# IMPORTANT news for anyone who keeps european species



## wohic (Jun 19, 2006)

Text of leaflet and list of species covered:

Importing non-native animals
- what you need to know

PB12381 January 2007

European Protected Species (EPS)

In response to a European Court Judgment the Conservation (Natural Habitats, &c.) Regulations 1994 are being amended in early 2007 which will affect the possession of EPS taken from the wild. The amended regulations will protect against trade all EPS listed on Annex IV(a) of the Habitats Directive and not just those whose natural range is Great Britain. The regulations will require anyone who already possesses an EPS acquired after 10th June 1994 to obtain a licence to continue to legally possess the specimen. A three month grace period after the regulations come into force will be available to allow people time to apply for a licence. Anyone who wishes to possess an EPS acquired after the new regulations come into force will require a licence immediately. Please check the origin of your wild EPS specimen against Annex IV(a) of the Habitats Directive as there are certain exceptions for certain species in certain countries in the EU.



EU Habitats Directive 
Annex IV 

REPTILES

TESTUDINATA
Testudinidae
Testudo graeca
Testudo hermanni
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
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
Podarcis milensis
Podarcis muralis
Podarcis peloponnesiaca
Podarcis pityusensis
Podarcis sicula
Podarcis taurica
Podarcis tiliguerta
Podarcis wagleriana

Scincidae
Ablepharus kitaibelli
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
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

Proteidae
Proteus anguinus

Plethodontidae
Hydromantes (Speleomantes) ambrosii
Hydromantes (Speleomantes) flavus
Hydromantes (Speleomantes) genei
Hydromantes (Speleomantes) imperialis
Hydromantes (Speleomantes) strinatii (Hydromantes (Speleomantes)
italicus)
Hydromantes (Speleomantes) supramontes

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

"The regulations will require anyone who already possesses an EPS acquired after 10th June 1994 to obtain a licence to continue to legally possess the specimen"

Below are links to the DEFRA website and Annex IV (species list) of the EU Habitats Directive. 

DEFRA Wildlife and Countryside - European Protected Species
http://www.defra.gov.uk/wildlife-countrysi...ebrates/EPS.htm

Annex IV (protected species)
http://ec.europa.eu/environment/nature/nat.../annexiv_en.pdf


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## Guest (Mar 16, 2007)

hmmm intresting


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## Athravan (Dec 28, 2006)

Does anyone know exactly when this comes into force? Considering it's certainly not "early 2007" anymore, it's already May!


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## Tops (Apr 26, 2007)

We should be ok though cos all those look like latin snakes which would have died a LOOOONG time ago


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## Art_Gecko101 (May 6, 2006)

well Bombina bombina is on the list (european fire bellied toad) as is the Hyla arborea... so that'll affect some people


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## Athravan (Dec 28, 2006)

Many people keep some variety of lacerta.. stellio agama is quite commonly seen in pet shops as is chalcides occelatus.. and yes, fire bellies will have a big impact too I would think!


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## TBUK (Feb 25, 2005)

Oh i got a pair of Vipera ammodytes


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## Guest (May 17, 2007)

what are the other names of these things?


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## SiUK (Feb 15, 2007)

I remember someone posted this a couple of months ago, its not really gonna affect us too much when buying new pets at least is it? it just means we will need a lisence much like the cites for some tortoises already right?


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## wohic (Jun 19, 2006)

it gonna be more of a problem to people that already keep and breed the animals on the list, you have to prove that they are captive bred when you obtain the licence.


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## Guest (May 17, 2007)

so you need a license to keep and breed corns,kings etc??


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## SiUK (Feb 15, 2007)

Laura-LNV said:


> so you need a license to keep and breed corns,kings etc??


na cos they are not european the time will come though when you will need it, at the moment I dont have anything on that list so im ok


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## Ssthisto (Aug 31, 2006)

SiUK said:


> I remember someone posted this a couple of months ago, its not really gonna affect us too much when buying new pets at least is it? it just means we will need a lisence much like the cites for some tortoises already right?


It will affect you if the SHOP doesn't know you require a license for certain animals... and yes, it mostly affects those of us who bought legal wild caught imports. Because that's an animal you can't, according to the legislation as it stands at the moment, get a license for.


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## TBUK (Feb 25, 2005)

Laura-LNV said:


> what are the other names of these things?


Dont know if you meant my Vipera ammodytes but if you did there also know as Nose horned vipers, Horned viper, long nosed viper or Eastern sand viper


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## Ssthisto (Aug 31, 2006)

Laura-LNV said:


> what are the other names of these things?


As best I can translate:

*TESTUDINATA*
*Testudinidae*
Testudo graeca - Mediterranean Spur-Thighed and Greek Tortoises
Testudo hermanni - Hermann's Tortoise
Testudo marginata - Marginated Tortoise
*Cheloniidae*
Caretta caretta - Loggerhead Sea Turtle
Chelonia mydas - Green Turtle
Lepidochelys kempii - Kemp's Ridley Sea Turtle
Eretmochelys imbricata - Hawksbill Turtle
*Dermochelyidae*
Dermochelys coriacea - Leatherback Turtle
*Emydidae*
Emys orbicularis - European Pond Turtle
Mauremys caspica - Caspian Pond Turtle
Mauremys leprosa - Mediterranean Pond Turtle

*SAURIA*
*Lacertidae*
Algyroides fitzingeri - Pygmy Algyroides
Algyroides marchi - Spanish Algyroides
Algyroides moreoticus - Greek Algyroides
Algyroides nigropunctatus - Dalmatian Algyroides
Gallotia atlantica - Canary Island Lizard
Gallotia galloti - Tenerife Lizard
Gallotia galloti insulanagae - Anaga Lizard
Gallotia simonyi - El Hierro Giant Lizard
Gallotia stehlini - Canary Island Lizard
Lacerta agilis - Sand Lizard (all subspecies)
Lacerta bedriagae - Bedriaga's Rock Lizard 
Lacerta bonnali (Lacerta monticola) - Pyrenean Rock Lizard
Lacerta monticola - Iberian Rock Lizard
Lacerta danfordi - Danford's Lizard
Lacerta dugesi - 
Lacerta graeca - Greek Rock Lizard
Lacerta horvathi - Horvath's Rock Lizard
Lacerta schreiberi - Iberian Emerald Lizard
Lacerta trilineata - Balkan Emerald Lizard
Lacerta viridis - European Green Lizard
Lacerta vivipara pannonica - Viviparous (common) Lizard 
Ophisops elegans - Snake-Eyed Lizard
Podarcis erhardii - Erhard's wall lizard
Podarcis filfolensis - Maltese Wall Lizard
Podarcis hispanica atrata 
Podarcis lilfordi - Balearic Lizard
Podarcis melisellensis - Dalmatian Wall Lizard
Podarcis milensis - Milos Wall Lizard
Podarcis muralis - Common Wall Lizard
Podarcis peloponnesiaca - Peloponnese Wall Lizard
Podarcis pityusensis - Ibiza Wall Lizard
Podarcis sicula - Italian Wall Lizard
Podarcis taurica - Balkan Wall Lizard
Podarcis tiliguerta - Tyrrhenian Wall Lizard
Podarcis wagleriana - Sicilian Wall Lizard
*Scincidae*
Ablepharus kitaibelli
Chalcides bedriagai - Bedriaga's Skink
Chalcides ocellatus - Eyed Skink
Chalcides sexlineatus - Gran Canaria Skink
Chalcides simonyi (Chalcides occidentalis) - Eastern Canary Skink
Chalcides viridianus 
Ophiomorus punctatissimus 
*Gekkonidae*
Cyrtopodion kotschyi - Kotschy's Gecko
Phyllodactylus europaeus - Leaf-Fingered Gecko
Tarentola angustimentalis - East Canary Gecko
Tarentola boettgeri - Gran Canaria Gecko
Tarentola delalandii - Tenerife Gecko
Tarentola gomerensis - La Gomera Gecko
*Agamidae*
Agama (Laudakia) stellio stellio - Starred Agama
*Chamaeleontidae*
Chamaeleo chamaeleon - Mediterranean Chameleon
*Anguidae*
Ophisaurus apodus Sheltopusik / Giant European Glass Lizard

*OPHIDIA*
*Colubridae*
Coluber caspius - Large Whip Snake
Coluber cypriensis - Cyprus Whip Snake
Coluber hippocrepis - Horseshoe Whip Snake
Coluber jugularis - Black Whip Snake
Coluber laurenti
Coluber najadum - Dahl's Whip Snake
Coluber nummifer - Coin Marked Snake
Coluber viridiflavus - Western Whip Snake
Coronella austriaca - Smooth Snake
Eirenis modesta - Dwarf Snake
Elaphe longissima - Aesculapian Snake
Elaphe quatuorlineata - Four-Lined Snake
Elaphe situla - Leopard Rat Snake
Natrix natrix cetti - Grass Snake
Natrix natrix corsa - Grass Snake
Natrix natrix cypriaca - Grass Snake
Natrix tessellata - Dice Snake
Telescopus falax - European Cat Snake
*Viperidae*
Vipera ammodytes - Nose-Horned Viper
Macrovipera schweizeri (Vipera lebetina schweizeri) - Milos Viper
Vipera seoanni (except Spanish populations) - Seoane's Viper
Vipera ursinii - Meadow Viper 
Vipera xanthina - Ottoman Viper
*Boidae*
Eryx jaculus - Sand Boa

Interesting little factoid, though... they list, among the mammals, a mammal called _Felis sylvestris_. Now, the fact that they haven't listed any subspecies means that all subspecies are subject to the law. I happen to have two members of the subspecies _Felis sylvestris catus_ in my house... two domestic cats.


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## captaincaveman (Nov 6, 2006)

interesting that the british grass snake and adder are not listed still


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## Ssthisto (Aug 31, 2006)

captaincaveman said:


> interesting that the british grass snake and adder are not listed still


Grass snakes, Adders, Slow worms and the non-_pannonica_ subspecies of the Common Lizard are not listed because they are not on the European Protected list - nor are they afforded many of the protections of the Wildlife and Countryside Act. 

However, that could quite easily change in the long run. I'd be concerned that they WILL pop up eventually.


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## wohic (Jun 19, 2006)

thanks ssthisto..I actually did translate most of it yesterday had in on notepad and bless my daughter , the phone rang, she took over the pc and losed it down Grrrrrrrrr.


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## Chris Newman (Apr 23, 2007)

This new legislation was supposed to come into force on April 18th. However, due to some intensive lobbying government have been forces to postpone its introduction. The new legislation will eventually come into effect but I hope on more favourable terms for keepers. Below is letter to the minister on this issue, it may be of some interest to keepers.


*European Protected Species regulation *​​*‘Questions’*​
1) Who will be entitled to enforce the new European Protected Species regulation?

2) How will enforcers determine what is a captive-bred and what is a wild-caught specimen of a protected species?

3) How will enforcers differentiate between specimens of EU origin and non-EU origin? For example, a green toad _Bufo viridis_ that originates from Italy is a protected species, but a green toad _Bufo viridis_ from Egypt is legal in trade as a wild-caught specimen.

4) How do keepers who currently keep/breed species scheduled on Annex IV prove ‘legal acquisition’ of that specimen? With the exception of those species already covered by other regulations, i.e. CITES, all other species have previously been entirely unregulated in trade or keeping in captivity (except species covered by the DWAA) and, therefore, documented proof in most circumstances will be non-existent.

5) Will species on Annex IV of the EPS regulations that are also on Annex A of EU CITES, e.g. Hermann’s tortoise _Testudo hermanni_ require separate licensing from Article 10 permits? Whilst it is a requirement to have a valid Article 10 certificate for commercial activities, it is not a requirement to hold an Article 10 certificate for keeping purposes. 

6) What specifically was the Minister told in the Regulatory Impact Assessment concerning the resource implications for government in implementing this licensing scheme in view of the sheer volume of animals currently held in captivity? A conservative estimate is that there are between 300,000 and 500,000 households keeping multiple specimens of species scheduled on Annex IV of the European Protected Species regulation. We estimate the cost of implementing this to between £5 and £50 million pounds. 

7) In view of the fact that the overwhelming majority of species scheduled on Annex IV of the European Protected Species regulations have previously enjoyed the status of being unregulated within the UK, how does this new regulation comply with the Human Rights Act 1998? As an example, I have listed a few of the Articles of the aforementioned Act of which I believe these new regulations may be in contravention.

Schedule 1
THE ARTICLES
PART I
_ARTICLE 5 - RIGHT TO LIBERTY AND SECURITY_
_ARTICLE 6 - RIGHT TO A FAIR TRIAL_
_ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE_
_ARTICLE 14 - PROHIBITION OF DISCRIMINATION_
_ARTICLE 17 - PROHIBITION OF ABUSE OF RIGHTS_
_ARTICLE 18 - LIMITATION ON USE OF RESTRICTIONS ON RIGHTS_

PART II
THE FIRST PROTOCOL
_ARTICLE 1- PROTECTION OF PROPERTY_

*‘Consequences’*​
The keeping of European reptiles and amphibian species in the UK has been a popular activity for a protracted period of time. The first records of commercial trade in European species dates back to the mid 1800s and significant commercial trade continued up until the late 1980s. From the early 1990s commercial trade shifted to Russia and other former Soviet States, notably Ukraine. 

With the exception of those species on Annex A of EU CITES regulations, all other species have been unregulated in trade and, therefore, proof of legal acquisition is virtually impossible for the overwhelming majority of species.

The new regulations are due to come into effect on April 17th 2007 and keepers of species covered on Annex IV effectively have three options:

1. Continue to keep scheduled animals, become a ‘wildlife criminal’ and suffer the potential consequences.

2. Euthanize animals covered by these regulations in there possession.

3. Release into the wild species covered by these regulations.

Theoretically there is another option:

4. Apply for a license to keep and breed species covered on Annex IV.

However, as I understand it Natural England does not currently have any application forms available for licensing species on Annex IV; neither does it have criteria for what it would require as proof of legal acquisition. I have been informed by DEFRA that:

_“It will be presumed that the animal was taken from the wild unless otherwise proved. Therefore evidence would be required to show that the animal was taken from the wild or captive bred outside the EU or a captive bred Annex IV species in the EU and therefore a licence to possess the animal would not be required under the habitats regulations.”_

Clearly no person currently keeping these species (lawfully) is going to risk applying for a license when they have no certainty of acquisition due to being unable, for quite legitimate reasons, to prove legal acquisition of the specimens. Anyone applying would, therefore, become a ‘known wildlife criminal’ to the authorities and be exposed to the consequences!

*The option likely to be palatable to most keepers is the release of these animals into the wild and whilst this cannot be condoned, it is fully understandable as government is placing keepers in an untenable position.*

Disregarding the potential welfare issues for the animals concerned, the consequences for the current ‘Non-native Species Strategy’ is dire. As a member of the DEFRA Working Group on the Non-native Species Strategy (companion animals) I find the rushed implementation of the European Protected Species regulations inappropriate and ill-conceived. The mass release of non-native species into the ecosystem is an inevitable consequence.


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## ratboy (Jan 10, 2007)

Excellent job Chris. As a keeper of one of the species listed above, it's a very worrying development.


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## Graham (Jan 27, 2007)

I came across this legislation when trying to obtain some UK CB European Pond Turtles a while back. As I understand it the breeder is currently unable to prove that any of his animals, breeding adults or hatchlings, are CBs and is therefore unable to sell them legally, or indeed to keep them himself if he doesn't obtain a license soon!


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## Chris Newman (Apr 23, 2007)

At the moment he is perfectly entitled to sell/exchange any that he breeds. This will ONLY change is the Habitats Directive is implemented, if it is this will not be before October this year.


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## Graham (Jan 27, 2007)

That probably explains why Leaping Lizards had a pair of UK CB European Pond Turtles for sale last week, having told me a couple of months back that they couldn't sell them because of the new legislation!


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