Statutory guidance

Licence for individuals to possess and transport dead specimens of annex IV species (CL06)

Updated 1 January 2024

Applies to England

Class licence CL06: to possess and transport dead specimens of animal species listed on Annex IV of the Habitats Directive for scientific or educational purposes.

Overview

This licence is primarily intended for use by individuals who wish to continue to possess dead specimens collected before 21 August 2007 for scientific or educational purposes.

It permits persons to possess and/or transport dead specimens and/or derivatives of wild animals listed on Annex IV to the Habitats Directive but only for the purposes of science or education.

The licence covers specimens which were taken from the wild prior to 21 August 2007 – where possession and transport would otherwise be an offence under regulations 43(3)(a) or (b) of the Conservation of Habitats and Species Regulations 2017 (as amended).

Museums, scientific, research and academic institutions should not use this licence, but instead use Class Licence CL01.

Registration: Anyone wishing to use this licence must first apply to Natural England.

Recording and reporting There is a data recording requirement.

Reference: WML – CL06

Legislation

Statute(s) Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’) Section(s) This licence is issued under regulations 55 and 57.

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: This licence can only be used for scientific or educational purposes.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose stated above, this licence permits Registered Persons and other persons authorised to act on their behalf to: Possess and transport dead specimens and/or derivatives of wild animals listed on Annex IV to the Habitats Directive that would otherwise be an offence under regulations 43(3)(a) or (b) of the Habitats Regulations that:

(i) are kept and transported for the purposes of science or education only, and

(ii) were taken from the wild in the United Kingdom or the European territory of a European Union Member State without breaching applicable legislation of the United Kingdom or European Union Member State in question (see Information and Advice note m), and

(iii) were taken from the wild prior to 21 August 2007.

Who can use this licence

This licence can only be used by Registered Persons* and their Accredited Agents* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*see definitions.

Definitions used in this licence

A “Registered Person” is a person who has successfully registered to use this licence in accordance with Condition 1 and Information and Advice note d - f.

An “Accredited Agent” is a person who is able to temporarily possess or transport specimens owned by the Registered Person without the personal supervision of the Registered Person in accordance with Condition 1.

“Temporarily” is not defined as a set period of time. However it is expected that temporary possession will cover the loan of specimens for education events or scientific studies. This would normally be expected to be between a few days or months, and should not normally exceed one year (12 months). If possession of the specimen(s) is required for longer than this period of time then a separate registration should be sought for the alternative keeper.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’), the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. To use this licence you must either:
   
   a. be a Registered Person (see Information and Advice notes d - f)
   
   b. be authorised as an Accredited Agent (see Definitions) by a Registered Person, in which case you are only permitted to act under the authority of this licence if you are in possession of a letter signed by the Registered Person appointing you by name as a duly Accredited Agent for the purpose of this licence. Accredited Agents shall carry a copy of said letter when acting under the licence and shall produce it to any police or Natural England officer on request.
   
   
2. The Registered Person is responsible for all activities carried out under this licence. Any person registered or authorised to act under this licence are by virtue of that grant of authority the holder of a licence for the purposes of the offence in regulation 60(1) of the Habitats Regulations.
   
   
3. A copy of this licence shall be displayed, where practicable, at all educational events. Where this is not possible, a verbal explanation of licensing requirements shall be given.
   
   Recording and reporting requirements
   
   
4. Specimens and derivatives must be catalogued and a register of specimens and derivatives must be kept and updated on an annual basis in accordance with the requirements of Annex A. This information is to be made available for inspection at any reasonable time by Natural England.
   
   

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the Habitats Regulations or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the Habitats Regulations is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence;

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996. If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

a. This licence does not allow the possession or transportation of any specimen taken from the wild since 21 August 2007. Individuals wishing to possess such specimens must apply directly to Natural England for the appropriate licence.

b. This licence does not authorise the taking, capture or killing of any wild animal.

c. The possession and/or transportation of specimens and derivatives for any other purpose than science or education, such personal interest or sale, is not covered by this licence. Registering to use this licence

d. Before relying on this licence it is necessary to submit in writing (preferably by email) the following details to Natural England Wildlife Licensing:

(i) your name

(ii) contact address, telephone number and email address (if available)

(iii) the information specified within Annex A for each specimen which to wish to keep

e. Once registered, you must inform Natural England of any permanent change of address.

f. Once registered, a person is entitled to use this licence so long as they satisfy the licence’s terms and conditions; annual re-registration is not required.

g. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing.

h. A person’s registration may be revoked by Natural England, for example, if that person breaches the conditions of this licence. In these circumstances Natural England will normally give 28 days’ notice of our intention to revoke a person’s registration.

The law

i. Natural England has issued this licence in exercise of the powers conferred under regulation 55 of the Habitats Regulations being satisfied that as regards the purpose set out at paragraph 1:

(i) there is no satisfactory alternative, and

(ii) that the action authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

j. The possession and transport of dead specimen(s) and/or derivatives of species listed on Annex IV to the Habitats Directive (92/43/EEC) are prohibited by regulations 43(3)(a) or (b) of the Habitats Regulations.

k. This prohibition extends to all species listed in Annex IV and not just those found in the UK. See a full list of Annex IV species on the European Commission website.

l. There are certain exceptions to the prohibitions in regulations 43(3):

(i) where the specimen was taken from the wild outside the European territory of a European Union Member State or was captive bred.

(ii) where the specimen was taken from the wild in the United Kingdom without contravention of the law and before 10 June 1994.

(iii) where the specimen was taken from the wild before the ‘relevant date’ in the European Union Member State in question without contravention of the law of that member State. The relevant date is 10 June 1994 or, where the Member State joined the European Union after that date, the date it joined the European Union.

(iv) where the specimen is of an exempted species, namely those listed in Schedule 3 to the Habitats Regulations and certain populations of the Wild Goat, the European Mouflon and the Houting.

m. This licence covers possession of specimens that were taken from the wild after the ‘relevant date’ (see l(ii) above) without contravention of any applicable law of the United Kingdom or the European Union Member State in which it was taken. In the UK for example, this would mean without contravention of relevant wildlife legislation such as the Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’), the Wildlife and Countryside Act 1981 (as amended), the Pests Act 1954 and the Animal Welfare Act 2006.

Information and advice for all class and general licences

General information

n. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

o. Ordinarily, licences will be reissued on 1 January each year (NB: you do not need to re-register for those with registration requirements). Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

The limits of licences

p. Licences permit action only for the purposes specified on that licence.

q. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

r. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Using and sharing your information

s. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Contact Natural England for licensing enquiries:

Telephone: 020 802 61089

Email: [email protected]

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries, use the Enquiry Service

Telephone: 0300 060 3900

Email: [email protected]

Website: https://www.gov.uk/government/organisations/natural-england

Annex A: Register of specimens

The register of Annex IV specimens must include the information stipulated in the table below and be presented as in the example below.

Scientific name	Common name	Whole specimen (Yes/No)	If No, specify the part or derivative	Number	Date came into your possession	When (date), where (location name, town, county and six figure OS grid reference or postcode), who found, and how specimen was found.
Example Nyctalus noctula	Noctule bat	Yes	-	1	01/05/2021	Found dead, outside Horizon House, Deanery Road, Bristol TQ111222 Presumed killed by car.

WML-CL06 [Version January 2024]