"Department for Environment, Food And Rural Affairs... Greater conservation for European protected species
... European Protected Species... are to benefit from increased protection from this summer. Stronger laws will be created for the protection of European Protected Species and their habitats. These new laws, which implement EU legislation, will be brought in on 21 August 2007, by changes to the Habitats Regulations... People will now have to consider, in a wider range of circumstances, the presence of these protected species and their breeding sites or resting places. Anyone who wishes to possess specimens of a protected species will now need a genuine reason for doing so, and will have to demonstrate this is compatible with the Regulations. Tougher rules on the trading of protected European species which are non-native to the UK... will act as a deterrent to the killing or taking of such species from the wild. Biodiversity Minister, Barry Gardiner, said: "The changes to the Habitats Regulations will provide improved protection for European Protected Species, and just as importantly, improved protection for their habitats. Those carrying out activities that may affect these species will now have to consider whether the activity is really necessary. If it is, and the potential effects on these species cannot be avoided, they should apply for a licence from the relevant authority." ... These... Regulations will fulfil[l] our obligation to fully transpose the Habitats Directive, following a judgement of the European Court of Justice. Both sets of Regulations prohibit deliberate capture and killing of protected species, or damage to their breeding sites and resting places. "Deliberate" has a broad meaning in this context having been interpreted by the European Court of Justice to include "accepting the possibility" of such capture or killing even when it was not intended... It will no longer be a defence to show that the killing, capture or disturbance of such species or the destruction or damage of their breeding sites or resting places was the incidental and unavoidable result of a lawful activity. ... European Protected... natural range includes GB... Fen Orchid [Liparis loeselii] ... European Protected Species are defined... as species listed in Annex IV to the Habitats Directive whose natural range includes any area in GB... the possession, control, transport, sale and exchange offences in the new Regulations are not limited to species whose natural range includes GB. Hence the use of "protected European species" in the paragraph above relating to the trade of non-natives. " URL : http://www.gnn.gov.uk/content/detail.asp?NewsAreaID=2&ReleaseID=294136 *********** Regards, VB _______________________________________________ the OrchidGuide Digest (OGD) [email protected] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
