests of Quercus robur, Ulmus laevis and Ulmus

minor, Fraxinus excelsior or Fraxinus angustifolia, along the great

rivers (Ulmenion minoris)

91G0 * Pannonic woods with Quercus petraea and Carpinus betulus

91H0 * Pannonian woods with Quercus pubescens

91I0 * Euro-Siberian steppic woods with Quercus spp.

91J0 * Taxus baccata woods of the British Isles

91K0 Illyrian Fagus sylvatica forests (Aremonio-Fagion)

91L0 Illyrian oak-hornbeam forests (Erythronio-Carpinion)

91M0 Pannonian-Balkanic turkey oak –sessile oak forests

91N0 * Pannonic inland sand dune thicket (Junipero-Populetum albae)

91P0 Holy Cross fir forest (Abietetum polonicum)

91Q0 Western Carpathian calcicolous Pinus sylvestris forests

91R0 Dinaric dolomite Scots pine forests (Genisto januensis-Pinetum)

91S0 * Western Pontic beech forests

91T0 Central European lichen Scots pine forests

91U0 Sarmatic steppe pine forest

91V0 Dacian Beech forests (Symphyto-Fagion)

91W0 Moesian beech forests

91X0 *Dobrogean beech forests

91Y0 Dacian oak & hornbeam forests

91Z0 Moesian silver lime woods

91AA * Eastern white oak woods

91BA Moesian silver fir forests

91CA Rhodopide and Balkan Range Scots pine forests

92. Mediterranean deciduous forests

9210 * Apeninne beech forests with Taxus and Ilex

9220 * Apennine beech forests with Abies alba and beech forests with

Abies nebrodensis

9230 Galicio-Portuguese oak woods with Quercus robur and Quercus

pyrenaica

9240 Quercus faginea and Quercus canariensis Iberian woods

9250 Quercus trojana woods

9260 Castanea sativa woods

9270 Hellenic beech forests with Abies borisii-regis

9280 Quercus frainetto woods

9290 Cupressus forests (Acero-Cupression)

92A0 Salix alba and Populus alba galleries

92B0 Riparian formations on intermittent Mediterranean water courses

with Rhododendron ponticum, Salix and others

92C0 Platanus orientalis and Liquidambar orientalis woods (Platanion

orientalis)

92D0 Southern riparian galleries and thickets (Nerio-Tamaricetea and

Securinegion tinctoriae)

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

93. Mediterranean sclerophyllous forests

9310 Aegean Quercus brachyphylla woods

9320 Olea and Ceratonia forests

9330 Quercus suber forests

9340 Quercus ilex and Quercus rotundifolia forests

9350 Quercus macrolepis forests

9360 * Macaronesian laurel forests (Laurus, Ocotea)

9370 * Palm groves of Phoenix

9380 Forests of Ilex aquifolium

9390 * Scrub and low forest vegetation with Quercus alnifolia

93A0 Woodlands with Quercus infectoria (Anagyro foetidae-Quercetum

infectoriae)

94. Temperate mountainous coniferous forests

9410 Acidophilous Picea forests of the montane to alpine levels

(Vaccinio-Piceetea)

9420 Alpine Larix decidua and/or Pinus cembra forests

9430 Subalpine and montane Pinus uncinata forests (* if on gypsum or

limestone)

95. Mediterranean and Macaronesian mountainous coniferous forests

9510 * Southern Apennine Abies alba forests

9520 Abies pinsapo forests

9530 * (Sub-) Mediterranean pine forests with endemic black pines

9540 Mediterranean pine forests with endemic Mesogean pines

9550 Canarian endemic pine forests

9560 * Endemic forests with Juniperus spp.

9570 * Tetraclinis articulata forests

9580 * Mediterranean Taxus baccata woods

9590 * Cedrus brevifolia forests (Cedrosetum brevifoliae)

95A0 High oro-Mediterranean pine forests

ANNEX II

ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST WHOSE

CONSERVATION REQUIRES THE DESIGNATION OF SPECIAL AREAS OF

CONSERVATION

Interpretation

(a) Annex II follows on from Annex I for the establishment of a consistent

network of special areas of conservation.

(b) The species listed in this Annex are indicated:

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

— by the name of the species or subspecies, or

— by all the species belonging to a higher taxon or to a designated part of

that taxon.

The abbreviation “spp.” after the name of a family or genus designates all

the species belonging to that family or genus.

(c) Symbols

An asterisk (*) before the name of a species indicates that it is a priority

species.

Most species listed in this Annex are also listed in Annex IV. Where a

species appears in this Annex but does not appear in either Annex IV or

Annex V, the species name is followed by the symbol (o); where a species

which appears in this Annex also appears in Annex V but does not appear in

Annex IV, its name is followed by

the symbol (V).

(a) ANIMALS

VERTEBRATES

MAMMALS

INSECTIVORA

Talpidae

Galemys pyrenaicus

CHIROPTERA

Rhinolophidae

Rhinolophus blasii

Rhinolophus euryale

Rhinolophus ferrumequinum

Rhinolophus hipposideros

Rhinolophus mehelyi

Vespertilionidae

Barbastella barbastellus

Miniopterus schreibersii

Myotis bechsteinii

Myotis blythii

Myotis capaccinii

Myotis dasycneme

Myotis emarginatus

Myotis myotis

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Pteropodidae

Rousettus aegyptiacus

RODENTIA

Gliridae

Myomimus roachi

Sciuridae

* Marmota marmota latirostris

* Pteromys volans (Sciuropterus russicus)

Spermophilus citellus (Citellus citellus)

* Spermophilus suslicus (Citellus suslicus)

Castoridae

Castor fiber (except the Estonian, Latvian, Lithuanian, Finnish and

Swedish populations)

Cricetidae

Mesocricetus newtoni

Microtidae

Dinaromys bogdanovi

Microtus cabrerae

* Microtus oeconomus arenicola

* Microtus oeconomus mehelyi

Microtus tatricus

Zapodidae

Sicista subtilis

CARNIVORA

Canidae

* Alopex lagopus

* Canis lupus (except the Estonian population; Greek populations:

only south of the 39th parallel; Spanish populations: only those

south of the Duero; Latvian, Lithuanian and Finnish populations).

Ursidae

* Ursus arctos (except the Estonian, Finnish, and Swedish

populations)

Mustelidae

* Gulo gulo

Lutra lutra

Mustela eversmanii

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

* Mustela lutreola

Vormela peregusna

Felidae

Lynx lynx (except the Estonian, Latvian and Finnish populations)

* Lynx pardinus

Phocidae

Halichoerus grypus (V)

* Monachus monachus

Phoca hispida bottnica (V)

* Phoca hispida saimensis

Phoca vitulina (V)

ARTIODACTYLA

Cervidae

* Cervus elaphus corsicanus

Rangifer tarandus fennicus (o)

Bovidae

* Bison bonasus

Capra aegagrus (natural populations)

* Capra pyrenaica pyrenaica

Ovis gmelini musimon (Ovis ammon musimon) (natural populations

— Corsica and Sardinia)

Ovis orientalis ophion (Ovis gmelini ophion)

* Rupicapra pyrenaica ornata (Rupicapra rupicapra ornata)

Rupicapra rupicapra balcanica

* Rupicapra rupicapra tatrica

CETACEA

Phocoena phocoena

Tursiops truncatus

REPTILES

CHELONIA (TESTUDINES)

Testudinidae

Testudo graeca

Testudo hermanni

Testudo marginata

Cheloniidae

* Caretta caretta

* Chelonia mydas

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Emydidae

Emys orbicularis

Mauremys caspica

Mauremys leprosa

SAURIA

Lacertidae

Dinarolacerta mosorensis

Lacerta bonnali (Lacerta monticola)

Lacerta monticola

Lacerta schreiberi

Gallotia galloti insulanagae

* Gallotia simonyi

Podarcis lilfordi

Podarcis pityusensis

Scincidae

Chalcides simonyi (Chalcides occidentalis)

Gekkonidae

Phyllodactylus europaeus

OPHIDIA (SERPENTES)

Colubridae

* Coluber cypriensis

Elaphe quatuorlineata

Elaphe situla

* Natrix natrix cypriaca

Viperidae

* Macrovipera schweizeri (Vipera lebetina schweizeri)

Vipera ursinii (except Vipera ursinii rakosiensis and Vipera ursinii

macrops)

* Vipera ursinii macrops

* Vipera ursinii rakosiensis

AMPHIBIANS

CAUDATA

Salamandridae

Chioglossa lusitanica

Mertensiella luschani (Salamandra luschani)

* Salamandra aurorae (Salamandra atra aurorae)

Salamandrina terdigitata

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Triturus carnifex (Triturus cristatus carnifex)

Triturus cristatus (Triturus cristatus cristatus)

Triturus dobrogicus (Triturus cristatus dobrogicus)

Triturus karelinii (Triturus cristatus karelinii)

Triturus montandoni

Triturus vulgaris ampelensis

Proteidae

* Proteus anguinus

Plethodontidae

Hydromantes (Speleomantes) ambrosii

Hydromantes (Speleomantes) flavus

Hydromantes (Speleomantes) genei

Hydromantes (Speleomantes) imperialis

Hydromantes (Speleomantes) strinatii

Hydromantes (Speleomantes) supramontis

ANURA

Discoglossidae

* Alytes muletensis

Bombina bombina

Bombina variegata

Discoglossus galganoi (including Discoglossus “jeanneae”)

Discoglossus montalentii

Discoglossus sardus

Ranidae

Rana latastei

Pelobatidae

* Pelobates fuscus insubricus

FISH

PETROMYZONIFORMES

Petromyzonidae

Eudontomyzon spp. (o)

Lampetra fluviatilis (V) (except the Finnish and Swedish

populations)

Lampetra planeri (o) (except the Estonian, Finnish, and Swedish

populations)

Lethenteron zanandreai (V)

Petromyzon marinus (o) (except the Swedish populations)

ACIPENSERIFORMES

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Acipenseridae

* Acipenser naccarii

* Acipenser sturio

CLUPEIFORMES

Clupeidae

Alosa spp. (V)

SALMONIFORMES

Salmonidae

Hucho hucho (natural populations) (V)

Salmo macrostigma (o)

Salmo marmoratus (o)

Salmo salar (only in fresh water) (V) (except the Finnish

populations)

Salmothymus obtusirostris (o)

Coregonidae

* Coregonus oxyrhynchus (anadromous populations in certain

sectors of the North Sea)

Umbridae

Umbra krameri (o)

CYPRINIFORMES

Cyprinidae

Alburnus albidus (o) (Alburnus vulturius)

Aulopyge huegelii (o)

Anaecypris hispanica

Aspius aspius (V) (except the Finnish populations)

Barbus comiza (V)

Barbus meridionalis (V)

Barbus plebejus (V)

Chalcalburnus chalcoides (o)

Chondrostoma genei (o)

Chondrostoma knerii (o)

Chondrostoma lusitanicum (o)

Chondrostoma phoxinus (o)

Chondrostoma polylepis (o) (including C. willkommi)

Chondrostoma soetta (o)

Chondrostoma toxostoma (o)

Gobio albipinnatus (o)

Gobio kessleri (o)

Gobio uranoscopus (o)

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Iberocypris palaciosi (o)

* Ladigesocypris ghigii (o)

Leuciscus lucumonis (o)

Leuciscus souffia (o)

Pelecus cultratus (V)

Phoxinellus spp. (o)

* Phoxinus percnurus

Rhodeus sericeus amarus (o)

Rutilus pigus (V)

Rutilus rubilio (o)

Rutilus arcasii (o)

Rutilus macrolepidotus (o)

Rutilus lemmingii (o)

Rutilus frisii meidingeri (V)

Rutilus alburnoides (o)

Scardinius graecus (o)

Squalius microlepis (o)

Squalius svallize (o)

Cobitidae

Cobitis elongata (o)

Cobitis taenia (o) (except the Finnish populations)

Cobitis trichonica (o)

Misgurnus fossilis (o)

Sabanejewia aurata (o)

Sabanejewia larvata (o) (Cobitis larvata and Cobitis conspersa)

SILURIFORMES

Siluridae

Silurus aristotelis (V)

ATHERINIFORMES

Cyprinodontidae

Aphanius iberus (o)

Aphanius fasciatus (o)

* Valencia hispanica

* Valencia letourneuxi (Valencia hispanica)

PERCIFORMES

Percidae

Gymnocephalus baloni

Gymnocephalus schraetzer (V)

* Romanichthys valsanicola

Zingel spp. ((o) except Zingel asper and Zingel zingel (V))

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Gobiidae

Knipowitschia croatica (o)

Knipowitschia (Padogobius) panizzae (o)

Padogobius nigricans (o)

Pomatoschistus canestrini (o)

SCORPAENIFORMES

Cottidae

Cottus gobio (o) (except the Finnish populations)

Cottus petiti (o)

INVERTEBRATES

ARTHROPODS

CRUSTACEA

Decapoda

Austropotamobius pallipes (V)

* Austropotamobius torrentium (V)

Isopoda

* Armadillidium ghardalamensis

INSECTA

Coleoptera

Agathidium pulchellum (o)

Bolbelasmus unicornis

Boros schneideri (o)

Buprestis splendens

Carabus hampei

Carabus hungaricus

* Carabus menetriesi pacholei

* Carabus olympiae

Carabus variolosus

Carabus zawadszkii

Cerambyx cerdo

Corticaria planula (o)

Cucujus cinnaberinus

Dorcadion fulvum cervae

Duvalius gebhardti

Duvalius hungaricus

Dytiscus latissimus

Graphoderus bilineatus

Leptodirus hochenwarti

Limoniscus violaceus (o)

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Lucanus cervus (o)

Macroplea pubipennis (o)

Mesosa myops (o)

Morimus funereus (o)

* Osmoderma eremita

Oxyporus mannerheimii (o)

Pilemia tigrina

* Phryganophilus ruficollis

Probaticus subrugosus

Propomacrus cypriacus

* Pseudogaurotina excellens

Pseudoseriscius cameroni

Pytho kolwensis

Rhysodes sulcatus (o)

* Rosalia alpina

Stephanopachys linearis (o)

Stephanopachys substriatus (o)

Xyletinus tremulicola (o)

Hemiptera

Aradus angularis (o)

Lepidoptera

Agriades glandon aquilo (o)

Arytrura musculus

* Callimorpha (Euplagia, Panaxia) quadripunctaria (o)

Catopta thrips

Chondrosoma fiduciarium

Clossiana improba (o)

Coenonympha oedippus

Colias myrmidone

Cucullia mixta

Dioszeghyana schmidtii

Erannis ankeraria

Erebia calcaria

Erebia christi

Erebia medusa polaris (o)

Eriogaster catax

Euphydryas (Eurodryas, Hypodryas) aurinia (o)

Glyphipterix loricatella

Gortyna borelii lunata

Graellsia isabellae (V)

Hesperia comma catena (o)

Hypodryas maturna

Leptidea morsei

Lignyoptera fumidaria

Lycaena dispar

Lycaena helle

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Maculinea nausithous

Maculinea teleius

Melanargia arge

* Nymphalis vaualbum

Papilio hospiton

Phyllometra culminaria

Plebicula golgus

Polymixis rufocincta isolata

Polyommatus eroides

Proterebia afra dalmata

Pseudophilotes bavius

Xestia borealis (o)

Xestia brunneopicta (o)

* Xylomoia strix

Mantodea

Apteromantis aptera

Odonata

Coenagrion hylas (o)

Coenagrion mercuriale (o)

Coenagrion ornatum (o)

Cordulegaster heros

Cordulegaster trinacriae

Gomphus graslinii

Leucorrhinia pectoralis

Lindenia tetraphylla

Macromia splendens

Ophiogomphus cecilia

Oxygastra curtisii

Orthoptera

Baetica ustulata

Brachytrupes megacephalus

Isophya costata

Isophya harzi

Isophya stysi

Myrmecophilus baronii

Odontopodisma rubripes

Paracaloptenus caloptenoides

Pholidoptera transsylvanica

Stenobothrus (Stenobothrodes) eurasius

ARACHNIDA

Pseudoscorpiones

Anthrenochernes stellae (o)

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

MOLLUSCS

GASTROPODA

Anisus vorticulus

Caseolus calculus

Caseolus commixta

Caseolus sphaerula

Chilostoma banaticum

Discula leacockiana

Discula tabellata

Discus guerinianus

Elona quimperiana

Geomalacus maculosus

Geomitra moniziana

Gibbula nivosa

* Helicopsis striata austriaca (o)

Hygromia kovacsi

Idiomela (Helix) subplicata

Lampedusa imitatrix

* Lampedusa melitensis

Leiostyla abbreviata

Leiostyla cassida

Leiostyla corneocostata

Leiostyla gibba

Leiostyla lamellosa

* Paladilhia hungarica

Sadleriana pannonica

Theodoxus transversalis

Vertigo angustior (o)

Vertigo genesii (o)

Vertigo geyeri (o)

Vertigo moulinsiana (o)

BIVALVIA

Unionoida

Margaritifera durrovensis (Margaritifera margaritifera) (V)

Margaritifera margaritifera (V)

Unio crassus

Dreissenidae

Congeria kusceri

(b) PLANTS

PTERIDOPHYTA

ASPLENIACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Asplenium jahandiezii (Litard.) Rouy

Asplenium adulterinum Milde

BLECHNACEAE

Woodwardia radicans (L.) Sm.

DICKSONIACEAE

Culcita macrocarpa C. Presl

DRYOPTERIDACEAE

Diplazium sibiricum (Turcz. ex Kunze) Kurata

* Dryopteris corleyi Fraser-Jenk.

Dryopteris fragans (L.) Schott

HYMENOPHYLLACEAE

Trichomanes speciosum Willd.

ISOETACEAE

Isoetes boryana Durieu

Isoetes malinverniana Ces. & De Not.

MARSILEACEAE

Marsilea batardae Launert

Marsilea quadrifolia L.

Marsilea strigosa Willd.

OPHIOGLOSSACEAE

Botrychium simplex Hitchc.

Ophioglossum polyphyllum A. Braun

GYMNOSPERMAE

PINACEAE

* Abies nebrodensis (Lojac.) Mattei

ANGIOSPERMAE

ALISMATACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

* Alisma wahlenbergii (Holmberg) Juz.

Caldesia parnassifolia (L.) Parl.

Luronium natans (L.) Raf.

AMARYLLIDACEAE

Leucojum nicaeense Ard.

Narcissus asturiensis (Jordan) Pugsley

Narcissus calcicola Mendonça

Narcissus cyclamineus DC.

Narcissus fernandesii G. Pedro

Narcissus humilis (Cav.) Traub

* Narcissus nevadensis Pugsley

Narcissus pseudonarcissus L. subsp. nobilis (Haw.) A. Fernandes

Narcissus scaberulus Henriq.

Narcissus triandrus L. subsp. capax (Salisb.) D. A. Webb.

Narcissus viridiflorus Schousboe

ASCLEPIADACEAE

Vincetoxicum pannonicum (Borhidi) Holub

BORAGINACEAE

* Anchusa crispa Viv.

Echium russicum J.F.Gemlin

* Lithodora nitida (H. Ern) R. Fernandes

Myosotis lusitanica Schuster

Myosotis rehsteineri Wartm.

Myosotis retusifolia R. Afonso

Omphalodes kuzinskyanae Willk.

* Omphalodes littoralis Lehm.

* Onosma tornensis Javorka

Solenanthus albanicus (Degen & al.) Degen & Baldacci

* Symphytum cycladense Pawl.

CAMPANULACEAE

Adenophora lilifolia (L.) Ledeb.

Asyneuma giganteum (Boiss.) Bornm.

* Campanula bohemica Hruby

* Campanula gelida Kovanda

Campanula romanica Săvul.

* Campanula sabatia De Not.

* Campanula serrata (Kit.) Hendrych

Campanula zoysii Wulfen

Jasione crispa (Pourret) Samp. subsp. serpentinica Pinto da Silva

Jasione lusitanica A. DC.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

CARYOPHYLLACEAE

Arenaria ciliata L. subsp. pseudofrigida Ostenf. & O.C. Dahl

Arenaria humifusa Wahlenberg

* Arenaria nevadensis Boiss. & Reuter

Arenaria provincialis Chater & Halliday

* Cerastium alsinifolium Tausch

Cerastium dinaricum G. Beck & Szysz.

Dianthus arenarius L. subsp. arenarius

* Dianthus arenarius subsp. bohemicus (Novak) O.Schwarz

Dianthus cintranus Boiss. & Reuter subsp. Cintranus Boiss. &

Reuter

* Dianthus diutinus Kit.

* Dianthus lumnitzeri Wiesb.

Dianthus marizii (Samp.) Samp.

* Dianthus moravicus Kovanda

* Dianthus nitidus Waldst. et Kit.

Dianthus plumarius subsp. regis-stephani (Rapcs.) Baksay

Dianthus rupicola Biv.

* Gypsophila papillosa P. Porta

Herniaria algarvica Chaudhri

* Herniaria latifolia Lapeyr. subsp. litardierei Gamis

Herniaria lusitanica (Chaudhri) subsp. Berlengiana Chaudhri

Herniaria maritima Link

* Minuartia smejkalii Dvorakova

Moehringia jankae Griseb. ex Janka

Moehringia lateriflora (L.) Fenzl.

Moehringia tommasinii Marches.

Moehringia villosa (Wulfen) Fenzl

Petrocoptis grandiflora Rothm.

Petrocoptis montsicciana O. Bolos & Rivas Mart.

Petrocoptis pseudoviscosa Fernández Casas

Silene furcata Rafin. subsp. angustiflora (Rupr.) Walters

* Silene hicesiae Brullo & Signorello

Silene hifacensis Rouy ex Willk.

* Silene holzmanii Heldr. ex Boiss.

Silene longicilia (Brot.) Otth.

Silene mariana Pau

* Silene orphanidis Boiss

* Silene rothmaleri Pinto da Silva

* Silene velutina Pourret ex Loisel.

CHENOPODIACEAE

* Bassia (Kochia) saxicola (Guss.) A. J. Scott

* Cremnophyton lanfrancoi Brullo et Pavone

* Salicornia veneta Pignatti & Lausi

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

CISTACEAE

Cistus palhinhae Ingram

Halimium verticillatum (Brot.) Sennen

Helianthemum alypoides Losa & Rivas Goday

Helianthemum caput-felis Boiss.

* Tuberaria major (Willk.) Pinto da Silva & Rozeira

COMPOSITAE

* Anthemis glaberrima (Rech. f.) Greuter

Artemisia campestris L. subsp. bottnica A.N. Lundström ex Kindb.

* Artemisia granatensis Boiss.

* Artemisia laciniata Willd.

Artemisia oelandica (Besser) Komaror

* Artemisia pancicii (Janka) Ronn.

* Aster pyrenaeus Desf. ex DC

* Aster sorrentinii (Tod) Lojac.

Carlina onopordifolia Besser

* Carduus myriacanthus Salzm. ex DC.

* Centaurea alba L. subsp. heldreichii (Halacsy) Dostal

* Centaurea alba L. subsp. princeps (Boiss. & Heldr.) Gugler

* Centaurea akamantis T. Georgiadis & G. Chatzikyriakou

* Centaurea attica Nyman subsp. megarensis (Halacsy & Hayek)

Dostal

* Centaurea balearica J. D. Rodriguez

* Centaurea borjae Valdes-Berm. & Rivas Goday

* Centaurea citricolor Font Quer

Centaurea corymbosa Pourret

Centaurea gadorensis G. Blanca

* Centaurea horrida Badaro

Centaurea immanuelis-loewii Degen

Centaurea jankae Brandza

* Centaurea kalambakensis Freyn & Sint.

Centaurea kartschiana Scop.

* Centaurea lactiflora Halacsy

Centaurea micrantha Hoffmanns. & Link subsp. Herminii (Rouy)

Dostál

* Centaurea niederi Heldr.

* Centaurea peucedanifolia Boiss. & Orph.

* Centaurea pinnata Pau

Centaurea pontica Prodan & E. I. Nyárády

Centaurea pulvinata (G. Blanca) G. Blanca

Centaurea rothmalerana (Arènes) Dostál

Centaurea vicentina Mariz

Cirsium brachycephalum Juratzka

* Crepis crocifolia Boiss. & Heldr.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Crepis granatensis (Willk.) B. Blanca & M. Cueto

Crepis pusilla (Sommier) Merxmüller

Crepis tectorum L. subsp. nigrescens

Erigeron frigidus Boiss. ex DC.

* Helichrysum melitense (Pignatti) Brullo et al

Hymenostemma pseudanthemis (Kunze) Willd.

Hyoseris frutescens Brullo et Pavone

* Jurinea cyanoides (L.) Reichenb.

* Jurinea fontqueri Cuatrec.

* Lamyropsis microcephala (Moris) Dittrich & Greuter

Leontodon microcephalus (Boiss. ex DC.) Boiss.

Leontodon boryi Boiss.

* Leontodon siculus (Guss.) Finch & Sell

Leuzea longifolia Hoffmanns. & Link

Ligularia sibirica (L.) Cass.

* Palaeocyanus crassifolius (Bertoloni) Dostal

Santolina impressa Hoffmanns. & Link

Santolina semidentata Hoffmanns. & Link

Saussurea alpina subsp. esthonica (Baer ex Rupr) Kupffer

* Senecio elodes Boiss. ex DC.

Senecio jacobea L. subsp. gotlandicus (Neuman) Sterner

Senecio nevadensis Boiss. & Reuter

* Serratula lycopifolia (Vill.) A.Kern

Tephroseris longifolia (Jacq.) Griseb et Schenk subsp. moravica

CONVOLVULACEAE

* Convolvulus argyrothamnus Greuter

* Convolvulus fernandesii Pinto da Silva & Teles

CRUCIFERAE

Alyssum pyrenaicum Lapeyr.

* Arabis kennedyae Meikle

Arabis sadina (Samp.) P. Cout.

Arabis scopoliana Boiss

* Biscutella neustriaca Bonnet

Biscutella vincentina (Samp.) Rothm.

Boleum asperum (Pers.) Desvaux

Brassica glabrescens Poldini

Brassica hilarionis Post

Brassica insularis Moris

* Brassica macrocarpa Guss.

Braya linearis Rouy

* Cochlearia polonica E. Fröhlich

* Cochlearia tatrae Borbas

* Coincya rupestris Rouy

* Coronopus navasii Pau

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Crambe tataria Sebeok

*Degenia velebitica (Degen) Hayek

Diplotaxis ibicensis (Pau) Gómez-Campo

* Diplotaxis siettiana Maire

Diplotaxis vicentina (P. Cout.) Rothm.

Draba cacuminum Elis Ekman

Draba cinerea Adams

Draba dorneri Heuffel.

Erucastrum palustre (Pirona) Vis.

* Erysimum pieninicum (Zapal.) Pawl.

* Iberis arbuscula Runemark

Iberis procumbens Lange subsp. microcarpa Franco & Pinto da

Silva

* Jonopsidium acaule (Desf.) Reichenb.

Jonopsidium savianum (Caruel) Ball ex Arcang.

Rhynchosinapis erucastrum (L.) Dandy ex Clapham subsp. cintrana

(Coutinho) Franco & P. Silva (Coincya cintrana (P. Cout.) Pinto da

Silva)

Sisymbrium cavanillesianum Valdés & Castroviejo

Sisymbrium supinum L.

Thlaspi jankae A.Kern.

CYPERACEAE

Carex holostoma Drejer

* Carex panormitana Guss.

Eleocharis carniolica Koch

DIOSCOREACEAE

* Borderea chouardii (Gaussen) Heslot

DROSERACEAE

Aldrovanda vesiculosa L.

ELATINACEAE

Elatine gussonei (Sommier) Brullo et al

ERICACEAE

Rhododendron luteum Sweet

EUPHORBIACEAE

* Euphorbia margalidiana Kuhbier & Lewejohann

Euphorbia transtagana Boiss.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

GENTIANACEAE

* Centaurium rigualii Esteve

* Centaurium somedanum Lainz

Gentiana ligustica R. de Vilm. & Chopinet

Gentianella anglica (Pugsley) E. F. Warburg

* Gentianella bohemica Skalicky

GERANIACEAE

* Erodium astragaloides Boiss. & Reuter

Erodium paularense Fernández-González & Izco

* Erodium rupicola Boiss.

GLOBULARIACEAE

* Globularia stygia Orph. ex Boiss.

GRAMINEAE

Arctagrostis latifolia (R. Br.) Griseb.

Arctophila fulva (Trin.) N. J. Anderson

Avenula hackelii (Henriq.) Holub

Bromus grossus Desf. ex DC.

Calamagrostis chalybaea (Laest.) Fries

Cinna latifolia (Trev.) Griseb.

Coleanthus subtilis (Tratt.) Seidl

Festuca brigantina (Markgr.-Dannenb.) Markgr.- Dannenb.

Festuca duriotagana Franco & R. Afonso

Festuca elegans Boiss.

Festuca henriquesii Hack.

Festuca summilusitana Franco & R. Afonso

Gaudinia hispanica Stace & Tutin

Holcus setiglumis Boiss. & Reuter subsp. duriensis Pinto da Silva

Micropyropsis tuberosa Romero — Zarco & Cabezudo

Poa granitica Br.-Bl. subsp. disparilis (E. I. Nyárády) E. I. Nyárády

* Poa riphaea (Ascher et Graebner) Fritsch

Pseudarrhenatherum pallens (Link) J. Holub

Puccinellia phryganodes (Trin.) Scribner + Merr.

Puccinellia pungens (Pau) Paunero

* Stipa austroitalica Martinovsky

* Stipa bavarica Martinovsky & H. Scholz

Stipa danubialis Dihoru & Roman

* Stipa styriaca Martinovsky

* Stipa veneta Moraldo

* Stipa zalesskii Wilensky

Trisetum subalpestre (Hartman) Neuman

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

GROSSULARIACEAE

* Ribes sardoum Martelli

HIPPURIDACEAE

Hippuris tetraphylla L. Fil.

HYPERICACEAE

* Hypericum aciferum (Greuter) N.K.B. Robson

IRIDACEAE

Crocus cyprius Boiss. et Kotschy

Crocus hartmannianus Holmboe

Gladiolus palustris Gaud.

Iris aphylla L. subsp. hungarica Hegi

Iris humilis Georgi subsp. arenaria (Waldst. et Kit.) A. et D.Löve

JUNCACEAE

Juncus valvatus Link

Luzula arctica Blytt

LABIATAE

Dracocephalum austriacum L.

* Micromeria taygetea P. H. Davis

Nepeta dirphya (Boiss.) Heldr. ex Halacsy

* Nepeta sphaciotica P. H. Davis

Origanum dictamnus L.

Phlomis brevibracteata Turril

Phlomis cypria Post

Salvia veneris Hedge

Sideritis cypria Post

Sideritis incana subsp. glauca (Cav.) Malagarriga

Sideritis javalambrensis Pau

Sideritis serrata Cav. ex Lag.

Teucrium lepicephalum Pau

Teucrium turredanum Losa & Rivas Goday

* Thymus camphoratus Hoffmanns. & Link

Thymus carnosus Boiss.

* Thymus lotocephalus G. López & R. Morales (Thymus cephalotos

L.)

LEGUMINOSAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Anthyllis hystrix Cardona, Contandr. & E. Sierra

* Astragalus algarbiensis Coss. ex Bunge

* Astragalus aquilanus Anzalone

Astragalus centralpinus Braun-Blanquet

* Astragalus macrocarpus DC. subsp. lefkarensis

* Astragalus maritimus Moris

Astragalus peterfii Jáv.

Astragalus tremolsianus Pau

* Astragalus verrucosus Moris

* Cytisus aeolicus Guss. ex Lindl.

Genista dorycnifolia Font Quer

Genista holopetala (Fleischm. ex Koch) Baldacci

Melilotus segetalis (Brot.) Ser. subsp. fallax Franco

* Ononis hackelii Lange

Trifolium saxatile All.

* Vicia bifoliolata J.D. Rodríguez

LENTIBULARIACEAE

* Pinguicula crystallina Sm.

Pinguicula nevadensis (Lindb.) Casper

LILIACEAE

Allium grosii Font Quer

* Androcymbium rechingeri Greuter

* Asphodelus bento-rainhae P. Silva

* Chionodoxa lochiae Meikle in Kew Bull.

Colchicum arenarium Waldst. et Kit.

Hyacinthoides vicentina (Hoffmans. & Link) Rothm.

* Muscari gussonei (Parl.) Tod.

Scilla litardierei Breist.

* Scilla morrisii Meikle

Tulipa cypria Stapf

Tulipa hungarica Borbas

LINACEAE

* Linum dolomiticum Borbas

* Linum muelleri Moris (Linum maritimum muelleri)

LYTHRACEAE

* Lythrum flexuosum Lag.

MALVACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Kosteletzkya pentacarpos (L.) Ledeb.

NAJADACEAE

Najas flexilis (Willd.) Rostk. & W.L. Schmidt

Najas tenuissima (A. Braun) Magnus

OLEACEAE

Syringa josikaea Jacq. Fil. ex Reichenb.

ORCHIDACEAE

Anacamptis urvilleana Sommier et Caruana Gatto

Calypso bulbosa L.

* Cephalanthera cucullata Boiss. & Heldr.

Cypripedium calceolus L.

Dactylorhiza kalopissii E.Nelson

Gymnigritella runei Teppner & Klein

Himantoglossum adriaticum Baumann

Himantoglossum caprinum (Bieb.) V.Koch

Liparis loeselii (L.) Rich.

* Ophrys kotschyi H.Fleischm. et Soo

* Ophrys lunulata Parl.

Ophrys melitensis (Salkowski) J et P Devillers-Terschuren

Platanthera obtusata (Pursh) subsp. oligantha (Turez.) Hulten

OROBANCHACEAE

Orobanche densiflora Salzm. ex Reut.

PAEONIACEAE

Paeonia cambessedesii (Willk.) Willk.

Paeonia clusii F.C. Stern subsp. rhodia (Stearn) Tzanoudakis

Paeonia officinalis L. subsp. banatica (Rachel) Soo

Paeonia parnassica Tzanoudakis

PALMAE

Phoenix theophrasti Greuter

PAPAVERACEAE

Corydalis gotlandica Lidén

Papaver laestadianum (Nordh.) Nordh.

Papaver radicatum Rottb. subsp. hyperboreum Nordh.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

PLANTAGINACEAE

Plantago algarbiensis Sampaio (Plantago bracteosa (Willk.) G.

Sampaio)

Plantago almogravensis Franco

PLUMBAGINACEAE

Armeria berlengensis Daveau

* Armeria helodes Martini & Pold

Armeria neglecta Girard

Armeria pseudarmeria (Murray) Mansfeld

* Armeria rouyana Daveau

Armeria soleirolii (Duby) Godron

Armeria velutina Welw. ex Boiss. & Reuter

Limonium dodartii (Girard) O. Kuntze subsp. lusitanicum (Daveau)

Franco

* Limonium insulare (Beg. & Landi) Arrig. & Diana

Limonium lanceolatum (Hoffmans. & Link) Franco

Limonium multiflorum Erben

* Limonium pseudolaetum Arrig. & Diana

* Limonium strictissimum (Salzmann) Arrig.

POLYGONACEAE

Persicaria foliosa (H. Lindb.) Kitag.

Polygonum praelongum Coode & Cullen

Rumex rupestris Le Gall

PRIMULACEAE

Androsace mathildae Levier

Androsace pyrenaica Lam.

* Cyclamen fatrense Halda et Sojak

* Primula apennina Widmer

Primula carniolica Jacq.

Primula nutans Georgi

Primula palinuri Petagna

Primula scandinavica Bruun

Soldanella villosa Darracq.

RANUNCULACEAE

* Aconitum corsicum Gayer (Aconitum napellus subsp. corsicum)

Aconitum firmum (Reichenb.) Neilr subsp. moravicum Skalicky

Adonis distorta Ten.

Aquilegia bertolonii Schott

Aquilegia kitaibelii Schott

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

* Aquilegia pyrenaica D.C. subsp. cazorlensis (Heywood) Galiano

* Consolida samia P.H. Davis

* Delphinium caseyi B.L.Burtt

Pulsatilla grandis Wenderoth Pulsatilla patens (L.) Miller

* Pulsatilla pratensis (L.) Miller subsp. hungarica Soo

* Pulsatilla slavica G.Reuss.

* Pulsatilla subslavica Futak ex Goliasova

Pulsatilla vulgaris Hill. subsp. gotlandica (Johanss.) Zaemelis &

Paegle

Ranunculus kykkoensis Meikle

Ranunculus lapponicus L.

* Ranunculus weyleri Mares

RESEDACEAE

*Reseda decursiva Forssk.

ROSACEAE

Agrimonia pilosa Ledebour

Potentilla delphinensis Gren. & Godron

Potentilla emilii-popii Nyárády

* Pyrus magyarica Terpo

Sorbus teodorii Liljefors

RUBIACEAE

Galium cracoviense Ehrend.

* Galium litorale Guss.

Galium moldavicum (Dobrescu) Franco

* Galium sudeticum Tausch

* Galium viridiflorum Boiss. & Reuter

SALICACEAE

Salix salvifolia Brot. subsp. australis Franco

SANTALACEAE

Thesium ebracteatum Hayne

SAXIFRAGACEAE

Saxifraga berica (Beguinot) D.A. Webb

Saxifraga florulenta Moretti

Saxifraga hirculus L.

Saxifraga osloënsis Knaben

Saxifraga tombeanensis Boiss. ex Engl.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCROPHULARIACEAE

Antirrhinum charidemi Lange

Chaenorrhinum serpyllifolium (Lange) Lange subsp. lusitanicum R.

Fernandes

* Euphrasia genargentea (Feoli) Diana

Euphrasia marchesettii Wettst. ex Marches.

Linaria algarviana Chav.

Linaria coutinhoi Valdés

Linaria loeselii Schweigger

* Linaria ficalhoana Rouy

Linaria flava (Poiret) Desf.

* Linaria hellenica Turrill

Linaria pseudolaxiflora Lojacono

* Linaria ricardoi Cout.

Linaria tonzigii Lona

* Linaria tursica B. Valdés & Cabezudo Odontites granatensis

Boiss.

* Pedicularis sudetica Willd.

Rhinanthus oesilensis (Ronniger & Saarsoo) Vassilcz

Tozzia carpathica Wol.

Verbascum litigiosum Samp.

Veronica micrantha Hoffmanns. & Link

* Veronica oetaea L.-A. Gustavsson

SOLANACEAE

*Atropa baetica Willk.

THYMELAEACEAE

* Daphne arbuscula Celak

Daphne petraea Leybold

* Daphne rodriguezii Texidor

ULMACEAE

Zelkova abelicea (Lam.) Boiss.

UMBELLIFERAE

* Angelica heterocarpa Lloyd

Angelica palustris (Besser) Hoffm.

* Apium bermejoi Llorens

Apium repens (Jacq.) Lag.

Athamanta cortiana Ferrarini

* Bupleurum capillare Boiss. & Heldr.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

* Bupleurum kakiskalae Greuter

Eryngium alpinum L.

* Eryngium viviparum Gay

* Ferula sadleriana Lebed.

Hladnikia pastinacifolia Reichenb.

* Laserpitium longiradium Boiss.

* Naufraga balearica Constans & Cannon

* Oenanthe conioides Lange

Petagnia saniculifolia Guss.

Rouya polygama (Desf.) Coincy

* Seseli intricatum Boiss.

Seseli leucospermum Waldst. et Kit

Thorella verticillatinundata (Thore) Briq.

VALERIANACEAE

Centranthus trinervis (Viv.) Beguinot

VIOLACEAE

Viola delphinantha Boiss.

* Viola hispida Lam.

Viola jaubertiana Mares & Vigineix

Viola rupestris F.W. Schmidt subsp. relicta Jalas

LOWER PLANTS

BRYOPHYTA

Bruchia vogesiaca Schwaegr. (o)

Bryhnia novae-angliae (Sull & Lesq.) Grout (o)

* Bryoerythrophyllum campylocarpum (C. Müll.) Crum.

(Bryoerythrophyllum machadoanum (Sergio) M. O. Hill) (o)

Buxbaumia viridis (Moug.) Moug. & Nestl. (o)

Cephalozia macounii (Aust.) Aust. (o)

Cynodontium suecicum (H. Arn. & C. Jens.) I. Hag. (o)

Dichelyma capillaceum (Dicks) Myr. (o)

Dicranum viride (Sull. & Lesq.) Lindb. (o)

Distichophyllum carinatum Dix. & Nich. (o)

Drepanocladus (Hamatocaulis) vernicosus (Mitt.) Warnst. (o)

Encalypta mutica (I. Hagen) (o)

Hamatocaulis lapponicus (Norrl.) Hedenäs (o)

Herzogiella turfacea (Lindb.) I. Wats. (o)

Hygrohypnum montanum (Lindb.) Broth. (o)

Jungermannia handelii (Schiffn.) Amak. (o)

Mannia triandra (Scop.) Grolle (o)

* Marsupella profunda Lindb. (o)

Meesia longiseta Hedw. (o)

Nothothylas orbicularis (Schwein.) Sull. (o)

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Ochyraea tatrensis Vana (o)

Orthothecium lapponicum (Schimp.) C. Hartm. (o)

Orthotrichum rogeri Brid. (o)

Petalophyllum ralfsii (Wils.) Nees & Gott. (o)

Plagiomnium drummondii (Bruch & Schimp.) T. Kop. (o)

Riccia breidleri Jur. (o)

Riella helicophylla (Bory & Mont.) Mont. (o)

Scapania massolongi (K. Müll.) K. Müll. (o)

Sphagnum pylaisii Brid. (o)

Tayloria rudolphiana (Garov) B. & S. (o)

Tortella rigens (N. Alberts) (o)

SPECIES FOR MACARONESIA

PTERIDOPHYTA

HYMENOPHYLLACEAE

Hymenophyllum maderensis Gibby & Lovis

DRYOPTERIDACEAE

* Polystichum drepanum (Sw.) C. Presl.

ISOETACEAE

Isoetes azorica Durieu & Paiva ex Milde

MARSILEACEAE

* Marsilea azorica Launert & Paiva

ANGIOSPERMAE

ASCLEPIADACEAE

Caralluma burchardii N. E. Brown

* Ceropegia chrysantha Svent.

BORAGINACEAE

Echium candicans L. fil.

* Echium gentianoides Webb & Coincy

Myosotis azorica H. C. Watson

Myosotis maritima Hochst. in Seub.

CAMPANULACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

* Azorina vidalii (H. C. Watson) Feer

Musschia aurea (L. f.) DC.

* Musschia wollastonii Lowe

CAPRIFOLIACEAE

* Sambucus palmensis Link

CARYOPHYLLACEAE

Spergularia azorica (Kindb.) Lebel

CELASTRACEAE

Maytenus umbellata (R. Br.) Mabb.

CHENOPODIACEAE

Beta patula Ait.

CISTACEAE

Cistus chinamadensis Banares & Romero

* Helianthemum bystropogophyllum Svent.

COMPOSITAE

Andryala crithmifolia Ait.

* Argyranthemum lidii Humphries

Argyranthemum thalassophylum (Svent.) Hump.

Argyranthemum winterii (Svent.) Humphries

* Atractylis arbuscula Svent. & Michaelis

Atractylis preauxiana Schultz.

Calendula maderensis DC.

Cheirolophus duranii (Burchard) Holub

Cheirolophus ghomerytus (Svent.) Holub

Cheirolophus junonianus (Svent.) Holub

Cheirolophus massonianus (Lowe) Hansen & Sund.

Cirsium latifolium Lowe

Helichrysum gossypinum Webb

Helichrysum monogynum Burtt & Sund.

Hypochoeris oligocephala (Svent. & Bramw.) Lack

* Lactuca watsoniana Trel.

* Onopordum nogalesii Svent.

* Onorpordum carduelinum Bolle

* Pericallis hadrosoma (Svent.) B. Nord.

Phagnalon benettii Lowe

Stemmacantha cynaroides (Chr. Son. in Buch) Ditt

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Sventenia bupleuroides Font Quer

* Tanacetum ptarmiciflorum Webb & Berth

CONVOLVULACEAE

* Convolvulus caput-medusae Lowe

* Convolvulus lopez-socasii Svent.

* Convolvulus massonii A. Dietr.

CRASSULACEAE

Aeonium gomeraense Praeger

Aeonium saundersii Bolle

Aichryson dumosum (Lowe) Praeg.

Monanthes wildpretii Banares & Scholz

Sedum brissemoretii Raymond-Hamet

CRUCIFERAE

* Crambe arborea Webb ex Christ

Crambe laevigata DC. ex Christ

* Crambe sventenii R. Petters ex Bramwell & Sund.

* Parolinia schizogynoides Svent.

Sinapidendron rupestre (Ait.) Lowe

CYPERACEAE

Carex malato-belizii Raymond

DIPSACACEAE

Scabiosa nitens Roemer & J. A. Schultes

ERICACEAE

Erica scoparia L. subsp. azorica (Hochst.) D. A. Webb

EUPHORBIACEAE

* Euphorbia handiensis Burchard

Euphorbia lambii Svent.

Euphorbia stygiana H. C. Watson

GERANIACEAE

* Geranium maderense P. F. Yeo

GRAMINEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Deschampsia maderensis (Haeck. & Born.) Buschm.

Phalaris maderensis (Menezes) Menezes

GLOBULARIACEAE

* Globularia ascanii D. Bramwell & Kunkel

* Globularia sarcophylla Svent.

LABIATAE

* Sideritis cystosiphon Svent.

* Sideritis discolor (Webb ex de Noe) Bolle

Sideritis infernalis Bolle

Sideritis marmorea Bolle

Teucrium abutiloides L'Hér.

Teucrium betonicum L'Hér.

LEGUMINOSAE

* Anagyris latifolia Brouss. ex. Willd.

Anthyllis lemanniana Lowe

* Dorycnium spectabile Webb & Berthel

* Lotus azoricus P. W. Ball

Lotus callis-viridis D. Bramwell & D. H. Davis

* Lotus kunkelii (E. Chueca) D. Bramwell & al.

* Teline rosmarinifolia Webb & Berthel.

* Teline salsoloides Arco & Acebes.

Vicia dennesiana H. C. Watson

LILIACEAE

* Androcymbium psammophilum Svent.

Scilla maderensis Menezes

Semele maderensis Costa

LORANTHACEAE

Arceuthobium azoricum Wiens & Hawksw.

MYRICACEAE

* Myrica rivas-martinezii Santos.

OLEACEAE

Jasminum azoricum L.

Picconia azorica (Tutin) Knobl.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ORCHIDACEAE

Goodyera macrophylla Lowe

PITTOSPORACEAE

* Pittosporum coriaceum Dryand. ex. Ait.

PLANTAGINACEAE

Plantago malato-belizii Lawalree

PLUMBAGINACEAE

* Limonium arborescens (Brouss.) Kuntze

Limonium dendroides Svent.

*Limonium spectabile (Svent.) Kunkel & Sunding

*Limonium sventenii Santos & Fernández Galván

POLYGONACEAE

Rumex azoricus Rech. fil.

RHAMNACEAE

Frangula azorica Tutin

ROSACEAE

* Bencomia brachystachya Svent.

Bencomia sphaerocarpa Svent.

* Chamaemeles coriacea Lindl.

Dendriopoterium pulidoi Svent.

Marcetella maderensis (Born.) Svent.

Prunus lusitanica L. subsp. azorica (Mouillef.) Franco

Sorbus maderensis (Lowe) Dode

SANTALACEAE

Kunkeliella subsucculenta Kammer

SCROPHULARIACEAE

* Euphrasia azorica H.C. Watson

Euphrasia grandiflora Hochst. in Seub.

* Isoplexis chalcantha Svent. & O'Shanahan

Isoplexis isabelliana (Webb & Berthel.) Masferrer

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Odontites holliana (Lowe) Benth.

Sibthorpia peregrina L.

SOLANACEAE

* Solanum lidii Sunding

UMBELLIFERAE

Ammi trifoliatum (H. C. Watson) Trelease

Bupleurum handiense (Bolle) Kunkel

Chaerophyllum azoricum Trelease

Ferula latipinna Santos

Melanoselinum decipiens (Schrader & Wendl.) Hoffm.

Monizia edulis Lowe

Oenanthe divaricata (R. Br.) Mabb.

Sanicula azorica Guthnick ex Seub.

VIOLACEAE

Viola paradoxa Lowe

LOWER PLANTS

BRYOPHYTA

* Echinodium spinosum (Mitt.) Jur. (o)

* Thamnobryum fernandesii Sergio (o).

ANNEX III

CRITERIA FOR SELECTING SITES ELIGIBLE FOR

IDENTIFICATION AS SITES OF COMMUNITY IMPORTANCE

AND DESIGNATION AS SPECIAL AREAS OF CONSERVATION

STAGE 1: Assessment at national level of the relative

importance of sites for each natural habitat type in Annex I and

each species in Annex II (including priority natural habitat types

and priority species)

A. Site assessment criteria for a given natural habitat type in Annex I

(a) Degree of representativity of the natural habitat type on the site.

(b) Area of the site covered by the natural habitat type in relation to the total

area covered by that natural habitat type within national territory.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) Degree of conservation of the structure and functions of the natural

habitat type concerned and restoration possibilities.

(d) Global assessment of the value of the site for conservation of the natural

habitat type concerned.

B. Site assessment criteria for a given species in Annex II

(a) Size and density of the population of the species present on the site in

relation to the populations present within national territory.

(b) Degree of conservation of the features of the habitat which are important

for the species concerned and restoration possibilities.

(c) Degree of isolation of the population present on the site in relation to the

natural range of the species.

(d) Global assessment of the value of the site for conservation of the species

concerned.

C. On the basis of these criteria, Member States will classify the sites which

they propose on the national list as sites eligible for identification as sites of

Community importance according to their relative value for the

conservation

of each natural habitat type in Annex I or eachspecies in Annex II.

D. That list will show the sites containing the priority natural habitat types

and priority species selected by the Member States on the basis of the

criteria in A and B above.

STAGE 2: Assessment of the Community importance of the sites

included on the national lists

1. All the sites identified by the Member States in Stage 1 which contain

priority natural habitat types and/or species will be considered as sites of

Community importance.

2. The assessment of the Community importance of other sites on Member

States' lists, i.e. their contribution to maintaining or re-establishing, at a

favourable conservation status, a natural habitat in Annex I or a species in

Annex II and/or to the coherence of Natura 2000 will take account of the

following criteria:

(a) relative value of the site at national level;

(b) geographical situation of the site in relation to migration routes of

species in Annex II and whether it belongs to a continuous ecosystem

situated on both sides of one or more internal Community frontiers;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(c) total area of the site;

(d) number of natural habitat types in Annex I and species in Annex II

present on the site;

(e) global ecological value of the site for the biogeographical regions

concerned and/or for the whole of the territory referred to in Article 2, as

regards both the characteristic or unique aspect of its features and the way

they are combined.

ANNEX IV

ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST IN

NEED OF STRICT PROTECTION

The species listed in this Annex are indicated:

— by the name of species or subspecies, or

— by the body of species belonging to a higher taxon or to a designated part

of that taxon.

The abbreviation “spp.” after the name of a family or genus designates all

the species belonging to that family or genus.

(a) ANIMALS

VERTEBRATES

MAMMALS

INSECTIVORA

Erinaceidae

Erinaceus algirus

Soricidae

Crocidura canariensis

Crocidura sicula

Talpidae

Galemys pyrenaicus

MICROCHIROPTERA

All species

MEGACHIROPTERA

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Pteropodidae

Rousettus aegyptiacus

RODENTIA

Gliridae

All species except Glis glis and Eliomys quercinus

Sciuridae

Marmota marmota latirostris

Pteromys volans (Sciuropterus russicus)

Spermophilus citellus (Citellus citellus)

Spermophilus suslicus (Citellus suslicus)

Sciurus anomalus

Castoridae

Castor fiber (except the Estonian, Latvian, Lithuanian, Polish,

Finnish and Swedish, populations)

Cricetidae

Cricetus cricetus (except the Hungarian populations)

Mesocricetus newtoni

Microtidae

Dinaromys bogdanovi

Microtus cabrerae

Microtus oeconomus arenicola

Microtus oeconomus mehelyi

Microtus tatricus

Zapodidae

Sicista betulina

Sicista subtilis

Hystricidae

Hystrix cristata

CARNIVORA

Canidae

Alopex lagopus

Canis lupus (except the Greek populations north of the 39th parallel;

Estonian populations, Spanish populations north of the Duero;

Bulgarian, Latvian, Lithuanian, Polish, Slovak populations and

Finnish populations within the reindeer management area as defined

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

in paragraph 2 of the Finnish Act No 848/90 of 14 September 1990

on reindeer management)

Ursidae

Ursus arctos

Mustelidae

Lutra lutra

Mustela eversmanii

Mustela lutreola

Vormela peregusna

Felidae

Felis silvestris

Lynx lynx (except the Estonian population)

Lynx pardinus

Phocidae

Monachus monachus

Phoca hispida saimensis

ARTIODACTYLA

Cervidae

Cervus elaphus corsicanus

Bovidae

Bison bonasus

Capra aegagrus (natural populations)

Capra pyrenaica pyrenaica

Ovis gmelini musimon (Ovis ammon musimon) (natural populations

— Corsica and Sardinia)

Ovis orientalis ophion (Ovis gmelini ophion)

Rupicapra pyrenaica ornata (Rupicapra rupicapra ornata)

Rupicapra rupicapra balcanica

Rupicapra rupicapra tatrica

CETACEA

All species

REPTILES

TESTUDINATA

Testudinidae

Testudo graeca

Testudo hermanni

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Testudo marginata

Cheloniidae

Caretta caretta

Chelonia mydas

Lepidochelys kempii

Eretmochelys imbricata

Dermochelyidae

Dermochelys coriacea

Emydidae

Emys orbicularis

Mauremys caspica

Mauremys leprosa

SAURIA

Lacertidae

Algyroides fitzingeri

Algyroides marchi

Algyroides moreoticus

Algyroides nigropunctatus

Dalmatolacerta oxycephala

Dinarolacerta mosorensis

Gallotia atlantica

Gallotia galloti

Gallotia galloti insulanagae

Gallotia simonyi

Gallotia stehlini

Lacerta agilis

Lacerta bedriagae

Lacerta bonnali (Lacerta monticola)

Lacerta monticola

Lacerta danfordi

Lacerta dugesi

Lacerta graeca

Lacerta horvathi

Lacerta schreiberi

Lacerta trilineata

Lacerta viridis

Lacerta vivipara pannonica

Ophisops elegans

Podarcis erhardii

Podarcis filfolensis

Podarcis hispanica atrata

Podarcis lilfordi

Podarcis melisellensis

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Podarcis milensis

Podarcis muralis

Podarcis peloponnesiaca

Podarcis pityusensis

Podarcis sicula

Podarcis taurica

Podarcis tiliguerta

Podarcis wagleriana

Scincidae

Ablepharus kitaibelii

Chalcides bedriagai

Chalcides ocellatus

Chalcides sexlineatus

Chalcides simonyi (Chalcides occidentalis)

Chalcides viridianus

Ophiomorus punctatissimus

Gekkonidae

Cyrtopodion kotschyi

Phyllodactylus europaeus

Tarentola angustimentalis

Tarentola boettgeri

Tarentola delalandii

Tarentola gomerensis

Agamidae

Stellio stellio

Chamaeleontidae

Chamaeleo chamaeleon

Anguidae

Ophisaurus apodus

OPHIDIA

Colubridae

Coluber caspius

Coluber cypriensis

Coluber hippocrepis

Coluber jugularis

Coluber laurenti

Coluber najadum

Coluber nummifer

Coluber viridiflavus

Coronella austriaca

Eirenis modesta

Elaphe longissima

Elaphe quatuorlineata

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Elaphe situla

Natrix natrix cetti

Natrix natrix corsa

Natrix natrix cypriaca

Natrix tessellata

Telescopus falax

Viperidae

Vipera ammodytes

Macrovipera schweizeri (Vipera lebetina schweizeri)

Vipera seoanni (except Spanish populations)

Vipera ursinii

Vipera xanthina

Boidae

Eryx jaculus

AMPHIBIANS

CAUDATA

Salamandridae

Chioglossa lusitanica

Euproctus asper

Euproctus montanus

Euproctus platycephalus

Mertensiella luschani (Salamandra luschani)

Salamandra atra

Salamandra aurorae

Salamandra lanzai

Salamandrina terdigitata

Triturus carnifex (Triturus cristatus carnifex)

Triturus cristatus (Triturus cristatus cristatus)

Triturus italicus

Triturus karelinii (Triturus cristatus karelinii)

Triturus marmoratus

Triturus montandoni

Triturus vulgaris ampelensis

Proteidae

Proteus anguinus

Plethodontidae

Hydromantes (Speleomantes) ambrosii

Hydromantes (Speleomantes) flavus

Hydromantes (Speleomantes) genei

Hydromantes (Speleomantes) imperialis

Hydromantes (Speleomantes) strinatii (Hydromantes

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(Speleomantes) italicus)

Hydromantes (Speleomantes) supramontis

ANURA

Discoglossidae

Alytes cisternasii

Alytes muletensis

Alytes obstetricans

Bombina bombina

Bombina variegata

Discoglossus galganoi (including Discoglossus “jeanneae”)

Discoglossus montalentii

Discoglossus pictus

Discoglossus sardus

Ranidae

Rana arvalis

Rana dalmatina

Rana graeca

Rana iberica

Rana italica

Rana latastei

Rana lessonae

Pelobatidae

Pelobates cultripes

Pelobates fuscus

Pelobates syriacus

Bufonidae

Bufo calamita

Bufo viridis

Hylidae

Hyla arborea

Hyla meridionalis

Hyla sarda

FISH

ACIPENSERIFORMES

Acipenseridae

Acipenser naccarii

Acipenser sturio

SALMONIFORMES

Coregonidae

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Coregonus oxyrhynchus (anadromous populations in certain sectors

of the North Sea, except the Finnish populations)

CYPRINIFORMES

Cyprinidae

Anaecypris hispanica

Phoxinus percnurus

ATHERINIFORMES

Cyprinodontidae

Valencia hispanica

PERCIFORMES

Percidae

Gymnocephalus baloni

Romanichthys valsanicola

Zingel asper

INVERTEBRATES

ARTHROPODS

CRUSTACEA

Isopoda

Armadillidium ghardalamensis

INSECTA

Coleoptera

Bolbelasmus unicornis

Buprestis splendens

Carabus hampei

Carabus hungaricus

Carabus olympiae

Carabus variolosus

Carabus zawadszkii

Cerambyx cerdo

Cucujus cinnaberinus

Dorcadion fulvum cervae

Duvalius gebhardti

Duvalius hungaricus

Dytiscus latissimus

Graphoderus bilineatus

Leptodirus hochenwarti

Pilemia tigrina

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Osmoderma eremita

Phryganophilus ruficollis

Probaticus subrugosus

Propomacrus cypriacus

Pseudogaurotina excellens

Pseudoseriscius cameroni

Pytho kolwensis

Rosalia alpina

Lepidoptera

Apatura metis

Arytrura musculus

Catopta thrips

Chondrosoma fiduciarium

Coenonympha hero

Coenonympha oedippus

Colias myrmidone

Cucullia mixta

Dioszeghyana schmidtii

Erannis ankeraria

Erebia calcaria

Erebia christi

Erebia sudetica

Eriogaster catax

Fabriciana elisa

Glyphipterix loricatella

Gortyna borelii lunata

Hypodryas maturna

Hyles hippophaes

Leptidea morsei

Lignyoptera fumidaria

Lopinga achine

Lycaena dispar

Lycaena helle

Maculinea arion

Maculinea nausithous

Maculinea teleius

Melanargia arge

Nymphalis vaualbum

Papilio alexanor

Papilio hospiton

Parnassius apollo

Parnassius mnemosyne

Phyllometra culminaria

Plebicula golgus

Polymixis rufocincta isolata

Polyommatus eroides

Proserpinus Proserpina

Proterebia afra dalmata

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Pseudophilotes bavius

Xylomoia strix

Zerynthia polyxena

Mantodea

Apteromantis aptera

Odonata

Aeshna viridis

Cordulegaster heros

Cordulegaster trinacriae

Gomphus graslinii

Leucorrhinia albifrons

Leucorrhinia caudalis

Leucorrhinia pectoralis

Lindenia tetraphylla

Macromia splendens

Ophiogomphus cecilia

Oxygastra curtisii

Stylurus flavipes

Sympecma braueri

Orthoptera

Baetica ustulata

Brachytrupes megacephalus

Isophya costata

Isophya harzi

Isophya stysi

Myrmecophilus baronii

Odontopodisma rubripes

Paracaloptenus caloptenoides

Pholidoptera transsylvanica

Saga pedo

Stenobothrus (Stenobothrodes) eurasius

ARACHNIDA

Araneae

Macrothele calpeiana

MOLLUSCS

GASTROPODA

Anisus vorticulus

Caseolus calculus

Caseolus commixta

Caseolus sphaerula

Chilostoma banaticum

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Discula leacockiana

Discula tabellata

Discula testudinalis

Discula turricula

Discus defloratus

Discus guerinianus

Elona quimperiana

Geomalacus maculosus

Geomitra moniziana

Gibbula nivosa

Hygromia kovacsi

Idiomela (Helix) subplicata

Lampedusa imitatrix

Lampedusa melitensis

Leiostyla abbreviata

Leiostyla cassida

Leiostyla corneocostata

Leiostyla gibba

Leiostyla lamellosa

Paladilhia hungarica

Patella ferruginea

Sadleriana pannonica

Theodoxus prevostianus

Theodoxus transversalis

BIVALVIA

Anisomyaria

Lithophaga lithophaga

Pinna nobilis

Unionoida

Margaritifera auricularia

Unio crassus

Dreissenidae

Congeria kusceri

ECHINODERMATA

Echinoidea

Centrostephanus longispinus

(b) PLANTS

Annex IV (b) contains all the plant species listed in Annex II (b) (*)

plus

those mentioned below:

(*)

Except bryophytes in Annex II (b).

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

PTERIDOPHYTA

ASPLENIACEAE

Asplenium hemionitis L.

ANGIOSPERMAE

AGAVACEAE

Dracaena draco (L.) L.

AMARYLLIDACEAE

Narcissus longispathus Pugsley

Narcissus triandrus L.

BERBERIDACEAE

Berberis maderensis Lowe

CAMPANULACEAE

Campanula morettiana Reichenb.

Physoplexis comosa (L.) Schur.

CARYOPHYLLACEAE

Moehringia fontqueri Pau

COMPOSITAE

Argyranthemum pinnatifidum (L.f.) Lowe subsp. succulentum

(Lowe) C. J. Humphries

Helichrysum sibthorpii Rouy

Picris willkommii (Schultz Bip.) Nyman

Santolina elegans Boiss. ex DC.

Senecio caespitosus Brot.

Senecio lagascanus DC. subsp. lusitanicus (P. Cout.) Pinto da Silva

Wagenitzia lancifolia (Sieber ex Sprengel) Dostal

CRUCIFERAE

Murbeckiella sousae Rothm.

EUPHORBIACEAE

Euphorbia nevadensis Boiss. & Reuter

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

GESNERIACEAE

Jankaea heldreichii (Boiss.) Boiss.

Ramonda serbica Pancic

IRIDACEAE

Crocus etruscus Parl.

Iris boissieri Henriq.

Iris marisca Ricci & Colasante

LABIATAE

Rosmarinus tomentosus Huber-Morath & Maire

Teucrium charidemi Sandwith

Thymus capitellatus Hoffmanns. & Link

Thymus villosus L. subsp. villosus L.

LILIACEAE

Androcymbium europaeum (Lange) K. Richter

Bellevalia hackelli Freyn

Colchicum corsicum Baker

Colchicum cousturieri Greuter

Fritillaria conica Rix

Fritillaria drenovskii Degen & Stoy.

Fritillaria gussichiae (Degen & Doerfler) Rix

Fritillaria obliqua Ker-Gawl.

Fritillaria rhodocanakis Orph. ex Baker

Ornithogalum reverchonii Degen & Herv.-Bass.

Scilla beirana Samp.

Scilla odorata Link

ORCHIDACEAE

Ophrys argolica Fleischm.

Orchis scopulorum Simsmerh.

Spiranthes aestivalis (Poiret) L. C. M. Richard

PRIMULACEAE

Androsace cylindrica DC.

Primula glaucescens Moretti

Primula spectabilis Tratt.

RANUNCULACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Aquilegia alpina L.

SAPOTACEAE

Sideroxylon marmulano Banks ex Lowe

SAXIFRAGACEAE

Saxifraga cintrana Kuzinsky ex Willk.

Saxifraga portosanctana Boiss.

Saxifraga presolanensis Engl.

Saxifraga valdensis DC.

Saxifraga vayredana Luizet

SCROPHULARIACEAE

Antirrhinum lopesianum Rothm.

Lindernia procumbens (Krocker) Philcox

SOLANACEAE

Mandragora officinarum L.

THYMELAEACEAE

Thymelaea broterana P. Cout.

UMBELLIFERAE

Bunium brevifolium Lowe

VIOLACEAE

Viola athois W. Becker

Viola cazorlensis Gandoger

ANNEX V

ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST

WHOSE TAKING IN THE WILD AND EXPLOITATION MAY BE

SUBJECT TO MANAGEMENT MEASURES

The species listed in this Annex are indicated:

— by the name of the species or subspecies, or

— by the body of species belonging to a higher taxon or to a designated part

of that taxon.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

The abbreviation “spp.” after the name of a family or genus designates all

the species belonging to that family or genus.

(a) ANIMALS

VERTEBRATES

MAMMALS

RODENTIA

Castoridae

Castor fiber (Finnish, Swedish, Latvian, Lithuanian, Estonian and

Polish populations)

Cricetidae

Cricetus cricetus (Hungarian populations)

CARNIVORA

Canidae

Canis aureus

Canis lupus (Spanish populations north of the Duero, Greek

populations north of the 39th parallel, Finnish populations within

the reindeer management area as defined in paragraph 2 of the

Finnish Act No 848/90 of 14 September 1990 on reindeer

management, Bulgarian, Latvian, Lithuanian, Estonian, Polish and

Slovak populations)

Mustelidae

Martes martes

Mustela putorius

Felidae

Lynx lynx (Estonian population)

Phocidae

All species not mentioned in Annex IV

Viverridae

Genetta genetta

Herpestes ichneumon

DUPLICIDENTATA

Leporidae

Lepus timidus

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ARTIODACTYLA

Bovidae

Capra ibex

Capra pyrenaica (except Capra pyrenaica pyrenaica)

Rupicapra rupicapra (except Rupicapra rupicapra balcanica,

Rupicapra rupicapra ornata and Rupicapra rupicapra tatrica)

AMPHIBIANS

ANURA

Ranidae

Rana esculenta

Rana perezi

Rana ridibunda

Rana temporaria

FISH

PETROMYZONIFORMES

Petromyzonidae

Lampetra fluviatilis

Lethenteron zanandrai

ACIPENSERIFORMES

Acipenseridae

All species not mentioned in Annex IV

CLUPEIFORMES

Clupeidae

Alosa spp.

SALMONIFORMES

Salmonidae

Thymallus thymallus

Coregonus spp. (except Coregonus oxyrhynchus — anadromous

populations in certain sectors of the North Sea)

Hucho hucho

Salmo salar (only in fresh water)

CYPRINIFORMES

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Cyprinidae

Aspius aspius

Barbus spp.

Pelecus cultratus

Rutilus friesii meidingeri

Rutilus pigus

SILURIFORMES

Siluridae

Silurus aristotelis

PERCIFORMES

Percidae

Gymnocephalus schraetzer

Zingel zingel

INVERTEBRATES

COELENTERATA

CNIDARIA

Corallium rubrum

MOLLUSCA

GASTROPODA — STYLOMMATOPHORA

Helix pomatia

BIVALVIA — UNIONOIDA

Margaritiferidae

Margaritifera margaritifera

Unionidae

Microcondylaea compressa

Unio elongatulus

ANNELIDA

HIRUDINOIDEA — ARHYNCHOBDELLAE

Hirudinidae

Hirudo medicinalis

ARTHROPODA

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

CRUSTACEA — DECAPODA

Astacidae

Astacus astacus

Austropotamobius pallipes

Austropotamobius torrentium

Scyllaridae

Scyllarides latus

INSECTA — LEPIDOPTERA

Saturniidae

Graellsia isabellae

(b) PLANTS

ALGAE

RHODOPHYTA

CORALLINACEAE

Lithothamnium coralloides Crouan frat.

Phymatholithon calcareum (Poll.) Adey & McKibbin

LICHENES

CLADONIACEAE

Cladonia L. subgenus Cladina (Nyl.) Vain.

BRYOPHYTA

MUSCI

LEUCOBRYACEAE

Leucobryum glaucum (Hedw.) AAngstr.

SPHAGNACEAE

Sphagnum L. spp. (except Sphagnum pylaisii Brid.)

PTERIDOPHYTA

Lycopodium spp.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANGIOSPERMAE

AMARYLLIDACEAE

Galanthus nivalis L.

Narcissus bulbocodium L.

Narcissus juncifolius Lagasca

COMPOSITAE

Arnica montana L.

Artemisia eriantha Tem

Artemisia genipi Weber

Doronicum plantagineum L. subsp. tournefortii (Rouy) P. Cout.

Leuzea rhaponticoides Graells

CRUCIFERAE

Alyssum pintadasilvae Dudley.

Malcolmia lacera (L.) DC. subsp. graccilima (Samp.) Franco

Murbeckiella pinnatifida (Lam.) Rothm. subsp. herminii (Rivas-

Martinez) Greuter & Burdet

GENTIANACEAE

Gentiana lutea L.

IRIDACEAE

Iris lusitanica Ker-Gawler

LABIATAE

Teucrium salviastrum Schreber subsp. salviastrum Schreber

LEGUMINOSAE

Anthyllis lusitanica Cullen & Pinto da Silva

Dorycnium pentaphyllum Scop. subsp. transmontana Franco

Ulex densus Welw. ex Webb.

LILIACEAE

Lilium rubrum Lmk

Ruscus aculeatus L.

PLUMBAGINACEAE

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Armeria sampaio (Bernis) Nieto Feliner

ROSACEAE

Rubus genevieri Boreau subsp. herminii (Samp.) P. Cout.

SCROPHULARIACEAE

Anarrhinum longipedicelatum R. Fernandes

Euphrasia mendonçae Samp.

Scrophularia grandiflora DC. subsp. grandiflora DC.

Scrophularia berminii Hoffmanns & Link

Scrophularia sublyrata Brot.

ANNEX VI

PROHIBITED METHODS AND MEANS OF CAPTURE AND

KILLING AND MODES OF TRANSPORT

(a) Non-selective means

MAMMALS

— Blind or mutilated animals used as live decoys

— Tape recorders

— Electrical and electronic devices capable of killing or stunning

— Artificial light sources

— Mirrors and other dazzling devices

— Devices for illuminating targets

— Sighting devices for night shooting comprising an electronic image

magnifier or image converter

— Explosives

— Nets which are non-selective according to their principle or their

conditions of use

— Traps which are non-selective according to their principle or their

conditions of use

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

— Crossbows

— Poisons and poisoned or anaesthetic bait

— Gassing or smoking out

— Semi-automatic or automatic weapons witha magazine capable of

holding more than two rounds of ammunition

FISH

— Poison

— Explosives

(b) Modes of transport

— Aircraft

— Moving motor vehicles

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 6

Section 17V

ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN

CERTAIN WAYS

Common Name Scientific Name

Barbel

Barbus barbus

Seal, Mediterranean Monk Monachus monachus

NOTE. The common name or names given in the first column of this

Schedule are included by way of guidance only; in the event of any dispute

or proceedings, the common name or names shall not be taken into account.

_____________________

SCHEDULE 7

Repealed

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 8

THIS SCHEDULE REPRODUCES THE TEXT OF DIRECTIVE

2009/147/EC OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL OF 30 NOVEMBER 2009 ON THE CONSERVATION OF

WILD BIRDS

Section 2

DIRECTIVE 2009/147/EC OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL

of 30 November 2009

on the conservation of wild birds

(codified version)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in

particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social

Committee,

Acting in accordance with the procedure laid down in Article 251 of the

Treaty,

Whereas:

(1) Council Directive 79/409/EEC of 2 April 1979 on the conservation of

wild birds has been substantially amended several times. In the interests of

clarity and rationality the said Directive should be codified.

(2) Decision No 1600/2002/EC of the European Parliament and of the

Council of 22 July 2002 laying down the Sixth Community Environment

Action Programme calls for specific action for biodiversity, including to

protect birds and their habitats.

(3) A large number of species of wild birds naturally occurring in the

European territory of the Member States are declining in number, very

rapidly in some cases. This decline represents a serious threat to the

conservation of the natural environment, particularly because of the

biological balances threatened thereby.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(4) The species of wild birds naturally occurring in the European territory

of the Member States are mainly migratory species. Such species constitute

a common heritage and effective bird protection is typically a trans-frontier

environment problem entailing common responsibilities.

(5) The conservation of the species of wild birds naturally occurring in the

European territory of the Member States is necessary in order to attain the

Community’s objectives regarding the improvement of living conditions

and sustainable development.

(6) The measures to be taken must apply to the various factors which may

affect the numbers of birds, namely the repercussions of man’s activities

and in particular the destruction and pollution of their habitats, capture and

killing by man and the trade resulting from such practices; the stringency of

such measures should be adapted to the particular situation of the various

species within the framework of a conservation policy.

(7) Conservation is aimed at the long-term protection and management of

natural resources as an integral part of the heritage of the peoples of Europe.

It makes it possible to control natural resources and governs their use on the

basis of the measures necessary for the maintenance and adjustment of the

natural balances between species as far as is reasonably possible.

(8) The preservation, maintenance or restoration of a sufficient diversity

and area of habitats is essential to the conservation of all species of birds.

Certain species of birds should be the subject of special conservation

measures concerning their habitats in order to ensure their survival and

reproduction in their area of distribution. Such measures must also take

account of migratory species and be coordinated with a view to setting up a

coherent whole.

(9) In order to prevent commercial interests from exerting a possible

harmful pressure on exploitation levels, it is necessary to impose a general

ban on marketing and to restrict all derogation to those species whose

biological status so permits, account being taken of the specific conditions

obtaining in the different regions.

(10) Because of their high population level, geographical distribution and

reproductive rate in the Community as a whole, certain species may be

hunted, which constitutes acceptable exploitation where certain limits are

established and respected, as such hunting must be compatible with

maintenance of the population of these species at a satisfactory level.

(11) The various means, devices or methods of large-scale or non-selective

capture or killing and hunting with certain forms of transport must be

banned because of the excessive pressure which they exert or may exert on

the numbers of the species concerned.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(12) Because of the importance which may be attached to certain specific

situations, provision should be made for the possibility of derogations on

certain conditions and subject to monitoring by the Commission.

(13) The conservation of birds and, in particular, migratory birds still

presents problems which call for scientific research. Such research will also

make it possible to assess the effectiveness of the measures taken.

(14) Care should be taken in consultation with the Commission to see that

the introduction of any species of wild bird not naturally occurring in the

European territory of the Member States does not cause harm to local flora

and fauna.

(15) The Commission will every three years prepare and transmit to the

Member States a composite report based on information submitted by the

Member States on the application of national provisions introduced pursuant

to this Directive.

(16) The measures necessary for the implementation of this Directive

should be adopted in accordance with Council Decision 1999/468/EC of 28

June 1999 laying down the procedures for the exercise of implementing

powers conferred on the Commission.

(17) In particular, the Commission should be empowered to amend certain

Annexes in the light of scientific and technical progress. Since those

measures are of general scope and are designed to amend non-essential

elements of this Directive, they must be adopted in accordance with the

regulatory procedure with scrutiny provided for in Article 5a of Decision

1999/468/EC.

(18) This Directive should be without prejudice to the obligations of the

Member States relating to the time limits for transposition into national law

of the directives set out in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive relates to the conservation of all species of naturally

occurring birds in the wild state in the European territory of the Member

States to which the Treaty applies. It covers the protection, management and

control of these species and lays down rules for their exploitation. 2. It shall

apply to birds, their eggs, nests and habitats.

Article 2

Member States shall take the requisite measures to maintain the population

of the species referred to in Article 1 at a level which corresponds in

particular to ecological, scientific and cultural requirements, while taking

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

account of economic and recreational requirements, or to adapt the

population of these species to that level.

Article 3

1. In the light of the requirements referred to in Article 2, Member States

shall take the requisite measures to preserve, maintain or re-establish a

sufficient diversity and area of habitats for all the species of birds referred to

in Article 1.

2. The preservation, maintenance and re-establishment of biotopes and

habitats shall include primarily the following measures:

(a) creation of protected areas;

(b) upkeep and management in accordance with the ecological

needs of habitats inside and outside the protected zones;

(c) re-establishment of destroyed biotopes;

(d) creation of biotopes.

Article 4

1. The species mentioned in Annex I shall be the subject of special

conservation measures concerning their habitat in order to ensure their

survival and reproduction in their area of distribution.

In this connection, account shall be taken of:

(a) species in danger of extinction;

(b) species vulnerable to specific changes in their habitat;

(c) species considered rare because of small populations or

restricted local distribution;

(d) other species requiring particular attention for reasons of the

specific nature of their habitat.

Trends and variations in population levels shall be taken into account as a

background for evaluations.

Member States shall classify in particular the most suitable territories in

number and size as special protection areas for the conservation of these

species in the geographical sea and land area where this Directive applies.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2. Member States shall take similar measures for regularly occurring

migratory species not listed in Annex I, bearing in mind their need for

protection in the geographical sea and land area where this Directive

applies, as regards their breeding, moulting and wintering areas and staging

posts along their migration routes. To this end, Member States shall pay

particular attention to the protection of wetlands and particularly to wetlands

of international importance.

3. Member States shall send the Commission all relevant information so

that it may take appropriate initiatives with a view to the coordination

necessary to ensure that the areas provided for in paragraphs 1 and 2 form a

coherent whole which meets the protection requirements of these species in

the geographical sea and land area where this Directive applies.

4. I n respect of the protection areas referred to in paragraphs 1 and 2,

Member States shall take appropriate steps to avoid pollution or

deterioration of habitats or any disturbances affecting the birds, in so far as

these would be significant having regard to the objectives of this Article.

Outside these protection areas, Member States shall also strive to avoid

pollution or deterioration of habitats.

Article 5

Without prejudice to Articles 7 and 9, Member States shall take the requisite

measures to establish a general system of protection for all species of birds

referred to in Article 1, prohibiting in particular:

(a) deliberate killing or capture by any method;

(b) deliberate destruction of, or damage to, their nests and eggs or

removal of their nests;

(c) taking their eggs in the wild and keeping these eggs even if

empty;

(d) deliberate disturbance of these birds particularly during the

period of breeding and rearing, in so far as disturbance would

be significant having regard to the objectives of this Directive;

(e) keeping birds of species the hunting and capture of which is

prohibited.

Article 6

1. Without prejudice to paragraphs 2 and 3, Member States shall prohibit,

for all the bird species referred to in Article 1, the sale, transport for sale,

keeping for sale and the offering for sale of live or dead birds and of any

readily recognisable parts or derivatives of such birds.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2. The activities referred to in paragraph 1 shall not be prohibited in respect

of the species referred to in Annex III, Part A, provided that the birds have

been legally killed or captured or otherwise legally acquired.

3. Member States may, for the species listed in Annex III, Part B, allow

within their territory the activities referred to in paragraph 1, making

provision for certain restrictions, provided that the birds have been legally

killed or captured or otherwise legally acquired.

Member States wishing to grant such authorisation shall first of all consult

the Commission with a view to examining jointly with the latter whether the

marketing of specimens of such species would result or could reasonably be

expected to result in the population levels, geographical distribution or

reproductive rate of the species being endangered throughout the

Community. Should this examination prove that the intended authorisation

will, in the view of the Commission, result in any one of the aforementioned

species being thus endangered or in the possibility of their being thus

endangered, the Commission shall forward a reasoned recommendation to

the Member State concerned stating its opposition to the marketing of the

species in question. Should the Commission consider that no such risk

exists, it shall inform the Member State concerned accordingly.

The Commission’s recommendation shall be published in the Official

Journal of the European Union.

Member States granting authorisation pursuant to this paragraph shall verify

at regular intervals that the conditions governing the granting of such

authorisation continue to be fulfilled.

Article 7

1. Owing to their population level, geographical distribution and

reproductive rate throughout the Community, the species listed in Annex II

may be hunted under national legislation. Member States shall ensure that

the hunting of these species does not jeopardise conservation efforts in their

distribution area.

2. The species referred to in Annex II, Part A may be hunted in the

geographical sea and land area where this Directive applies.

3. The species referred to in Annex II, Part B may be hunted only in the

Member States in respect of which they are indicated.

4. Member States shall ensure that the practice of hunting, including

falconry if practised, as carried on in accordance with the national measures

in force, complies with the principles of wise use and ecologically balanced

control of the species of birds concerned and that this practice is compatible

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

as regards the population of these species, in particular migratory species,

with the measures resulting from Article 2.

They shall see in particular that the species to which hunting laws apply are

not hunted during the rearing season or during the various stages of

reproduction.

In the case of migratory species, they shall see in particular that the species

to which hunting regulations apply are not hunted during their period of

reproduction or during their return to their rearing grounds.

Member States shall send the Commission all relevant information on the

practical application of their hunting regulations.

Article 8

1. In respect of the hunting, capture or killing of birds under this Directive,

Member States shall prohibit the use of all means, arrangements or methods

used for the large-scale or non-selective capture or killing of birds or

capable of causing the local disappearance of a species, in particular the use

of those listed in Annex IV, point (a).

2. Moreover, Member States shall prohibit any hunting from the modes of

transport and under the conditions mentioned in Annex IV, point (b).

Article 9

1. Member States may derogate from the provisions of Articles 5 to 8,

where there is no other satisfactory solution, for the following reasons:

(a)

— in the interests of public health and safety,

— in the interests of air safety,

— to prevent serious damage to crops, livestock, forests,

fisheries and water,

— for the protection of flora and fauna;

(b) for the purposes of research and teaching, of re-population, of

re-introduction and for the breeding necessary for these

purposes;

(c) to permit, under strictly supervised conditions and on a

selective basis, the capture, keeping or other judicious use of

certain birds in small numbers.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2. The derogations referred to in paragraph 1 must specify:

(a) the species which are subject to the derogations;

(b) the means, arrangements or methods authorised for capture or

killing;

(c) the conditions of risk and the circumstances of time and place

under which such derogations may be granted;

(d) the authority empowered to declare that the required conditions

obtain and to decide what means, arrangements or methods

may be used, within what limits and by whom;

(e) the controls which will be carried out. 3. Each year the

Member States shall send a report to the Commission on the

implementation of paragraphs 1 and 2.

4. On the basis of the information available to it, and in particular the

information communicated to it pursuant to paragraph 3, the Commission

shall at all times ensure that the consequences of the derogations referred to

in paragraph 1 are not incompatible with this Directive. It shall take

appropriate steps to this end.

Article 10

1. Member States shall encourage research and any work required as a basis

for the protection, management and use of the population of all species of

bird referred to in Article 1. Particular attention shall be paid to research and

work on the subjects listed in Annex V.

2. Member States shall send the Commission any information required to

enable it to take appropriate measures for the coordination of the research

and work referred to in paragraph 1.

Article 11

Member States shall see that any introduction of species of bird which do

not occur naturally in the wild state in the European territory of the Member

States does not prejudice the local flora and fauna. In this connection they

shall consult the Commission.

Article 12

1. Member States shall forward to the Commission every three years,

starting from 7 April 1981, a report on the implementation of national

provisions taken under this Directive.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

2. The Commission shall prepare every three years a composite report

based on the information referred to in paragraph 1. That part of the draft

report covering the information supplied by a Member State shall be

forwarded to the authorities of the Member State in question for

verification. The final version of the report shall be forwarded to the

Member States.

Article 13

Application of the measures taken pursuant to this Directive may not lead to

deterioration in the present situation as regards the conservation of the

species of birds referred to in Article 1.

Article 14

Member States may introduce stricter protective measures than those

provided for under this Directive.

Article 15

Such amendments as are necessary for adapting Annexes I and V to

technical and scientific progress shall be adopted. Those measures,

designed to amend non-essential elements of this Directive, shall be adopted

in accordance with the regulatory procedure with scrutiny referred to in

Article 16(2).

Article 16

1. The Commission shall be assisted by the Committee for Adaptation to

Technical and Scientific Progress.

2. Where reference is made to this paragraph, Article 5a(1) to (4) and

Article 7 of Decision 1999/468/EC shall apply, having regard to the

provisions of Article 8 thereof.

Article 17

Member States shall communicate to the Commission the texts of the main

provisions of national law which they adopt in the field governed by this

Directive.

Article 18

Directive 79/409/EEC, as amended by the acts listed in Annex VI, Part A, is

repealed, without prejudice to the obligations of the Member States relating

to the time limits for transposition into national law of the Directives set out

in Annex VI, Part B. References to the repealed Directive shall be construed

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

as references to this Directive and shall be read in accordance with the

correlation table in Annex VII.

Article 19

This Directive shall enter into force on the 20th day following its

publication in the Official Journal of the European Union.

Article 20

This Directive is addressed to the Member States.

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANNEX I

GAVIIFORMES

Gaviidae

Gavia stellata

Gavia arctica

Gavia immer

PODICIPEDIFORMES

Podicipedidae

Podiceps auritus

PROCELLARIIFORMES

Procellariidae

Pterodroma madeira

Pterodroma feae

Bulweria bulwerii

Calonectris diomedea

Puffinus puffinus mauretanicus (Puffinus mauretanicus)

Puffinus yelkouan

Puffinus assimilis

Hydrobatidae

Pelagodroma marina

Hydrobates pelagicus

Oceanodroma leucorhoa

Oceanodroma castro

PELECANIFORMES

Pelecanidae

Pelecanus onocrotalus

Pelecanus crispus

Phalacrocoracidae

Phalacrocorax aristotelis desmarestii

Phalacrocorax pygmeus

CICONIIFORMES

Ardeidae

Botaurus stellaris

Ixobrychus minutus

Nycticorax nycticorax

Ardeola ralloides

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Egretta garzetta

Egretta alba (Ardea alba)

Ardea purpurea

Ciconiidae

Ciconia nigra

Ciconia ciconia

Threskiornithidae

Plegadis falcinellus

Platalea leucorodia

PHOENICOPTERIFORMES

Phoenicopteridae

Phoenicopterus ruber

ANSERIFORMES

Anatidae

Cygnus bewickii (Cygnus columbianus bewickii)

Cygnus cygnus

Anser albifrons flavirostris

Anser erythropus

Branta leucopsis

Branta ruficollis

Tadorna ferruginea

Marmaronetta angustirostris

Aythya nyroca

Polysticta stelleri

Mergus albellus (Mergellus albellus)

Oxyura leucocephala

FALCONIFORMES

Pandionidae

Pandion haliaetus

Accipitridae

Pernis apivorus

Elanus caeruleus

Milvus migrans

Milvus milvus

Haliaeetus albicilla

Gypaetus barbatus

Neophron percnopterus

Gyps fulvus

Aegypius monachus

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Circaetus gallicus

Circus aeruginosus

Circus cyaneus

Circus macrourus

Circus pygargus

Accipiter gentilis arrigonii

Accipiter nisus granti

Accipiter brevipes

Buteo rufinus

Aquila pomarina

Aquila clanga

Aquila heliaca

Aquila adalberti

Aquila chrysaetos

Hieraaetus pennatus

Hieraaetus fasciatus

Falconidae

Falco naumanni

Falco vespertinus

Falco columbarius

Falco eleonorae

Falco biarmicus

Falco cherrug

Falco rusticolus

Falco peregrinus

GALLIFORMES

Tetraonidae

Bonasa bonasia

Lagopus mutus pyrenaicus

Lagopus mutus helveticus

Tetrao tetrix tetrix

Tetrao urogallus

Phasianidae

Alectoris graeca

Alectoris barbara

Perdix perdix italica

Perdix perdix hispaniensis

GRUIFORMES

Turnicidae

Turnix sylvatica

Gruidae

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Grus grus

Rallidae

Porzana porzana

Porzana parva

Porzana pusilla

Crex crex

Porphyrio porphyrio

Fulica cristata

Otididae

Tetrax tetrax

Chlamydotis undulata

Otis tarda

CHARADRIIFORMES

Recurvirostridae

Himantopus himantopus

Recurvirostra avosetta

Burhinidae

Burhinus oedicnemus

Glareolidae

Cursorius cursor

Glareola pratincola

Charadriidae

Charadrius alexandrinus

Charadrius morinellus (Eudromias morinellus)

Pluvialis apricaria

Hoplopterus spinosus

Scolopacidae

Calidris alpina schinzii

Philomachus pugnax

Gallinago media

Limosa lapponica

Numenius tenuirostris

Tringa glareola

Xenus cinereus (Tringa cinerea)

Phalaropus lobatus

Laridae

Larus melanocephalus

Larus genei

Larus audouinii

Larus minutus

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Sternidae

Gelochelidon nilotica (Sterna nilotica)

Sterna caspia

Sterna sandvicensis

Sterna dougallii

Sterna hirundo

Sterna paradisaea

Sterna albifrons

Chlidonias hybridus

Chlidonias niger

Alcidae

Uria aalge ibericus

PTEROCLIFORMES

Pteroclididae

Pterocles orientalis

Pterocles alchata

COLUMBIFORMES

Columbidae

Columba palumbus azorica

Columba trocaz

Columba bollii

Columba junoniae

STRIGIFORMES

Strigidae

Bubo bubo

Nyctea scandiaca

Surnia ulula

Glaucidium passerinum

Strix nebulosa

Strix uralensis

Asio flammeus

Aegolius funereus

CAPRIMULGIFORMES

Caprimulgidae

Caprimulgus europaeus

APODIFORMES

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Apodidae

Apus caffer

CORACIIFORMES

Alcedinidae

Alcedo atthis

Coraciidae

Coracias garrulus

PICIFORMES

Picidae

Picus canus

Dryocopus martius

Dendrocopos major canariensis

Dendrocopos major thanneri

Dendrocopos syriacus

Dendrocopos medius

Dendrocopos leucotos

Picoides tridactylus

PASSERIFORMES

Alaudidae

Chersophilus duponti

Melanocorypha calandra

Calandrella brachydactyla

Galerida theklae

Lullula arborea

Motacillidae

Anthus campestris

Troglodytidae

Troglodytes troglodytes fridariensis

Muscicapidae (Turdinae)

Luscinia svecica

Saxicola dacotiae

Oenanthe leucura

Oenanthe cypriaca

Oenanthe pleschanka

Muscicapidae (Sylviinae)

Acrocephalus melanopogon

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Acrocephalus paludicola

Hippolais olivetorum

Sylvia sarda

Sylvia undata

Sylvia melanothorax

Sylvia rueppelli

Sylvia nisoria

Muscicapidae (Muscicapinae)

Ficedula parva

Ficedula semitorquata

Ficedula albicollis

Paridae

Parus ater cypriotes

Sittidae

Sitta krueperi

Sitta whiteheadi

Certhiidae

Certhia brachydactyla dorotheae

Laniidae

Lanius collurio

Lanius minor

Lanius nubicus

Corvidae

Pyrrhocorax pyrrhocorax

Fringillidae (Fringillinae)

Fringilla coelebs ombriosa

Fringilla teydea

Fringillidae (Carduelinae)

Loxia scotica

Bucanetes githagineus

Pyrrhula murina (Pyrrhula pyrrhula murina)

Emberizidae (Emberizinae)

Emberiza cineracea

Emberiza hortulana

Emberiza caesia

ANNEX II

PART A

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANSERIFORMES

Anatidae

Anser fabalis

Anser anser

Branta canadensis

Anas penelope

Anas strepera

Anas crecca

Anas platyrhynchos

Anas acuta

Anas querquedula

Anas clypeata

Aythya ferina

Aythya fuligula

GALLIFORMES

Tetraonidae

Lagopus lagopus scoticus et hibernicus

Lagopus mutus

Phasianidae

Alectoris graeca

Alectoris rufa

Perdix perdix

Phasianus colchicus

GRUIFORMES

Rallidae

Fulica atra

CHARADRIIFORMES

Scolopacidae

Lymnocryptes minimus

Gallinago gallinago

Scolopax rusticola

COLUMBIFORMES

Columbidae

Columba livia

Columba palumbus

PART B

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANSERIFORMES

Anatidae

Cygnus olor

Anser brachyrhynchus

Anser albifrons

Branta bernicla

Netta rufina

Aythya marila

Somateria mollissima

Clangula hyemalis

Melanitta nigra

Melanitta fusca

Bucephala clangula

Mergus serrator

Mergus merganser

GALLIFORMES

Meleagridae

Meleagris gallopavo

Tetraonidae

Bonasa bonasia

Lagopus lagopus lagopus

Tetrao tetrix

Tetrao urogallus

Phasianidae

Francolinus francolinus

Alectoris barbara

Alectoris chukar

Coturnix coturnix

GRUIFORMES

Rallidae

Rallus aquaticus

Gallinula chloropus

CHARADRIIFORMES

Haematopodidae

Haematopus ostralegus

Charadriidae

Pluvialis apricaria

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Pluvialis squatarola

Vanellus vanellus

Scolopacidae

Calidris canutus

Philomachus pugnax

Limosa limosa

Limosa lapponica

Numenius phaeopus

Numenius arquata

Tringa erythropus

Tringa totanus

Tringa nebularia

Laridae

Larus ridibundus

Larus canus

Larus fuscus

Larus argentatus

Larus cachinnans

Larus marinus

COLUMBIFORMES

Columbidae

Columba oenas

Streptopelia decaocto

Streptopelia turtur

PASSERIFORMES

Alaudidae

Alauda arvensis

Muscicapidae

Turdus merula

Turdus pilaris

Turdus philomelos

Turdus iliacus

Turdus viscivorus

Sturnidae

Sturnus vulgaris

Corvidae

Garrulus glandarius

Pica pica

Corvus monedula

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Corvus frugilegus

Corvus corone

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANNEX III

PART A

ANSERIFORMES

Anatidae

Anas platyrhynchos

GALLIFORMES

Tetraonidae

Lagopus lagopus lagopus, scoticus et hibernicus

Phasianidae

Alectoris rufa

Alectoris barbara

Perdix perdix

Phasianus colchicus

COLUMBIFORMES

Columbidae

Columba palumbus

PART B

ANSERIFORMES

Anatidae

Anser albifrons albifrons

Anser anser

Anas penelope

Anas crecca

Anas acuta

Anas clypeata

Aythya ferina

Aythya fuligula

Aythya marila

Somateria mollissima

Melanitta nigra

GALLIFORMES

Tetraonidae

Lagopus mutus

Tetrao tetrix britannicus

Tetrao urogallus

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

GRUIFORMES

Rallidae

Fulica atra

CHARADRIIFORMES

Charadriidae

Pluvialis apricaria

Scolopacidae

Lymnocryptes minimus

Gallinago gallinago

Scolopax rusticola.

ANNEX IV

(a)

—Snares (with the exception of Finland and Sweden for the capture

of Lagopus lagopus lagopus and Lagopus mutus north of

latitude 58° N), limes, hooks, live birds which are blind or

mutilated used as decoys, tape recorders, electrocuting devices,

— artificial light sources, mirrors, devices for illuminating targets,

sighting devices for night shooting comprising an electronic

image magnifier or image converter,

— explosives,

— nets, traps, poisoned or anaesthetic bait,

— semi-automatic or automatic weapons with a magazine capable of

holding more than two rounds of ammunition;

(b)

— aircraft, motor vehicles,

— boats driven at a speed exceeding five kilometres per hour. On the

open sea, Member States may, for safety reasons, authorise the

use of motor-boats with a maximum speed of 18 kilometres per

hour. Member States shall inform the Commission of any

authorisations granted.

ANNEX V

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(a) National lists of species in danger of extinction or particularly

endangered species, taking into account their geographical

distribution.

(b) Listing and ecological description of areas particularly

important to migratory species on their migratory routes and as

wintering and nesting grounds.

(c) Listing of data on the population levels of migratory species as

shown by ringing.

(d) Assessing the influence of methods of taking wild birds on

population levels.

(e) Developing or refining ecological methods for preventing the

type of damage caused by birds.

(f) Determining the role of certain species as indicators of

pollution.

(g) Studying the adverse effect of chemical pollution on

population levels of bird species.

ANNEX VI

PART A

REPEALED DIRECTIVE WITH LIST OF ITS SUCCESSIVE

AMENDMENTS

(referred to in Article 18)

Council Directive 79/409/EEC

(OJ L 103, 25.4.1979, p. 1)

1979 Act of Accession, Annex I, point XIII.1.F

(OJ L 291, 19.11.1979, p. 111)

Council Directive 81/854/EEC

(OJ L 319, 7.11.1981, p. 3)

Commission Directive 85/411/EEC

(OJ L 233, 30.8.1985, p. 33)

1985 Act of Accession, Annex I, points X.1.(h) and X.6

(OJ L 302, 15.11.1985, p. 218)

Council Directive 86/122/EEC

(OJ L 100, 16.4.1986, p. 22)

Commission Directive 91/244/EEC

(OJ L 115, 8.5.1991, p. 41)

Council Directive 94/24/EC

(OJ L 164, 30.6.1994, p. 9)

1994 Act of Accession, Annex I, point VIII.E.1

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(OJ C 241, 29.8.1994, p. 175)

Commission Directive 97/49/EC

(OJ L 223, 13.8.1997, p. 9)

Council Regulation (EC) No 807/2003 only Annex III, point 29

(OJ L 122, 16.5.2003, p. 36)

2003 Act of Accession, Annex II, point 16.C.1

(OJ L 236, 23.9.2003, p. 667)

Council Directive 2006/105/EC only as regards the reference,

(OJ L 363, 20.12.2006, p. 368) in Article 1, to Directive

79/409/EEC and point A.1 of the

Annex

Directive 2008/102/EC of the European

Parliament and of the Council

(OJ L 323, 3.12.2008, p. 31)

PART B

LST OF TIME LIMITS FOR TRANSPOSITION INTO NATIONAL

LAW

(referred to in Article 18)

Directives Time limit for transposition

79/409/EEC 7 April 1981

81/854/EEC -

85/411/EEC 31 July 1986

86/122/EEC -

91/244/EEC 31 July 1992

94/24/EC 29 September 1995

97/49/EC 30 September 1998

2006/105/EC 1 January 2007

2008/102/EC -

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

ANNEX VII

CORRELATION TABLE

Directive 79/409/EEC This Directive

Article 1(1) and (2) Article 1(1) and (2)

Article 1(3) —

Articles 2 to 5 Articles 2 to 5

Article 6(1), (2) and (3) Article 6(1), (2) and (3)

Article 6(4) —

Article 7(1), (2) and (3) Article 7(1), (2) and (3)

Article 7(4), first sentence Article 7(4), first subparagraph

Article 7(4), second sentence Article 7(4), second

subparagraph

Article 7(4), third sentence Article 7(4), third

subparagraph

Article 7(4), fourth sentence Article 7(4), fourth

subparagraph

Article 8 Article 8

Article 9(1) Article 9(1)

Article 9(2), introductory

wording

Article 9(2), introductory

wording

Article 9(2), first indent Article 9(2), point (a)

Article 9(2), second indent Article 9(2), point (b)

Article 9(2), third indent Article 9(2), point (c)

Article 9(2), fourth indent Article 9(2), point (d)

Article 9(2), fifth indent Article 9(2), point (e)

Article 9(3) Article 9(3)

Article 9(4) Article 9(4)

Article 10(1) Article 10(1), first sentence

Article 10(2), first sentence Article 10(1), second sentence

Article 10(2), second sentence Article 10(2)

Articles 11 to 15 Articles 11 to 15

Article 16(1) —

Article 17 Article 16

Article 18(1) —

Article 18(2) Article 17

— Article 18

— Article 19

Article 19 Article 20

Annex I Annex I

Annex II/1 Annex II, Part A

Annex II/2 Annex II, Part B

Annex III/1 Annex III, Part A

Annex III/2 Annex III, Part B

Annex IV Annex IV

Annex V Annex V

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

— Annex VI

— Annex VII

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

SCHEDULE 9

section 3 (1)(bb)

WILD BIRDS WHICH RE-USE THEIR NESTS

Common Name Scientific Name

Eagle Owl Bubo bubo

Lesser Kestrel Falco naumanni

Shag Phalacrocorax aristotelis

desmarestii

NOTE: The common name or names given in the first column of this

Schedule are included by way of guidance only; in the event of any dispute

or proceedings, the common name or names shall not be taken into account.

_______________________

SCHEDULE 10

Sections 24A and 24B

Admission Fees.

1.(1) Subject to subparagraph (5) and paragraph 2, the fee for admission

to the Upper Rock Nature Reserve shall be as follows–

(a) £0.50 for each person entering by foot at Jews’ Gate or Willis’s

Road;

(b) £10.00 for each person aged 12 years of age and over entering

in a private motor vehicle at Jews’ Gate or Willis’s Road;

(c) £5.00 for each person aged from 5 to 11 years of age inclusive

entering in a private motor vehicle at Jews’ Gate or Willis’s

Road;

(d) £2.00 for each private motor vehicle;

(e) £5.00 for each person for entry at Jews’ Gate or Willis’s Road

in a taxi or as part of a tour group with a tour operator.

(2) Subject to section 24A(2), the fee for admission to all the tourist

sites within the Upper Rock Nature Reserve shall be as follows–

(a) £9.50 for each person aged 12 years of age and over who

entered the Upper Rock Nature Reserve by foot at Jews’ Gate

or Willis’s Road;

Nature Protection

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1991-11

(b) £4.50 for each child aged from 5 to 11 years of age inclusive

who entered the Upper Rock Nature Reserve by foot at Jews’

Gate or Willis’s Road;

(c) £5.50 for each person aged 12 years of age and over for entry

from the cable car middle or top stations if the admission ticket

is pre-purchased at the cable car bottom station (if not pre-

purchased the fee shall be £10.00);

(d) £5.00 for each child aged from 5 to 11 years of age inclusive

for entry from the cable car middle or top stations.

(3) The fees in subparagraphs (1) and (2) are cumulative.

(4) The fees set in subparagraphs (1)(b) and (1)(c) shall be reduced by

£1.00 where the person concerned has previously paid £1.00 for entry to the

100 Ton Gun.

2.(1) A person holding a valid Gibraltar identity card relating to that

person may enter the Upper Rock Nature Reserve and all tourist sites within

the Upper Rock Nature Reserve without paying a fee on production of that

card.

(2) Gibraltar registered vehicles shall be exempted from payment of the

fee in paragraph 1(1)(d).

(3) A child aged under 5 years of age may enter the Upper Rock Nature

Reserve and all tourist sites the Upper Rock Nature Reserve without paying

a fee.

(4) Passengers in a taxi engaged for a city service journey shall be

exempted from payment of the fee in paragraph 1(1)(e) and shall for the

purposes of paragraph 1(2) be deemed to have entered the Upper Rock

Nature Reserve by foot at Jew’s Gate.

(5) In subparagraph (4) “city service journey” means a one-way fare

which is either–

(a) to or from a specific residence in a nature conservation area for

a resident or visitor to that residence, or

(b) in respect of a public or private function occurring in a nature

conservation area which is not part of the general tourist

attraction of the Upper Rock and which does not involve a stop

at or a visit to any part of the Upper Rock except where the

event is occurring.