Berne Convention On The Protection Of Wildlife
LexInter | December 26, 2007 | 0 Comments

Berne Convention On The Protection Of Wildlife

The member States of the Council of Europe and the other signatories to this Convention,

Considering that the aim of the Council of Europe is to achieve greater unity between its members;

Considering the will of the Council of Europe to co-operate with other states in the field of nature conservation;

Recognizing that wild flora and fauna constitute a natural heritage of aesthetic, scientific, cultural, recreational, economic and intrinsic value, which must be preserved and passed on to future generations;

Recognizing the essential role of wild flora and fauna in maintaining biological balances;

Noting the scarcity of many species of wild flora and fauna and the threat of extinction which hangs over some of them;

Conscious of the fact that the conservation of natural habitats is one of the essential elements for the protection and preservation of wild flora and fauna;

Recognizing that the conservation of wild flora and fauna should be taken into account by governments in their national objectives and programs, and that international cooperation should be established to preserve in particular migratory species;

Aware of the many requests for joint action from governments or international bodies, in particular those expressed by the United Nations Conference on the Environment of 1972 and the Consultative Assembly of the Council of Europe;

Desiring in particular to follow, in the field of wildlife conservation, the recommendations of Resolution No. 2 of the Second European Ministerial Conference on the Environment,

Have agreed as follows:

Chapter I – General provisions

Article 1

  1. The object of this Convention is to ensure the conservation of wild flora and fauna and their natural habitats, in particular species and habitats the conservation of which requires the cooperation of several States, and to promote such cooperation.
  2. Special attention is given to species, including migratory, endangered and vulnerable species.

Article 2

The Contracting Parties shall take the necessary measures to maintain or adapt the population of wild flora and fauna to a level which corresponds in particular to ecological, scientific and cultural requirements, while taking into account the economic and recreational requirements and the needs of sub- locally threatened species, varieties or forms.

Article 3

  1. Each Contracting Party shall take the necessary measures to implement national policies for the conservation of wild flora and fauna and natural habitats, paying particular attention to endangered and vulnerable species, especially endemic species, and threatened habitats, in accordance with the provisions of this Convention.
  2. Each Contracting Party undertakes, in its planning and development policy and in its measures to combat pollution, to take into consideration the conservation of wild flora and fauna.
  3. Each Contracting Party shall encourage education and the dissemination of general information concerning the need to conserve species of wild flora and fauna and their habitats.

Chapter II – Habitat protection

Article 4

  1. Each Contracting Party shall take the appropriate and necessary legislative and regulatory measures to protect the habitats of wild species of flora and fauna, in particular those listed in Appendices I and II, and to safeguard natural habitats threatened with extinction.
  2. The Contracting Parties shall take into account, in their planning and development policies, the conservation needs of the protected areas referred to in the preceding paragraph, in order to avoid or reduce as far as possible any deterioration of such areas.
  3. The Contracting Parties undertake to pay particular attention to the protection of areas which are important for the migratory species listed in Appendices II and III and which are adequately located in relation to the migration routes, as wintering areas. , herding, feeding, breeding or moulting.
  4. The Contracting Parties undertake to coordinate as far as necessary their efforts to protect the natural habitats referred to in this article when they are located in regions which extend on either side of frontiers.

Chapter III – Conservation of species

Article 5

Each Contracting Party shall take the appropriate and necessary legislative and regulatory measures to ensure the specific conservation of the species of wild flora listed in Annex I. The intentional picking, collecting, cutting or uprooting of the plants concerned will be prohibited. Each Contracting Party prohibits, as far as necessary, the possession or marketing of these species.

Article 6

Each Contracting Party shall take the appropriate and necessary legislative and regulatory measures to ensure the specific conservation of the species of wild fauna listed in Annex II. In particular, for these species, the following will be prohibited:

  1. all forms of intentional capture, detention and intentional killing;
  2. the intentional deterioration or destruction of breeding sites or resting places;
  3. intentional disturbance of wildlife, in particular during the period of breeding, rearing and hibernation, provided that the disturbance has a significant effect having regard to the objectives of this Convention;
  4. the intentional destruction or collection of eggs from the wild or their possession, even empty;
  5. the keeping and internal trade in these animals, live or dead, including stuffed animals, and any easily identifiable part or product obtained from the animal, when this measure contributes to the effectiveness of the provisions of this article.

Article 7

  1. Each Contracting Party shall take the appropriate and necessary legislative and regulatory measures to protect the species of wild fauna listed in Annex III.
  2. Any exploitation of the wild fauna listed in Annex III is regulated in such a way as to keep the existence of these populations out of danger, taking into account the provisions of Article 2.
  3. These measures include in particular:
    1. the establishment of closed periods and / or other regulatory operating measures;
    2. temporary or local prohibition of exploitation, if necessary, in order to allow existing populations to return to a satisfactory level;
    3. regulating, if applicable, the sale, keeping, transport or offering for sale of wild animals, live or dead.

Article 8

With regard to the capture or killing of species of wild fauna listed in Annex III, and in cases where derogations in accordance with Article 9 are made with regard to the species listed in the Annex II, the Contracting Parties shall prohibit the use of all non-selective means of capture and killing and of means likely to cause locally the disappearance, or to seriously disturb the peace of the populations of a species, in particular the means listed in Annex IV.

Article 9

  1. Provided that there is no other satisfactory solution and that the derogation does not adversely affect the survival of the population concerned, each Contracting Party may derogate from the provisions of Articles 4, 5, 6, 7 and from the prohibition of the use of the means referred to in article 8:
    • in the interest of the protection of flora and fauna;
    • to prevent significant damage to crops, livestock, forests, fisheries, waters and other forms of property;
    • in the interest of public health and safety, aviation safety, or other overriding public interests;
    • for research and education, restocking, reintroduction and breeding;
    • to permit, under strictly controlled conditions, on a selective basis and to a limited extent, the taking, keeping or other judicious exploitation of certain wild animals and plants in small quantities.
  2. The Contracting Parties shall submit to the Standing Committee a biennial report on the exemptions made under the preceding paragraph. These reports must mention:
    • the populations which are or have been the subject of the exemptions and, if possible, the number of specimens involved;
    • the means of killing or capture authorized;
    • the risk conditions, the circumstances of time and place in which these derogations occurred;
    • the authority empowered to declare that these conditions have been fulfilled, and empowered to take decisions relating to the means that can be implemented, their limits, and the persons responsible for execution;
    • the controls carried out.

Chapter IV – Special provisions concerning migratory species

Article 10

  1. In addition to the measures indicated in Articles 4, 6, 7 and 8, the Contracting Parties undertake to coordinate their efforts for the conservation of the migratory species listed in Appendices II and III and whose range extends over their territories.
  2. Contracting Parties shall take measures to ensure that the closed periods and / or other regulatory exploitation measures instituted under paragraph 3.a of Article 7 correspond to the needs of the migratory species listed in Annex III.

Chapter V – Additional provisions

Article 11

  1. In carrying out the provisions of this Convention, the Contracting Parties undertake to:
    1. cooperate whenever it is necessary to do so, in particular when such cooperation could enhance the effectiveness of the measures taken in accordance with the other articles of this Convention;
    2. encourage and coordinate research related to the purposes of this Convention.
  2. Each Contracting Party undertakes:
    1. to encourage the reintroduction of native species of wild flora and fauna when this measure would contribute to the conservation of a species threatened with extinction, provided that a study is carried out beforehand and in the light of the experiences of other Contracting Parties with a view to investigating whether such a reintroduction would be effective and acceptable;
    2. to strictly control the introduction of non-native species.
  3. Each Contracting Party shall inform the Standing Committee of the species enjoying full protection in its territory and which are not listed in Appendices I and II.

Article 12

The Contracting Parties may adopt more stringent measures for the conservation of wild flora and fauna and their natural habitats than those provided for in this Convention.

Chapter VI – Standing Committee

Article 13

  1. A Standing Committee is hereby established for the purposes of this Convention.
  2. Any Contracting Party may be represented on the Standing Committee by one or more delegates. Each delegation has one vote. In the fields falling within its competence, the European Economic Community exercises its right to vote with a number of votes equal to the number of its member States which are Contracting Parties to this Convention; the European Economic Community does not exercise its right to vote in cases where the Member States concerned exercise theirs and vice versa.
  3. Any member state of the Council of Europe which is not a Contracting Party to the Convention may be represented on the committee by an observer.
    The Standing Committee may, unanimously, invite any non-member State of the Council of Europe which is not a Contracting Party to the Convention to be represented by an observer at one of its meetings.
    Any body or institution technically qualified in the field of the protection, conservation or management of wild flora and fauna and their habitats, and belonging to one of the following categories:

    1. international bodies or institutions, whether governmental or non-governmental, or national governmental bodies or institutions;
    2. national non-governmental bodies or institutions which have been approved for this purpose by the State in which they are established,

    may inform the Secretary General of the Council of Europe, at least three months before the meeting of the committee, of their intention to be represented at that meeting by observers. They are admitted unless, at least one month before the meeting, one third of the Contracting Parties have informed the Secretary General that they are opposed to them.

  4. The Standing Committee is convened by the Secretary General of the Council of Europe. It shall hold its first meeting within one year from the date of entry into force of the Convention. It shall meet thereafter at least every two years and, in addition, when the majority of the Contracting Parties so request.
  5. A majority of the Contracting Parties constitutes the necessary quorum to hold a meeting of the Standing Committee.
  6. Subject to the provisions of this Convention, the Standing Committee shall establish its rules of procedure.

Article 14

  1. The Standing Committee is responsible for monitoring the application of this Convention. In particular, he can:
    • continuously review the provisions of this Convention, including its annexes, and consider any modifications that may be necessary;
    • make recommendations to the Contracting Parties on the measures to be taken for the implementation of this Convention;
    • recommend appropriate measures to ensure that the public is informed of the work undertaken within the framework of this Convention;
    • make recommendations to the Committee of Ministers on inviting States not members of the Council of Europe to accede to this Convention;
    • make any proposal aimed at improving the effectiveness of this Convention and relating in particular to the conclusion, with States which are not Contracting Parties to the Convention, of agreements likely to make the conservation of species or groups of species more effective. ‘cash.
  2. For the accomplishment of its mission, the Standing Committee may, on its own initiative, arrange for meetings of groups of experts.

Article 15

After each of its meetings, the Standing Committee transmits to the Committee of Ministers of the Council of Europe a report on its work and on the operation of the Convention.

Chapter VII – Amendments

Article 16

  1. Any amendment to the articles of this Convention, proposed by a Contracting Party or by the Committee of Ministers, shall be communicated to the Secretary General of the Council of Europe and transmitted by him at least two months before the meeting of the Standing Committee to the member States. of the Council of Europe, to any signatory, to any Contracting Party, to any State invited to sign this Convention in accordance with the provisions of Article 19 and to any State invited to accede to it, in accordance with the provisions of Article 20 .
  2. Any amendment proposed in accordance with the provisions of the preceding paragraph is examined by the Standing Committee which:
    1. for amendments to Articles 1 to 12, submits the adopted text by a three-quarters majority of the votes cast for acceptance by the Contracting Parties;
    2. for amendments to Articles 13 to 24, submits the adopted text by a majority of three quarters of the votes cast to the Committee of Ministers for approval. This text is communicated after its approval to the Contracting Parties with a view to its acceptance.
  3. Any amendment shall enter into force on the thirtieth day after all the Contracting Parties have informed the Secretary General that they have accepted it.
  4. The provisions of paragraphs 1, 2.a and 3 of this article shall apply to the adoption of new annexes to this Convention.

Article 17

  1. Any amendment to the appendices to this Convention, proposed by a Contracting Party or by the Committee of Ministers, shall be communicated to the Secretary General of the Council of Europe and transmitted by him at least two months before the meeting of the Standing Committee to the member States. of the Council of Europe, to any signatory, to any Contracting Party, to any State invited to sign this Convention in accordance with the provisions of Article 19 and to any State invited to accede to it, in accordance with the provisions of Article 20 .
  2. Any amendment proposed in accordance with the provisions of the preceding paragraph is examined by the Standing Committee which may adopt it by a two-thirds majority of the Contracting Parties. The adopted text is communicated to the Contracting Parties.
  3. At the expiration of a period of three months after its adoption by the Standing Committee, and unless one third of the Contracting Parties have notified objections, any amendment shall enter into force with regard to the Contracting Parties which have not notified objections.

Chapter VIII – Settlement of disputes

Article 18

  1. The Standing Committee shall facilitate as much as necessary the amicable settlement of any difficulty to which the execution of the Convention would give rise.
  2. Any dispute between Contracting Parties concerning the interpretation or application of this Convention which has not been settled on the basis of the provisions of the preceding paragraph or by negotiation between the parties to the dispute and unless these parties agree otherwise is, at the request of one of them, submitted to arbitration. Each of the parties appoints an arbitrator and the two arbitrators appoint a third arbitrator. If, subject to the provisions of paragraph 3 of this article, within three months of the request for arbitration, one of the parties has not appointed its arbitrator, the President of the European Court of Human Rights Man proceeds, at the request of the other party, upon designation within a further three months. The same procedure applies in the event that the two arbitrators cannot agree on the choice of the third arbitrator within three months of the appointment of the first two arbitrators.
  3. In the event of a dispute between two Contracting Parties, one of which is a Member State of the European Economic Community, itself a Contracting Party, the other Contracting Party shall address the request for arbitration both to that Member State and to the Community , which shall notify it jointly, within two months after receipt of the request, whether the Member State or the Community, or the Member State and the Community jointly, are party to the dispute. In the absence of such notification within the said period, the Member State and the Community are deemed to be one and the same party to the dispute for the application of the provisions governing the constitution and procedure of the arbitral tribunal. It is the same when the
  4. The arbitral tribunal establishes its own rules of procedure. Decisions are taken by majority. His sentence is final and binding.
  5. Each party to the dispute shall bear the costs of the arbitrator it has appointed and the parties shall bear, in equal parts, the costs of the third arbitrator, as well as other expenses incurred in the arbitration.

Chapter IX – Final provisions

Article 19

  1. This Convention is open for signature by member States of the Council of Europe and by non-member States which have participated in its elaboration, as well as by the European Economic Community.
    Until the date of its entry into force, it is also open for signature by any other state invited to sign it by the Committee of Ministers.
    The Convention will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
  2. The Convention will enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to be bound. by the Convention in accordance with the provisions of the preceding paragraph.
  3. It will enter into force with respect to any signatory State or to the European Economic Community, which will subsequently express their consent to be bound by it, on the first day of the month following the expiration of a period of three months after the date deposit of the instrument of ratification, acceptance or approval.

Article 20

  1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Contracting Parties, invite to accede to the Convention any State not a member of the Council which, invited to sign it in accordance with the provisions of Article 19, has not yet done so, and any other non-member state.
  2. For any acceding State, the Convention will enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 21

  1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
  2. Any Contracting Party may, at the time of deposit of its instrument of ratification, acceptance, approval or accession, or at any time thereafter, extend the application of this Convention, by declaration addressed to the Secretary General of the Council of Europe, to any other territory designated in the declaration and for which it ensures international relations or for which it is empowered to stipulate.
  3. Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory specified in such declaration, by notification addressed to the Secretary General. The withdrawal will take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Article 22

  1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more reservations with regard to certain species listed in Appendices I to III and / or, for some of these species which will be indicated in the reserve (s), with regard to certain means or methods of hunting and other forms of exploitation mentioned in Annex IV. General reservations are not allowed.
  2. Any Contracting Party which extends the application of this Convention to a territory specified in the declaration provided for in paragraph 2 of Article 21 may, for the territory concerned, formulate one or more reservations in accordance with the provisions of the preceding paragraph.
  3. No other reservation is allowed.
  4. Any Contracting Party which has made a reservation under paragraphs 1 and 2 of this article may withdraw it in whole or in part by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawal will take effect on the date of receipt of the notification by the Secretary General.

Article 23

  1. Any Contracting Party may denounce this Convention at any time by means of a notification addressed to the Secretary General of the Council of Europe.
  2. The denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Article 24

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any signatory State, the European Economic Community signatory to this Convention, and any Contracting Party:

  1. any signature;
  2. the deposit of any instrument of ratification, acceptance, approval, or accession;
  3. any date of entry into force of this Convention in accordance with Articles 19 and 20;
  4. any information communicated under the provisions of paragraph 3 of Article 13;
  5. any report drawn up in application of the provisions of Article 15;
  6. any amendment or new annex adopted in accordance with Articles 16 and 17 and the date on which such amendment or new annex enters into force;
  7. any declaration made under the provisions of paragraphs 2 and 3 of Article 21;
  8. any reservation made under the provisions of paragraphs 1 and 2 of Article 22;
  9. the withdrawal of any reservation made in pursuance of the provisions of paragraph 4 of Article 22;
  10. any notification made under the provisions of Article 23 and the date on which denunciation takes effect.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

Done at Berne, this 19 September 1979, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall communicate a certified copy thereof to each of the member States of the Council of Europe, to any signatory State and to the European Economic Community and to any State invited to sign this Convention or to adhere to it.

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