BENELUX Convention Concerning Hunting and the Protection of Birds (10 June 1970)

BENELUX Convention Concerning Hunting and the Protection of Birds (10 June 1970) in United States

BENELUX Convention Concerning Hunting and the Protection of Birds (10 June 1970)

BENELUX CONVENTION CONCERNING HUNTING AND THE PROTECTION OF BIRDS

Brussels, 10 June 1970

The Government of the Kingdom of Belgium, the Government of the
Grand Duchy of Luxembourg, the Government of the Kingdom of the
Netherlands.

Having regard to article 6 of the Treaty instituting the
Benelux Economic Union, signed at The Hague on 3 February 1958,

Having regard to the International Convention for the
protection of birds, signed at Paris on 18 October 1950, to which
the three Benelux countries are parties;

Being desirous of harmonizing the principles governing their
laws and regulations on the subject of hunting and the protection
of birds in the wild state, which were established in the
interests of land-holders, agriculture and the efficient
protection of nature;

Considering that such harmonization will make for greater
uniformity in the laws relating to the transport of game and birds
in the wild state and thereby facilitate the elimination of
formalities and inspection measures at the frontiers between the
benelux countries;

Having regard to the advice of the Benelux Consultative
Interparliamentary Council of 25 April 1970;
Have agreed on the following provisions:

Part I

HUNTING

Article 1

1. Each of the three Governments undertakes to classify game in
its national laws according to the following categories: large
game, small game, wild fowl and other game.

2. For the purposes of this Convention, these terms shall have the
following meaning:

a) large game: European red deer (Cervus elaphus), roe deer
(roebuck) (Capreolus capreolus), fallow deer (Dama dama) Sardinian
and Corsican mouflon (Ovis musimon) European wild boar (Sus
scrofa);

b) small game: common hare (Lepus europaeus), pheasant (Phasianus
colchicus), black grouse (Lyryrys tetrix), Hungarian (European)
partridge (Perdix perdix), European woodcock (Scolopax rusticola);

c) wild fowl, all species of goose and duck (Anatidae), Eurasian
golden plover (Pluvialis) appricarius), common snipe (Gallinago
gallinago) great snipe (Gallinago media), jacksnipe (Lymnocryptes
minimus), European coot (Fulica atra);

d) other game: wood-pigeon (Colomba palumbus), carrion-crow and
hooded crow (Corvus corone corone and Corvus corone cornix), rook
(Corvus frugilegus), jackdaw (Corvus monedula), common jay
(Garrulus glandarius), black-billed magpie (Pica pica), European
rabbit (Orvctolagus cuniculus), common red fox (Vulpes vulpes),
European wildcat (Felis catus), polecat (Putorius putorius), stoat
(Mustela erminea) common weasel (Mustela nivalis), pine marten and
beech (stone) marten (Martes martes and Martes fiona), Eurasian
badger (Meles meles), Eurasian otter (Lutra lutra) and seal (Phoca
vitulina and Halichoerus grypus).

3. The Committee of Ministers, established under article 15 of the
Treaty instituting the Benelux Economic Union, may change or
supplement any of the Categories specified in paragraph 2 by
decisions taken in conformity with article 19 (a) of the Treaty
for the Union.

4. Pending harmonization of the categories of game, each of the
Contracting Parties may add other species of animal to the
aforementioned categories.

Article 2

The three Governments shall consult each other concerning the
dates for the opening and closing of the hunting season.

Article 3

Land used for shooting must have minimum dimensions. The
dimensions shall conform to the hunting requirements of each
country, it being understood that:

a) The minimum area of a single unit may not be less than 25
hectares in the Netherlands, and north and west of the
Sambre-Meuse line in Belgium, and may not be less than 50 hectares
south of that line in Belgium and also in Luxembourg;

b) Wild fowl may be hunted over a smaller area provided that, at
the time when hunting takes place each single unit of land
includes a stretch of water of at least one hectare.

None of the three countries may, however prescribe minimum areas
smaller than those specified in the legal provisions or national
regulations at present in force.

Article 4

The three Governments shall consult each other concerning the
arms. ammunition, projectiles, tackle, apparatus, procedures and
methods permitted for hunting.

Article 5

l. Subject to national health provisions, the transport and
marketing of live or dead game shall be authorized from the day of
commencement of the hunting season for that particular game until
the tenth day after the close of the season.

2. From the eleventh day after the close of the season until
commencement of the following season, the transport and marketing
of live or dead game shall be authorized only in conformity with
the regulations of the Government in whose territory the transport
or marketing takes place.

Article 6

In the case of traffic with third countries, the import, export
and transit of live or dead game shall be governed by the
regulations in force in the partner countries in which such
operations take place.

Part II

PROTECTION OF BIRDS

Article 7

The three Governments undertake to protect the species of birds
living in the wild state in the Benelux countries, other than the
species considered to be game under article l; to this end and
without prejudice to the provisions of article 8, the Committee of
Ministers shall determine, by decisions taken in conformity with
article 19 (a) of the Treaty of the Union, the protective
measures, and the species of birds to which such measures apply.

Article 8

1. Each of the three Governments undertake to adjust its national
laws to ensure that it is prohibited, at all times and in all
places, to hold for sale, to sell, to purchase or to supply birds
belonging to the species determined in accordance with article 7,
as well as their eggs, including blown eggs and their young; this
prohibition shall also apply to any mounted bird of these species
unless prior dispensation has been granted by the competent
national authorities.

2. The transport of the birds referred to in paragraph 1, and of
their eggs and young, shall be authorized only in conformity with
the regulations in force in the country in whose territory the
transport takes place.

Article 9

In the case of traffic with third countries, the import, export
and transit of all live or dead birds, and of their eggs and
young, shall be permitted only with prior authorization from the
partner countries in which such operations take place.

Part III

GENERAL PROVISIONS

Article 10

Inspection in pursuance of articles 5, 6, 8 and 9 shall be
carried out within each of the countries and at the external
frontiers of Benelux, but not in connexion with the crossing of
frontiers between the Benelux countries.

Article 11

The Committee of Ministers shall determine by decisions taken
in conformity with article 19 (a) of the Treaty for the Union, the
measures which notwithstanding the provisions of article 5,
paragraph 2, article 6, article 8, paragraph 2, and article 9,
need to be taken in one or more countries to avoid any detriment
to the interests of partner countries.

Article 12

Each of the three countries retains the right to maintain or to
introduce legislative provisions for the regulation of matters not
covered by this Convention, provided that such provisions are not
incompatible with the Convention.

Article 13

1. Each of the three Governments retains the right, subject to the
prior approval of the Committee of Ministers, recorded in a
decision taken in conformity with article 19 (a) of the Treaty for
the Union, to authorize departures from the provisions of this
Convention in the interest of science or nature conservation or
for the purpose of preventing damage.

2. In cases of emergency, however, each of the Governments may
adopt and apply measures which depart from the provisions of this
Convention, over a maximum period of three months, pending
decision by the Committee of Ministers. The other Governments
shall be informed of such provisional application through the
Secretary-General of the Benelux Economic Union.

Article 14

In pursuance of article l, paragraph 2, of the Treaty relating
to the institution and statute of a Benelux Court of Justice, the
provisions of this Convention shall be designated as common legal
rules for the application of chapters III and IV of the aforesaid
Treaty.

Article 15

In the case of the Kingdom of the Netherlands this Convention
shall apply only to territory in Europe.

Article 16

1. This Convention shall be subject to ratification. The
instruments of ratification shall be deposited with the
Secretary-General of the Benelux Economic Union, who shall inform
the Contracting Parties of the deposit of such instruments.

2. It shall enter into force on the first day of the second month
following the date of deposit of the third instrument of
ratification.

3. It shall remain in force for the same period as the Treaty
instituting the Benelux Economic Union.

In Witness Whereof the undersigned, duly authorized for the
purpose, have signed this Convention.

Done at Brussels on l0 June 1970, in triplicate, in the Dutch
and French languages, both texts being equally authentic.

Declarations

“1. The Royal Ministry of Justice and Police is designated as the
Central Authority with reference to article 2 and as the Competent
Authority with reference to articles 15, 16 andl7.

“II. With reference to article 4, paragraphs 3, the Kingdom of
Norway declares that letters in the Danish or Swedish languages
can be sent to the Central Authority.

“Ill. By accepting Letters of Request in another language than the
Norwegian, the Kingdom of Norway does not undertake to execute the
request or transmit the evidence thus obtained in this other
language, nor to have translated the documents which establish the
execution of the letter of request.

“IV. By virtue of article 15, evidence can be taken by diplomatic
officers or consular agents only if, upon application, prior
permission to that effect
has been granted.

“V. By virtue of article 23, the Kingdom of Norway declares that
it will not execute Letters of Request issued for the purpose of
obtaining pretrial discovery of documents as known in Common Law
countries.”


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