Species Protection under Habitats Directive
System of strict protections (Articles 12-16 of the Habitats Directive)
The aim of Articles 12 to 16 of the Habitats Directive is to establish and implement a strict protection regime for animal species listed in Annex IV (a) of the Habitats Directive within the whole territory of the Member States.
Articles 12 and 13 provide for measures which should establish a system of strict protection for the flora and fauna listed in Annex IV of the Directive.
- 1.
Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV 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.
- 4. Member States shall establish a system to monitor the incidental 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 12 (1) of the Habitats Directive prohibits deliberate killing or capture of animal species which need high protection. The species concerned are listed in Annex IV of the Directive. Further, deliberate disturbance, deliberate destruction or taking of eggs from the wild, deterioration or destruction of breeding sites or resting places is also forbidden. Paragraph two of the Directive prohibits the keeping of, or trading in, the protected species.
- 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 13 establishes a protection scheme for the plant species listed in Annex IV of the Directive. More precisely, it forbids the deliberate picking, collecting, cutting, uprooting or destruction of such plants in their natural range in the wild and the keeping or trading of protected species.