Federal Nature Conservation and Species Protection Legislation in Germany

1.   Abstract

Remark: The article below is specific for the legal situation in Germany. The laws cited have been loosely translated into English. However, it should be noted, that the original German legislative text is legally binding (please see the German version of this page).

In Germany, nature conservation and species protection are defined legally binding in the Federal Nature Conservation Act (BNatSchG) and in the Federal Regulation for the Protection of Species (BArtSchV). According to this legislation, it is forbidden to collect protected species as well as to collect any species within nature protection areas without official exemption certificate. Within the order of beetles (Coleoptera) species of the following genuses/families are protected by Federal Law (among others): Jewel beetles (Buprestidae), longhorn beetles (Cerambycidae), blister beetles (genus Meloe), stag beetles (Lucanidae), as well as ground beetles of the genus Carabus. Additionally, further species are protected or even strictly protected, e. g. Cerambyx cerdo, Cucujus cinnaberinus, Dytiscus latissimus, Osmoderma eremita, Rosalia alpina and others.

2.   Introduction

In the early 1970s, environmental awareness started to develop in Germany. A wide social stratum began to perceive nature and environment as valuable entity that warrants protection. Consequently, the legislator defined the targets of environmental protection in the Federal Nature Conservation Act in 1977. These targets are legally binding in Germany as a general principle (§ 1 Abs. 1 of the new BNatSchG) as of March 1st, 2010.

In 1986 the Federal Regulation for the Protection of Species (BArtSchV) was passed as a national decree for the protection of species of wild fauna and flora. Its Annex 1 summarizes the protected species, among them quite a few representatives of the order Coleoptera (beetles). Another relevant legislation is the so called FFH-Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora), which also became legally binding in Germany with the amendment of the Federal Nature Conservation Act in 1998. Thus the coleopterist is faced with an increasing number of legal regulations when executing her/his activities. Especially among hobbyists little or nothing is known of nature conservation and species protection legislation. On this page the relevant legislation shall be introduced briefly, particularly in view of regulations relevant for the coleopterist.

3.   Federal Nature Conservation Act (BNatSchG)

The Federal Nature Conservation Act initially came into force on January 1st, 1977. The BNatSchG defines the objectives and the fundamentals of environmental protection and landscape conservation.

The Federal Nature Conservation Act is divided into 11 sections with a total of 74 §§. The sections specify or regulate (1) General Regulations, (2) Landscape Planning, (3) General Conservation of Nature and the Landscape, (4) Protection of Nature and the Landscape, (5) Protection and Care of Species of Wild Fauna and Flora and their habitats, (6) Protection of the marine environment, (7) Recreation in nature and landscape, (8) Cooperation of Associations, (9) Exemptions, (10) Fines and Penal Provisions and (11) Transitional Provisions.

In practice, especially when collecting specimen for scientific purposes, the coleopterist will be faced with three main questions, namely

(a)  In which areas specimen may be collected?
(b)  Which wild beetle species may be collected?
(c)  Which exemptions does the legislator provide?


(a) In which areas specimen may be collected?

In section 4 (§§ 20-36), the Federal Nature Conservation Act specifies the protection of nature and the landscape. § 20 Abs. 2 BNatSchG defines protection categories and purpose of protection legally binding.

Thus, conservation of nature prevails over any other interest in a nature reserve. Therefore in a nature reserve it is forbidden among other things to catch animals or to collect any of their development forms. Similar restrictive provisions may possibly apply in the specific regulations for other conservation categories, e. g. in natural monuments (§ 28), biosphere reserves (§ 25), national parks (§ 24) or natural parks (§ 27). If a coleopterist plans to collect specimen in any of these conservation areas, it is advisable to contact the local nature conservation authority well in advance, as collecting of any beetle specimen in such areas is punishable by a severe fine.

Today, most of the State Environmental Agencies offer web-based tools like map servers, that offer a convenient overview of existing conservation areas. Web links to the map servers of the German State Environmental Agencies are provided in the chapter Literature.


(b) Which wild beetle species may be collected?

Numerous beetle species are protected or even strictly protected and may not be collected at all. According to § 44 Abs. 1 No. 1 BNatSchG it is forbidden "to pester, catch, harm or kill wild living animals of the protected species or to take, damage or destroy their development forms":

The legislator distinguishes between protected and strictly protected species. The assignment in the respective category is regulated in § 7 Sect. 2.

Thus, a beetle species can be protected, if it is marked in Annex 1 column 2 of the Federal Regulation for the Protection of Species with a cross (+). Additionally, it can be strictly protected, if it is marked in Annex 1 column 3 of the Federal Regulation for the Protection of Species with a cross (+) or if it is listed in Annex IV of the FFH-Directive (Council Directive 92/43/EEC) (see chapter below on this page). Among the protected species there are virtually all native species of the genus Protaetia, Carabus and Cicindela, to name but a few. Strictly protected species warrant an even greater level of protection, e. g. with regard to disturbance (§ 44). If strictly protected species are affected in criminal offences, this leads to a more severe sentencing (§ 71 Abs. 2 und 4). Information on the protection status of animal species can be found on the internet, e. g. in the species protection database WISIA run by the Federal Office for Nature Conservation (see Literature).


(c) Which exemptions does the legislator provide?

If it is intended to collect protected species, an official exemption certificate issued by the nature conservation authority is required (according to § 45 Sect. 8 or § 67 BNatSchG). Collecting protected species without being in possession of an exemption certificate is punishable by a severe fine.

An official exemption certificate can be directly applied for in writing, together with a statement of reasons to the Nature Protection Authority. To attain an exemption certificate can pose a substantial hurdle, especially for beginners in colepterology. Often it is the easiest way to join an established local entomological association.

4.   Federal Regulation for the Protection of Species (BArtSchV)

Federal Regulation for the Protection of Species (BArtSchV) was passed in 1986 on the basis of the Federal Nature Conservation Act as a Federal regulation for the protection of wild living species of flora and fauna. By the Federal Regulation for the Protection of Species the Council Regulation (EC) No. 338/97 bas been transposed into national law and has even been exacerbated to some extent. The Council Regulation (EC) No. 338/97 in turn implements the Washington Convention (Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES). The Federal Regulation for the Protection of Species is divided into 6 sections with a total of 17 §§, namely (1) Protection, Exceptions, Prohibitions, (2) Parts and Products, Recording Obligations, (3) Keeping and Breeding, Notification Obligations, (4) Labeling, (5) Administrative Offences, (6) State Proviso, Annexes 1-7. In particular, §§ 1 and 4 regulate in conjunction with Annex 1, which wild living species of flora and fauna are legally protected and which acts, procedures and equipment are prohibited:

Annex 1 contains a list of the protected and strictly protected species of flora and fauna in tabular form. On this page, only the beetle species (Coleoptera) explicitly cited in Annex  1 shall be listed:

5.   FFH-Directive 92/43/EEC

The FFH-Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora) provides the legal basis for nature protection together with Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds within the EU. The wild living species of flora and fauna in the EU are to be protected and preserved. It rests on two pillars: For certain species and biotopes, special protected areas (SPA) are being established (biotope protection). Together with areas protected by the bird protection directive, the special protected areas form the network Natura 2000. Certain wild living species of flora and fauna are protected throughout all areas (species protection).

Biotope protection
The Annexes I and II of the FFH-Directive contain the biotopes and species of community interest. To secure their conservation, "sites of community interest" (SCI) shall be established. Out of 231 biotope types and approx. 900 species, in Germany 91 biotope types and 133 species of flora and fauna occur, thereof 12 beetle species, among others Bolbelasmus unicornis, Cerambyx cerdo, Cucujus cinnaberinus, Dytiscus latissimus, Graphoderus bilineatus, Limoniscus violaceus, Lucanus cervus, Osmoderma eremita, Phryganophilus ruficollis (old records), Rhysodes sulcatus (old records), Rosalia alpina and Stephanopachys substriatus. For these species, Germany has a particular responsibility and has established Natura 2000 areas for their conservation.

Species protection
Those species, which con not be efficiently preserved by establishing protection areas (e. g. species living in building like bats), are listed in Annex IV of the FFF-Directive. According to Article 12 FFH-Directive for these species protection provisions shall apply regardless whether they are inside or outside of protection areas.

In Annex  IV the following beetle species occurring in Germany are listed: Bolbelasmus unicornis, Cerambyx cerdo, Cucujus cinnaberinus, Dytiscus latissimus, Graphoderus bilineatus, Osmoderma eremita, Phryganophilus ruficollis, Rosalia alpina.

6.   Further literature

1. Text of the Federal Nature Conservation Act (BNatSchG) in German
2. Text of the Federal Regulation for the Protection of Species (BArtSchV) in German
3. Text of the Council Directive 92/43/EEC (English, pdf)
4. Map servers of the State Environmental Agencies on the internet (pages are in German):
   Bavaria, Baden-Wurttemberg, Rhineland-Palatinate, Saarland (list only), Hesse, North Rhine-Westphalia, Lower Saxony, Schleswig-Holstein, Mecklenburg-Western Pomerania, Brandenburg, Saxony-Anhalt, Saxony
5. Federal Agency for Nature Conservation - WISIA (Scientific Information System for the International Protection of Species)