European Protected Species and the EU habitats directive

I read through this and picked out all the caudates that are listed as schedule IV or schedule II European protected species:

http://www.naturalengland.org.uk/images/nepg1_tcm6-3760.pdf

European protected species - Schedule IV

Chioglossa lusitanica (Golden-striped Salamander)

Euproctus asper (Pyrenen Brook Salamander/Pyrenen newt)
Euproctus montanus (Corsican Brook Salamander/Corsican Mountain Newt)
Euproctus platycephalus (Sardinian Brook Salamander/Sardinian Mountain Newt)

Hydromantes (Speleomantes) (Ambrosi's Cave Salamander)
Hydromantes (Speleomantes) (Stefani's Salamander/Monte Albo Cave Salamander)
Hydromantes (Speleomantes) (Brown Cave Salamander/Sardinian or Brown Cave)
Hydromantes (Speleomantes) (Imperial Salamander/Scented Cave Salamander)
Hydromantes (Speleomantes) (Appenines Salamander/Italian Cave Salamander)
Hydromantes (Speleomantes) (Nuoro Salamander/Supramonte Cave Salamander)

Mertensiella (Lyciasalamandra) luschani (Luschan's Salamander/Lycian Salamander)

Proteus anguinus (Cave Salamander/Olm/Proteus)

Salamandra atra (Golden Salamander)
Salamandra aurorae (Golden Salamander/Golden Alpine Salamander)
Salamandra lanzai (Lanza's Alpine Salamander/Large Alpine Salamander)
Salamandrina terdigitata (Spectacled Salamander)

Triturus carnifex (Alpine Crested Newt/ Italian Warty Newt)
Triturus cristatus (Great Crested Newt/Northern Crested Newt)
Triturus italicus (Italian Newt)
Triturus karelinii (Triturus Balkan Crested Newt)
Triturus marmoratus (Marbled Newt)
Triturus montandoni (Carpathian Newt/Montandon's Newt)

European protected species - Schedule II

Triturus cristatus (Great Crested Newt)

Schedule IV species (which includes species which are commonly kept within the hobby) are legal to possess, trade and transport as long as they were taken from the wild before 1994, or before the country they were taken from entered the EU, or if they were captive bred, or were taken from a country outside of the EU. However, the burden of proof lies with the owner of the animals to prove that their animals are legal, so it's possible that you could be prosecuted for possessing carnifex or marmoratus if you can't prove their legal origins.

Schedule II species (just cristatus at the moment) require a license to possess even if they were taken from the wild before 1994 or CB or taken from outside the EU or before a country entered the EU, if I've understood this correctly. (And no, I don't know why cristatus is listed as both schedule IV and schedule II.)

Schedule 2 lists the European Protected Species that are native to the UK.

This is schedule 2 to The Conservation (Natural Habitats, &c.) Regulations 1994, which had already given protection to these native species- including prohibiting possession of any (not just post 1994 European origin) WC animal. The Wildlife & Countryside Act 1981 had also already protected all (I think) of these.

Annex IV(a) is the full list of European Protected species.

The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 added protection for all species on this list, including prohibition of possession of post 1994 European origin WC animals.

The laws themselves can be seen here:
The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007
The Conservation (Natural Habitats, &c.) Regulations 1994

We had a discussion regarding the annex IV listings a few years ago and how it may affect Triturus keepers here in the UK. I think generally it's good practice to keep records of purchases and photos of juveniles as evidence although I'm unsure how rigorously this legistlation is being enforced. UK keepers nearly always sell Triturus without paperwork or anything the buyer could use as hard evidence in a court of law. Adult Triturus occasionally appear for sale with no mention of their legality.

If I remember right Chris Michaels tried to report a shop that was selling adult wc Triturus and Natural England just weren't interested. I'm not saying the legistlation hasn't had an impact on wild collections but that there probably isn't the man-power or funding to go knocking on folks doors asking them to prove their pets origins. It would be interesting to hear from anyone who had...

Certainly there are fewer Triturus available in the pet trade these days but that doesn't stop unscrupulous hobbyists from collecting animals and trading directly with other hobbyists.