Convention on the Conservation of European Wildlife and Natural Habitats (19 Sept 1979)

Convention on the Conservation of European Wildlife and Natural Habitats (19 Sept 1979) in United States

Convention on the Conservation of European Wildlife and Natural Habitats (19 Sept 1979)

Entry into Force: 1 Jun 1982

PREAMBLE

The Member States of the Council of Europe and the other signatories
hereto,

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

Considering the wish 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 that needs to be preserved and handed on to future generations;

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

Noting that numerous species of wild flora and fauna are being seriously
depleted and that some of them are threatened with extinction;

Aware that the conservation of natural habitats is a vital component of
the protection and conservation of wild flora and fauna;

Recognizing that the conservation of wild flora and fauna should be taken
into consideration by the governments in their national goals and
programmes, and that international co-operation should be established to
protect migratory species in particular;

Bearing in mind the widespread requests for common action made by
governments or by international bodies, in particular the requests
expressed by the United Nations Conference on the Human Environment 1972
and the Consultative Assembly of the Council of Europe;

Desiring particularly 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 aims of this Convention are to conserve wild flora and fauna and
their natural habitats, especially those species and habitats whose
conservation requires the co-operation of several States, and to promote
such co-operation.

2. Particular emphasis is given to endangered and vulnerable species,
including endangered and vulnerable migratory species.

Article 2

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

Article 3

1. Each Contracting Party shall take steps to promote national policies
for the conservation of wild flora, wild fauna and natural habitats, with
particular attention to endangered and vulnerable species, especially
endemic ones, and endangered habitats, in accordance with the provisions
of this Convention.

2. Each Contracting Party undertakes, in its planning and development
policies and in its measures against pollution, to have regard to the
conservation of wild flora and fauna.

3. Each Contracting Party shall promote education and disseminate general
information on the need to conserve species of wild flora and fauna and
their habitats.

Chapter II. PROTECTION OF HABITATS

Article 4

1. Each Contracting Party shall take appropriate and necessary
legislative and administrative measures to ensure the conservation of the
habitats of the wild flora and fauna species, especially those specified
in the Appendices I and II, and the conservation of endangered natural
habitats.

2. The Contracting Parties in their planning and development policies
shall have regard to the conservation requirements of the areas protected
under the preceding paragraph, so as to avoid or minimise as far as
possible any deterioration of such areas.

3. The Contracting Parties undertake to give special attention to the
protection of areas that are of importance for the migratory species
specified in Appendices II and III and which are appropriately situated
in relation to migration routes, as wintering, staging, feeding, breeding
or moulting areas.

4. The Contracting Parties undertake to co-ordinate as appropriate their
efforts for the protection of the natural habitats referred to in this
Article when these are situated in frontier areas.

Chapter III. PROTECTION OF SPECIES

Article 5

Each Contracting Party shall take appropriate and necessary legislative
and administrative measures to ensure the special protection of the wild
flora species specified in Appendix I. Deliberate picking, collecting,
cutting or uprooting of such plants shall be prohibited. Each Contracting
Party shall, as appropriate, prohibit the possession or sale of these
species.

Article 6

Each Contracting Party shall take appropriate and necessary legislative
and administrative measures to ensure the special protection of the wild
fauna species specified in Appendix II. The following will in particular
be prohibited for these species:

a) All forms of deliberate capture and keeping and deliberate killing;

b) The deliberate damage to or destruction of breeding or resting
sites;

c) The deliberate disturbance of wild fauna, particularly during the
period of breeding, rearing and hibernation, insofar as disturbance
would be significant in relation to the objectives of this
Convention;

d) The deliberate destruction or taking of eggs from the wild or
keeping these eggs even if empty;

e) The possession of and internal trade in these animals, alive or
dead, including stuffed animals and any readily recognizable part
or derivative thereof, where this would contribute to the
effectiveness of the provisions of this Article.

Article 7

1. Each Contracting Party shall take appropriate and necessary
legislative and administrative measures to ensure the protection of the
wild fauna species specified in Appendix III.

2. Any exploitation of wild fauna specified in Appendix III shall be
regulated in order to keep the populations out of danger, taking into
account the requirements of Article 2.

3. Measures to be taken shall include:

a) Closed seasons and/or other procedures regulating the exploitation;

b) The temporary or local prohibition of exploitation, as appropriate,
in order to restore satisfactory population levels;

c) The regulation as appropriate of sale, keeping for sale, transport
for sale or offering for sale of live and dead wild animals.

Article 8

In respect of the capture or killing of wild fauna species specified in
Appendix III and in cases where, in accordance with Article 9, exceptions
are applied to species specified in Appendix II, Contracting Parties
shall prohibit the use of all indiscriminate means of capture and killing
and the use of all means capable of causing local disappearance of, or
serious disturbance to, populations of a species, and in particular, the
means specified in Appendix IV.

Article 9

1. Each Contracting Party may make exceptions from the provisions of
Articles 4, 5, 6, 7 and from the prohibition of the use of the means
mentioned in Article 8 provided that there is no other satisfactory
solution and that the exception will not be detrimental to the survival
of the population concerned:

— For the protection of flora and fauna;

— To prevent serious damage to crops, livestock, forests, fisheries,
water and other forms of property;

— In the interests of public health and safety, air safety or other
overriding public interests;

— For the purposes of research and education, of repopulation, of
reintroduction and for the necessary breeding;

— To permit, under strictly supervised 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
numbers.

2. The Contracting Parties shall report every two years to the Standing
Committee on the exceptions made under the preceding paragraph. These
reports must specify:

— The populations which are or have been subject to the exceptions
and, when practical, the number of specimens involved;

— The means authorised for the killing or capture;

— The conditions of risk and the circumstances of time and place
under which such exceptions were granted;

— The authority empowered to declare that these conditions have been
fulfilled, and to take decisions in respect of the means that may
be used, their limits and the persons instructed to carry them out;

— The controls involved.

Chapter IV. SPECIAL PROVISIONS FOR MIGRATORY SPECIES

Article 10

1. The Contracting Parties undertake, in addition to the measures
specified in Articles 4, 6, 7 and 8, to co-ordinate their efforts for the
protection of the migratory species specified in Appendices II and III
whose range extends into their territories.

2. The Contracting Parties shall take measures to seek to ensure that the
closed seasons and/or other procedures regulating the exploitation
established under paragraph 3.a of Article 7 are adequate and
approximately disposed to meet the requirements of the migratory species
specified in Appendix III.

Chapter V. SUPPLEMENTARY PROVISIONS

Article 11

1. In carrying out the provisions of the Convention, the Contracting
Parties undertake:

a) To co-operate whenever appropriate and in particular where this
would enhance the effectiveness of measures taken under other
articles of this Convention;

b) To encourage and co-ordinate research related to the purposes of
this Convention.

2. Each Contracting Party undertakes:

a) To encourage the reintroduction of native species of wild flora and
fauna when this would contribute to the conservation of an
endangered species, provided that a study is first made in the
light of the experiences of other Contracting Parties to establish
that such reintroduction would be effective and acceptable;

b) To strictly control the introduction of non-native species.

3. Each Contracting Party shall inform the Standing Committee of the
species receiving complete protection on its territory and not included
in Appendices I and II.

Article 12

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

Chapter VI. STANDING COMMITTEE

Article 13

1. For the purposes of this Convention, a Standing Committee shall be set
up.

2. Any Contracting Party may be represented on the Standing Committee by
one or more delegates. Each delegation shall have one vote. Within the
areas of its competence, the European Economic Community shall exercise
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 shall not exercise its right to vote in cases
where the member States concerned exercise theirs, and conversely.

3. Any member State of the Council of Europe which is not a Contracting
Party to the Convention may be represented on the Committee as an
observer.

The Standing Committee may, by unanimous decision, 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 agency technically qualified in the protection, conservation
or management of wild fauna and flora and their habitats, and belonging
to one of the following categories:

a) International agencies or bodies, either governmental or
non-governmental, and national governmental agencies or bodies;

b) National non-governmental agencies or bodies which have been
approved for this purpose by the State in which they are located,

may inform the Secretary-General of the Council of Europe, at least three
months before the meeting of the Committee, of its wish to be represented
at that meeting by observers. They shall be admitted unless, at least one
month before the meeting, one-third of the Contracting Parties have
informed the Secretary General of their objection.

4. The Standing Committee shall be convened by the Secretary General of
the Council of Europe. Its first meeting shall be held within one year of
the date of the entry into force of the Convention. It shall subsequently
meet at least every two years and whenever a majority of the Contracting
Parties so request.

5. A majority of the Contracting Parties shall constitute a quorum for
holding a meeting of the Standing Committee.

6. Subject to the provisions of the Convention, the Standing Committee
shall draw up its own Rules of Procedure.

Article 14

1. The Standing Committee shall be responsible for following the
application of this Convention. It may in particular:

— Keep under review the provisions of this Convention, including its
Appendices, and examine any modifications necessary;

— Make recommendations to the Contracting Parties concerning measures
to be taken for the purposes of this Convention;

— Recommend the appropriate measures to keep the public informed
about the activities undertaken within the framework of this
Convention;

— Make recommendations to the Committee of Ministers concerning
non-member States of the Council of Europe to be invited to accede
to this Convention;

— Make any proposal for improving the effectiveness of this
Convention, including proposals for the conclusion, with the States
which are not Contracting Parties to the Convention, of agreements
that would enhance the effective conservation of species or groups
of species.

2. In order to discharge its functions, the Standing Committee may, on
its own initiative, arrange for meetings of groups of experts.

Article 15

After each meeting, the Standing Committee shall forward to the Committee
of Ministers of the Council of Europe a report on its work and on the
functioning of the Convention.

Chapter VII. AMENDMENTS

Article 16

1. Any amendment to the articles of this Convention proposed by a
Contracting Party or the Committee of Ministers shall be communicated to
the Secretary General of the Council of Europe and forwarded 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 shall be examined by the Standing Committee which:

a) For amendments to Articles 1 to 12, shall submit the text adopted
by a three-quarters majority of the votes cast of the Contracting
Parties for acceptance;

b) For amendments to Articles 13 to 24, shall submit the text adopted
by a three-quarters majority of the votes cast to the Committee of
Ministers for approval. After its approval, this text shall be
forwarded to the Contracting Parties for 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 Appendices to this Convention.

Article 17

1. Any amendment to the Appendices of this Convention proposed by a
Contracting Party or the Committee of Ministers shall be communicated to
the Secretary General of the Council of Europe and forwarded 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 shall be examined by the Standing Committee, which
may adopt it by a two-thirds majority of the Contracting Parties. The
text adopted shall be forwarded to the Contracting Parties.

3. 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 for those Contracting Parties which have
not notified objections.

Chapter VIII. SETTLEMENT OF DISPUTES

Article 18

1. The Standing Committee shall use its best endeavours to facilitate a
friendly settlement of any difficulty to which the execution of this
Convention may 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 concerned shall, unless the said parties agree otherwise, be
submitted, at the request of one of them, to arbitration. Each party
shall designate an arbitrator and the two arbitrators shall designate a
third arbitrator. Subject to the provisions of paragraph 3 of this
Article, if one of the parties has not designated its arbitrator within
the three months following the request for arbitration, he shall be
designated at the request of the other party by the President of the
European Court of Human Rights within a further three months period. The
same procedure shall be observed if the arbitrators cannot agree on the
choice of the third arbitrator within the three months following the
designation of the two first arbitrators.

3. In the event of a dispute between two Contracting Parties one of which
is a member State of the European Economic Community, the latter itself
being a Contracting Party, the other Contracting Party shall address the
request for arbitration both to the member State and to the Community,
which jointly, shall notify it, within two months of receipt of the
request, whether the member State or the Community, or the member and the
Community jointly, shall be party to the dispute. In the absence of such
notification within the said time limit, the member State and the
Community shall be considered as being one and the same party to the
dispute for the purposes of the application of the provisions governing
the constitution and procedure of the arbitration tribunal. The same
shall apply when the member State and the Community jointly present
themselves as party to the dispute.

4. The arbitration tribunal shall draw up its own Rule of Procedure. Its
decisions shall be taken by majority vote. Its award shall be final and
binding.

5. Each party to the dispute shall bear the expenses of the arbitrator
designated by it and the parties shall share equally the expenses of the
third arbitrator, as well as other costs entailed by the arbitration.

Chapter IX. FINAL PROVISIONS

Article 19

1. This Convention shall be open for signature by the member States of
the Council of Europe and non-member States which have participated in
its elaboration and by the European Economic Community.

Up until the date when the Convention enters into force, it shall also be
open for signature by any other State so invited by the Committee of
Ministers.

The Convention is 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 shall enter into force on the first day of the month
following the expiry 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. In respect of any signatory State or the European Economic Community
which subsequently express their consent to be bound by it, the
Convention shall enter into force on the first day of the month following
the expiry of a period of three months after the date of the 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, after consulting the Contracting
Parties, may invite to accede to the Convention any non-member State of
the Council which, invited to sign in accordance with the provisions of
Article 19, has not yet done so, and any other nonmember State.

2. In respect of any acceding State, the Convention shall enter into
force on the first day of the month following the expiry of a period of
three months after the date of the 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, when depositing its instrument of
ratification, acceptance, approval or accession or at any later date, by
declaration addressed to the Secretary General of the Council of Europe,
extend the application of this Convention to any other territory
specified in the declaration and for whose international relations it is
responsible or on whose behalf it is authorized to give undertakings.

3. Any declaration made under the preceding paragraph may, in respect of
any territory mentioned in such declaration, be withdrawn by notification
addressed to the Secretary General. Such withdrawal shall become
effective on the first day of the month following the expiry 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 regarding certain species specified in Appendices I
to III and/or, for certain species mentioned in the reservation or
reservations, regarding certain means or methods of killing, capture and
other exploitation listed in Appendix IV. No reservations of a general
nature may be made.

2. Any Contracting Party which extends the application of this Convention
to a territory mentioned in the declaration referred to in paragraph 2 of
Article 21 may, in respect of the territory concerned, make one or more
reservations in accordance with the provisions of the preceding
paragraph.

3. No other reservation may be made.

4. Any Contracting Party which has made a reservation under paragraph 1
and 2 of this Article may wholly or partly withdraw it by means of a
notification addressed to the Secretary General or the Council of Europe.
Such withdrawal shall take effect as from the date of receipt of the
notification by the Secretary General.

Article 23

1. Any Contracting Party may, at any time, denounce this Convention by
means of a notification addressed to the Secretary General of the Council
of Europe.

2. Such denunciation shall become effective on the first day of the month
following the expiry 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 if a signatory of this Convention and any Contracting
Party of:

a) Any signature;

b) The deposit of any instrument of ratification, acceptance, approval
or accession;

c) Any date of entry into force of this Convention in accordance with
Articles 19 and 20;

d) Any information forwarded under th~ paragraph 3 of Article 13;

e) Any report established in pursuance of the provisions of Article
15;

f) Any amendment or any new Appendix adopted in accordance with
Articles 16 and 17 and the date on which the amendment or new
Appendix comes into force;

g) Any declaration made under the provisions of paragraphs 2 and 3 of
Article 21;

h) Any reservation made under the provisions of paragraphs 1 and 2 of
Article 22;

i) The withdrawal of any reservation carried out under the provisions
of paragraph 4 of Article 22;

j) Any notification made under the provisions of Article 23 and the
date on which the denunciation takes effect.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have
signed this Convention.

DONE at Bern, this 19th day of September 1979, in English and 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 transmit certified copies to each member
State of the Council of Europe, to any signatory State, to the European
Economic Community if a signatory and to any State invited to sign this
Convention or to accede thereto.


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