Published: 1991-05-09
Key Benefits:
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.
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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
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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.
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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
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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;
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“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;
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“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.
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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.
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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–
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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,
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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;
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(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,
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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
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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
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(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;
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(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.
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(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–
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(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.
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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;
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(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;
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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.
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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
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(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.
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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
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(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
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(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.
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(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–
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(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.
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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.
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(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
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(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.
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(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;
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(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.
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(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
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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.
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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.
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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
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(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.
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(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.
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(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.
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(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
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(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;
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(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
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(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.
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(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
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(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.
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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;
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(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
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(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.
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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 —
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(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
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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;
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(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
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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.
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(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–
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(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
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(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
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(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
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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.
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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.
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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.
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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.
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(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)−
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(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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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.
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(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.
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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.
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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).
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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;
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(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:
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(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
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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'
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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.
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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
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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.
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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
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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.
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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,
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— 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.
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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
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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).
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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.
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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.
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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
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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
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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
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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
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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
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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
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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)
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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:
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— 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
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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
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* 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
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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
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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
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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)
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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))
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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* 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
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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
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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.
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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
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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.
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(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;
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(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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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).
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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— 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
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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
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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.
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(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.
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(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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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1991-11
Corvus frugilegus
Corvus corone
Nature Protection
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1991-11
Nature Protection
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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
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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
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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
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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
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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
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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.