CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS

Transcription

1 Europen Trety Series - No. 104 CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS Bern, 19.IX.1979

2 2 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 Premle The memer Sttes of the Council of Europe nd the other signtories hereto, Considering tht the im of the Council of Europe is to chieve greter unity etween its memers; Considering the wish of the Council of Europe to co-operte with other Sttes in the field of nture conservtion; Recognising tht wild flor nd fun constitute nturl heritge of esthetic, scientific, culturl, recretionl, economic nd intrinsic vlue tht needs to e preserved nd hnded on to future genertions; Recognising the essentil role plyed y wild flor nd fun in mintining iologicl lnces; Noting tht numerous species of wild flor nd fun re eing seriously depleted nd tht some of them re thretened with extinction; Awre tht the conservtion of nturl hitts is vitl component of the protection nd conservtion of wild flor nd fun; Recognising tht the conservtion of wild flor nd fun should e tken into considertion y the governments in their ntionl gols nd progrmmes, nd tht interntionl co-opertion should e estlished to protect migrtory species in prticulr; Bering in mind the widespred requests for common ction mde y governments or y interntionl odies, in prticulr the requests expressed y the United Ntions Conference on the Humn Environment 1972 nd the Consulttive Assemly of the Council of Europe; Desiring prticulrly to follow, in the field of wildlife conservtion, the recommendtions of Resolution No. 2 of the Second Europen Ministeril Conference on the Environment, Hve greed s follows: Chpter I Generl provisions Article 1 1 The ims of this Convention re to conserve wild flor nd fun nd their nturl hitts, especilly those species nd hitts whose conservtion requires the co-opertion of severl Sttes, nd to promote such co-opertion.

3 3 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX Prticulr emphsis is given to endngered nd vulnerle species, including endngered nd vulnerle migrtory species. Article 2 The Contrcting Prties shll tke requisite mesures to mintin the popultion of wild flor nd fun t, or dpt it to, level which corresponds in prticulr to ecologicl, scientific nd culturl requirements, while tking ccount of economic nd recretionl requirements nd the needs of su-species, vrieties or forms t risk loclly. Article 3 1 Ech Contrcting Prty shll tke steps to promote ntionl policies for the conservtion of wild flor, wild fun nd nturl hitts, with prticulr ttention to endngered nd vulnerle species, especilly endemic ones, nd endngered hitts, in ccordnce with the provisions of this Convention. 2 Ech Contrcting Prty undertkes, in its plnning nd development policies nd in its mesures ginst pollution, to hve regrd to the conservtion of wild flor nd fun. 3 Ech Contrcting Prty shll promote eduction nd disseminte generl informtion on the need to conserve species of wild flor nd fun nd their hitts. Chpter II Protection of hitts Article 4 1 Ech Contrcting Prty shll tke pproprite nd necessry legisltive nd dministrtive mesures to ensure the conservtion of the hitts of the wild flor nd fun species, especilly those specified in Appendices I nd II, nd the conservtion of endngered nturl hitts. 2 The Contrcting Prties in their plnning nd development policies shll hve regrd to the conservtion requirements of the res protected under the preceding prgrph, so s to void or minimise s fr s possile ny deteriortion of such res. 3 The Contrcting Prties undertke to give specil ttention to the protection of res tht re of importnce for the migrtory species specified in Appendices II nd III nd which re ppropritely situted in reltion to migrtion routes, s wintering, stging, feeding, reeding or moulting res. 4 The Contrcting Prties undertke to co-ordinte s pproprite their efforts for the protection of the nturl hitts referred to in this rticle when these re situted in frontier res.

4 4 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 Chpter III Protection of species Article 5 Ech Contrcting Prty shll tke pproprite nd necessry legisltive nd dministrtive mesures to ensure the specil protection of the wild flor species specified in Appendix I. Delierte picking, collecting, cutting or uprooting of such plnts shll e prohiited. Ech Contrcting Prty shll, s pproprite, prohiit the possession or sle of these species. Article 6 Ech Contrcting Prty shll tke pproprite nd necessry legisltive nd dministrtive mesures to ensure the specil protection of the wild fun species specified in Appendix II. The following will in prticulr e prohiited for these species: c d e ll forms of delierte cpture nd keeping nd delierte killing; the delierte dmge to or destruction of reeding or resting sites; the delierte disturnce of wild fun, prticulrly during the period of reeding, rering nd hierntion, insofr s disturnce would e significnt in reltion to the ojectives of this Convention; the delierte destruction or tking of eggs from the wild or keeping these eggs even if empty; the possession of nd internl trde in these nimls, live or ded, including stuffed nimls nd ny redily recognisle prt or derivtive thereof, where this would contriute to the effectiveness of the provisions of this rticle. Article 7 1 Ech Contrcting Prty shll tke pproprite nd necessry legisltive nd dministrtive mesures to ensure the protection of the wild fun species specified in Appendix III. 2 Any exploittion of wild fun specified in Appendix III shll e regulted in order to keep the popultions out of dnger, tking into ccount the requirements of Article 2. 3 Mesures to e tken shll include: c closed sesons nd/or other procedures regulting the exploittion; the temporry or locl prohiition of exploittion, s pproprite, in order to restore stisfctory popultion levels; the regultion s pproprite of sle, keeping for sle, trnsport for sle or offering for sle of live nd ded wild nimls.

5 5 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 Article 8 In respect of the cpture or killing of wild fun species specified in Appendix III nd in cses where, in ccordnce with Article 9, exceptions re pplied to species specified in Appendix II, Contrcting Prties shll prohiit the use of ll indiscriminte mens of cpture nd killing nd the use of ll mens cple of cusing locl disppernce of, or serious disturnce to, popultions of species, nd in prticulr, the mens specified in Appendix IV. Article 9 1 Ech Contrcting Prty my mke exceptions from the provisions of Articles 4, 5, 6, 7 nd from the prohiition of the use of the mens mentioned in Article 8 provided tht there is no other stisfctory solution nd tht the exception will not e detrimentl to the survivl of the popultion concerned: for the protection of flor nd fun; to prevent serious dmge to crops, livestock, forests, fisheries, wter nd other forms of property; in the interests of pulic helth nd sfety, ir sfety or other overriding pulic interests; for the purposes of reserch nd eduction, of repopultion, of reintroduction nd for the necessry reeding; to permit, under strictly supervised conditions, on selective sis nd to limited extent, the tking, keeping or other judicious exploittion of certin wild nimls nd plnts in smll numers. 2 The Contrcting Prties shll report every two yers to the Stnding Committee on the exceptions mde under the preceding prgrph. These reports must specify: the popultions which re or hve een suject to the exceptions nd, when prcticl, the numer of specimens involved; the mens uthorised for the killing or cpture; the conditions of risk nd the circumstnces of time nd plce under which such exceptions were grnted; the uthority empowered to declre tht these conditions hve een fulfilled, nd to tke decisions in respect of the mens tht my e used, their limits nd the persons instructed to crry them out; the controls involved.

6 6 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 Chpter IV Specil provisions for migrtory species Article 10 1 The Contrcting Prties undertke, in ddition to the mesures specified in Articles 4, 6, 7 nd 8, to co-ordinte their efforts for the protection of the migrtory species specified in Appendices II nd III whose rnge extends into their territories. 2 The Contrcting Prties shll tke mesures to seek to ensure tht the closed sesons nd/or other procedures regulting the exploittion estlished under prgrph 3. of Article 7 re dequte nd ppropritely disposed to meet the requirements of the migrtory species specified in Appendix III. Chpter V Supplementry provisions Article 11 1 In crrying out the provisions of this Convention, the Contrcting Prties undertke: to co-operte whenever pproprite nd in prticulr where this would enhnce the effectiveness of mesures tken under other rticles of this Convention; to encourge nd co-ordinte reserch relted to the purposes of this Convention. 2 Ech Contrcting Prty undertkes: to encourge the reintroduction of ntive species of wild flor nd fun when this would contriute to the conservtion of n endngered species, provided tht study is first mde in the light of the experiences of other Contrcting Prties to estlish tht such reintroduction would e effective nd cceptle; to strictly control the introduction of non-ntive species. 3 Ech Contrcting Prty shll inform the Stnding Committee of the species receiving complete protection on its territory nd not included in Appendices I nd II. Article 12 The Contrcting Prties my dopt stricter mesures for the conservtion of wild flor nd fun nd their nturl hitts thn those provided under this Convention. Chpter VI Stnding Committee Article 13 1 For the purposes of this Convention, Stnding Committee shll e set up.

7 7 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX Any Contrcting Prty my e represented on the Stnding Committee y one or more delegtes. Ech delegtion shll hve one vote. Within the res of its competence, the Europen Economic Community shll exercise its right to vote with numer of votes equl to the numer of its memer Sttes which re Contrcting Prties to this Convention; the Europen Economic Community shll not exercise its right to vote in cses where the memer Sttes concerned exercise theirs, nd conversely. 3 Any memer Stte of the Council of Europe which is not Contrcting Prty to the Convention my e represented on the committee s n oserver. The Stnding Committee my, y unnimous decision, invite ny non-memer Stte of the Council of Europe which is not Contrcting Prty to the Convention to e represented y n oserver t one of its meetings. Any ody or gency techniclly qulified in the protection, conservtion or mngement of wild fun nd flor nd their hitts, nd elonging to one of the following ctegories: interntionl gencies or odies, either governmentl or non-governmentl, nd ntionl governmentl gencies or odies; ntionl non-governmentl gencies or odies which hve een pproved for this purpose y the Stte in which they re locted, my inform the Secretry Generl of the Council of Europe, t lest three months efore the meeting of the Committee, of its wish to e represented t tht meeting y oservers. They shll e dmitted unless, t lest one month efore the meeting, one-third of the Contrcting Prties hve informed the Secretry Generl of their ojection. 4 The Stnding Committee shll e convened y the Secretry Generl of the Council of Europe. Its first meeting shll e held within one yer of the dte of the entry into force of the Convention. It shll susequently meet t lest every two yers nd whenever mjority of the Contrcting Prties so request. 5 A mjority of the Contrcting Prties shll constitute quorum for holding meeting of the Stnding Committee. 6 Suject to the provisions of this Convention, the Stnding Committee shll drw up its own Rules of Procedure. Article 14 1 The Stnding Committee shll e responsile for following the ppliction of this Convention. It my in prticulr: keep under review the provisions of this Convention, including its ppendices, nd exmine ny modifictions necessry; mke recommendtions to the Contrcting Prties concerning mesures to e tken for the purposes of this Convention; recommend the pproprite mesures to keep the pulic informed out the ctivities undertken within the frmework of this Convention;

8 8 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 mke recommendtions to the Committee of Ministers concerning non-memer Sttes of the Council of Europe to e invited to ccede to this Convention; mke ny proposl for improving the effectiveness of this Convention, including proposls for the conclusion, with the Sttes which re not Contrcting Prties to the Convention, of greements tht would enhnce the effective conservtion of species or groups of species. 2 In order to dischrge its functions, the Stnding Committee my, on its own inititive, rrnge for meetings of groups of experts. Article 15 After ech meeting, the Stnding Committee shll forwrd to the Committee of Ministers of the Council of Europe report on its work nd on the functioning of the Convention. Chpter VII Amendments Article 16 1 Any mendment to the rticles of this Convention proposed y Contrcting Prty or the Committee of Ministers shll e communicted to the Secretry Generl of the Council of Europe nd forwrded y him t lest two months efore the meeting of the Stnding Committee to the memer Sttes of the Council of Europe, to ny signtory, to ny Contrcting Prty, to ny Stte invited to sign this Convention in ccordnce with the provisions of Article 19 nd to ny Stte invited to ccede to it in ccordnce with the provisions of Article Any mendment proposed in ccordnce with the provisions of the preceding prgrph shll e exmined y the Stnding Committee which: for mendments to Articles 1 to 12, shll sumit the text dopted y three-qurters mjority of the votes cst to the Contrcting Prties for cceptnce; for mendments to Articles 13 to 24, shll sumit the text dopted y three-qurters mjority of the votes cst to the Committee of Ministers for pprovl. After its pprovl, this text shll e forwrded to the Contrcting Prties for cceptnce. 3 Any mendment shll enter into force on the thirtieth dy fter ll the Contrcting Prties hve informed the Secretry Generl tht they hve ccepted it. 4 The provisions of prgrphs 1, 2. nd 3 of this rticle shll pply to the doption of new ppendices to this Convention. Article 17 1 Any mendment to the ppendices of this Convention proposed y Contrcting Prty or the Committee of Ministers shll e communicted to the Secretry Generl of the Council of Europe nd forwrded y him t lest two months efore the meeting of the Stnding Committee to the memer Sttes of the Council of Europe, to ny signtory, to ny Contrcting Prty, to ny Stte invited to sign this Convention in ccordnce with the provisions of Article 19 nd to ny Stte invited to ccede to it in ccordnce with the provisions of Article 20.

9 9 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX Any mendment proposed in ccordnce with the provisions of the preceding prgrph shll e exmined y the Stnding Committee, which my dopt it y two-thirds mjority of the Contrcting Prties. The text dopted shll e forwrded to the Contrcting Prties. 3 Three months fter its doption y the Stnding Committee nd unless one-third of the Contrcting Prties hve notified ojections, ny mendment shll enter into force for those Contrcting Prties which hve not notified ojections. Chpter VIII Settlement of disputes Article 18 1 The Stnding Committee shll use its est endevours to fcilitte friendly settlement of ny difficulty to which the execution of this Convention my give rise. 2 Any dispute etween Contrcting Prties concerning the interprettion or ppliction of this Convention which hs not een settled on the sis of the provisions of the preceding prgrph or y negotition etween the prties concerned shll, unless the sid prties gree otherwise, e sumitted, t the request of one of them, to ritrtion. Ech prty shll designte n ritrtor nd the two ritrtors shll designte third ritrtor. Suject to the provisions of prgrph 3 of this rticle, if one of the prties hs not designted its ritrtor within the three months following the request for ritrtion, he shll e designted t the request of the other prty y the President of the Europen Court of Humn Rights within further three months' period. The sme procedure shll e oserved if the ritrtors cnnot gree on the choice of the third ritrtor within the three months following the designtion of the two first ritrtors. 3 In the event of dispute etween two Contrcting Prties one of which is memer Stte of the Europen Economic Community, the ltter itself eing Contrcting Prty, the other Contrcting Prty shll ddress the request for ritrtion oth to the memer Stte nd to the Community, which jointly shll notify it, within two months of receipt of the request, whether the memer Stte or the Community, or the memer nd the Community jointly, shll e prty to the dispute. In the sence of such notifiction within the sid time limit, the memer Stte nd the Community shll e considered s eing one nd the sme prty to the dispute for the purposes of the ppliction of the provisions governing the constitution nd procedure of the ritrtion triunl. The sme shll pply when the memer Stte nd the Community jointly present themselves s prty to the dispute. 4 The ritrtion triunl shll drw up its own Rules of Procedure. Its decisions shll e tken y mjority vote. Its wrd shll e finl nd inding. 5 Ech prty to the dispute shll er the expenses of the ritrtor designted y it nd the prties shll shre eqully the expenses of the third ritrtor, s well s other costs entiled y the ritrtion. Chpter IX Finl provisions Article 19 1 This Convention shll e open for signture y the memer Sttes of the Council of Europe nd non-memer Sttes which hve prticipted in its elortion nd y the Europen Economic Community.

10 10 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 Up until the dte when the Convention enters into force, it shll lso e open for signture y ny other Stte so invited y the Committee of Ministers. The Convention is suject to rtifiction, cceptnce or pprovl. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 The Convention shll enter into force on the first dy of the month following the expiry of period of three months fter the dte on which five Sttes, including t lest four memer Sttes of the Council of Europe, hve expressed their consent to e ound y the Convention in ccordnce with the provisions of the preceding prgrph. 3 In respect of ny signtory Stte or the Europen Economic Community which susequently express their consent to e ound y it, the Convention shll enter into force on the first dy of the month following the expiry of period of three months fter the dte of the deposit of the instrument of rtifiction, cceptnce or pprovl. Article 20 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, fter consulting the Contrcting Prties, my invite to ccede to the Convention ny non-memer Stte of the Council which, invited to sign in ccordnce with the provisions of Article 19, hs not yet done so, nd ny other non-memer Stte. 2 In respect of ny cceding Stte, the Convention shll enter into force on the first dy of the month following the expiry of period of three months fter the dte of the deposit of the instrument of ccession with the Secretry Generl of the Council of Europe. Article 21 1 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, specify the territory or territories to which this Convention shll pply. 2 Any Contrcting Prty my, when depositing its instrument of rtifiction, cceptnce, pprovl or ccession or t ny lter dte, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend the ppliction of this Convention to ny other territory specified in the declrtion nd for whose interntionl reltions it is responsile or on whose ehlf it is uthorised to give undertkings. 3 Any declrtion mde under the preceding prgrph my, in respect of ny territory mentioned in such declrtion, e withdrwn y notifiction ddressed to the Secretry Generl. Such withdrwl shll ecome effective on the first dy of the month following the expiry of period of six months fter the dte of receipt of the notifiction y the Secretry Generl. Article 22 1 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, mke one or more reservtions regrding certin species specified in Appendices I to III nd/or, for certin species mentioned in the reservtion or reservtions, regrding certin mens or methods of killing, cpture nd other exploittion listed in Appendix IV. No reservtions of generl nture my e mde.

11 11 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX Any Contrcting Prty which extends the ppliction of this Convention to territory mentioned in the declrtion referred to in prgrph 2 of Article 21 my, in respect of the territory concerned, mke one or more reservtions in ccordnce with the provisions of the preceding prgrph. 3 No other reservtion my e mde. 4 Any Contrcting Prty which hs mde reservtion under prgrphs 1 nd 2 of this rticle my wholly or prtly withdrw it y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. Such withdrwl shll tke effect s from the dte of receipt of the notifiction y the Secretry Generl. Article 23 1 Any Contrcting Prty my, t ny time, denounce this Convention y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 2 Such denuncition shll ecome effective on the first dy of the month following the expiry of period of six months fter the dte of receipt of the notifiction y the Secretry Generl. Article 24 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of Europe, ny signtory Stte, the Europen Economic Community if signtory of this Convention nd ny Contrcting Prty of: ny signture; the deposit of ny instrument of rtifiction, cceptnce, pprovl or ccession; c ny dte of entry into force of this Convention in ccordnce with Articles 19 nd 20; d ny informtion forwrded under the provisions of prgrph 3 of Article 13; e ny report estlished in pursunce of the provisions of Article 15; f ny mendment or ny new ppendix dopted in ccordnce with Articles 16 nd 17 nd the dte on which the mendment or new ppendix comes into force; g ny declrtion mde under the provisions of prgrphs 2 nd 3 of Article 21; h ny reservtion mde under the provisions of prgrphs 1 nd 2 of Article 22; i the withdrwl of ny reservtion crried out under the provisions of prgrph 4 of Article 22;

12 12 ETS 104 Conservtion of wildlife nd nturl hitts, 19.IX.1979 j ny notifiction mde under the provisions of Article 23 nd the dte on which the denuncition tkes effect. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Bern, this 19th dy of Septemer 1979, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe, to ny signtory Stte, to the Europen Economic Community if signtory nd to ny Stte invited to sign this Convention or to ccede thereto.

13 ANNEXES (formt Word) - Annex I - Strictly protected flor species - Annex II - Strictly protected fun species - Annex III - Protected fun species - Annex IV - Prohiited mens nd methods of killing, cpture nd other forms of exploittion