Species Protection under Habitats Directive
System of strict protections (Articles 12-16 of the Habitats Directive)
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,
— 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 14 of the Habitats Directive provides for measures governing the taking and use of flora and fauna which are listed in Annex V of the Directive.
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:
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 15 of the Directive concerns provisions on the capture and transport of species listed in Annexes IV and V. A slightly less stringent protection regime applies to flora and fauna listed in Annex V. In case of taking and exploiting, some control measures are imposed, such as the prohibition of indiscriminate means capable of causing local disappearance of, or serious disturbance to, populations of such species (Article 15 (a)).