Aquatic Bird Habitat Conventions - Full Text Of The Norm

Original Language Title: CONVENCIONES HABITAT DE AVES ACUATICAS - Texto completo de la norma

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Conventions Law 25.335 Adopt amendments to the Convention on Wetlands of International Importance, especially as Habitat of Aquatic Birds, Ramsar 1971, adopted by the Extraordinary Conference of Contracting Parties in the City of Regina, Canada; and the orderly text of the Convention on Wetlands.

Sanctioned: October 5, 2000.

Enacted: November 9, 2000.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Please approve the Amendments to Articles 6 and 7 of the Convention concerning Wetlands of International Importance, especially such as Habitat of Aquatic Birds, Ramsar 1971, adopted by the Extraordinary Conference of the Contracting Parties to the City of Regina (Province of Saskatchewan), Canada, on 28 May 1987, whose texts form part of Annex I to this Law.

ARTICLE 2 Under the provisions of the preceding article, please approve the orderly text of the Convention on Wetlands, contained in Annex II attached to the present Act.

Article 3 At the time of deposit of the instrument of accession, the following statement should be added: "The ARGENTINA REPUBLIC rejects the extension by the United Kingdom of Great Britain and Northern Ireland of the application of the amendments to articles 6 and 7 of the Convention concerning Wetlands of International Importance, especially as Habitat of Aquatic Birds", adopted in Regina, Saskatchewan, Canada, on 28 May 1987, to the South Islands.

The ARGENTINA REPUBLIC recalls that the General Assembly of the United Nations has adopted Resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 39/6, 40/21, 41/40, 42/19 and 43/25 recognizing the existence of a sovereignty dispute, and calls upon the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to find definitively the pending negotiations on the future.

ARTICLE 4 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWO MONTHS OF THE OCTOBER YEAR.

# 25,335 EL

PASCUAL RAFAEL. . JOSE GENOUD. . Guillermo Aramburu. . Mario L. Pontaquarto.

Annex I

CONVENTION ON HUMEDALS OF INTERNATIONAL IMPORTANCE SPECIALLY AS HABITAT DE AVES ACUATICS, Ramsar 1971

Extraordinary Conference of the Contracting Parties

28 May-3 June 1987

Regina, Saskatchewan Province, Canada

CONVENTION TAKEN BY THE EXTRAORDINARY CONFERENCE

Article 6

1. The present text of paragraph 1 shall be replaced by the following wording:

"1. A Conference of the Contracting Parties shall be established to review the present Convention and to promote its implementation. The Office referred to in Article 8, paragraph 1, shall convene ordinary meetings of the Conference of the Contracting Parties at intervals not exceeding three years, unless the Conference decides otherwise, and extraordinary meetings at the written request of at least one third of the Contracting Parties. At each ordinary meeting, the Conference of the Contracting Parties shall determine the place and date of the next ordinary meeting. "

2. The introductory sentence of paragraph 2 shall read as follows:

"2. The Conference of the Contracting Parties shall be competent:"

3. An additional item is included at the end of paragraph 2, as follows:

"(f) to adopt other recommendations or resolutions with a view to promoting the implementation of this Convention."

4. A new paragraph 4 is added, which will read as follows:

"4. The Conference of the Contracting Parties shall adopt the rules of procedure for each of its meetings."

5. Two new paragraphs 5 and 6 are added, which will read as follows:

"5. The Conference of the Contracting Parties shall permanently establish and revise the financial rules of the present Convention. In each ordinary meeting, the budget for the following financial period shall be voted by the majority of the two thirds of the Contracting Parties present and voting. 6. Each Contracting Party shall contribute to the budget according to the scale of contributions approved unanimously by the Contracting Parties present and voting at a regular meeting of the Conference of the Contracting Parties. "

Article 7

1. Paragraph 2 is replaced by the following:

"2. Each Contracting Party represented at a Conference shall have one vote, and the recommendations, resolutions and decisions shall be adopted by a simple majority of the Contracting Parties present and voting, unless otherwise provided by the Convention. "

Annex II

CONVENTION ON HUMEDALS OF INTERNATIONAL IMPORTANCE SPECIALLY AS HABITAT DE AVES ACUATICS, Ramsar, 2.2.1971

Amended under the Paris Protocol, 3.12.1982 and the Regina Amendments, 28.5.1987

(The amendments introduced to the Ramsar Convention for the Regina Amendments appear in bastardilla)

The Contracting Parties,

Recognizing the interdependence of man and his environment,

Considering the fundamental ecological functions of wetlands as regulators of hydrological regimes and as habitat for a characteristic fauna and flora, especially aquatic birds,

Convinced that wetlands constitute a resource of great economic, cultural, scientific and recreational value, whose loss would be irreparable,

Wishing to stop now and in the future the progressive intrusions in and loss of wetlands,

Recognizing that aquatic birds in their seasonal migrations can cross the borders, and that they must therefore be regarded as an international resource,

Convinced that the conservation of wetlands and their flora and fauna can be ensured by harmonizing national policies with coordinated international action,

They have agreed to the following: Article 1

1. For the purposes of this Convention, wetlands, marshes, swamps and peatlands, or water-covered surfaces, whether natural or artificial, permanent or temporary, stagnated or current, sweet, salt or salty, including sea-water extensions whose low tide depth does not exceed six metres, are wetlands.

2. For the purposes of this Convention, aquatic birds are ecologically dependent on wetlands.

Article 2

1. Each Contracting Party shall designate suitable wetlands from its territory to be included in the List of Wetlands of International Importance, henceforth called the "list", which maintains the Office established under Article 8. The limits of each wetland should be described in a precise way and also drawn on a map, and may include its adjacent coastal or coastal areas, as well as the islands or seawater extensions of a depth of more than six metres in low tide, when they are within the wetland, and especially when they are important as aquatic bird habitat.

2. The selection of wetlands included in the List should be based on their international importance in ecological, botanical, zoological, limnological or hydrological terms. First, wetlands that are of international importance for aquatic birds should be included at any season of the year.

3. The inclusion of a wetland in the List is without prejudice to the exclusive rights of sovereignty of the Contracting Party in whose territory such a wetland is located.

4. Each Contracting Party shall designate at least one wetland to be included in the List when signing the Convention or depositing its instrument of ratification or accession, in accordance with the provisions of Article 9.

5. Any Contracting Party shall have the right to add to the List other wetlands located in its territory, to extend those already included or, for urgent reasons of national interest, to withdraw from the list, or to reduce the limits of the already included wetlands, and shall report such modifications as quickly as possible to the organization or government responsible for the functions of the Permanent Office specified in Article 8.

6. Each Contracting Party shall take into account its international responsibilities with regard to the conservation, management and wise use of migratory populations of aquatic birds, both in designating wetlands from its territory for inclusion in the List, and in exercising its right to modify its prior registrations.

Article 3

1. The Contracting Parties shall develop and implement their planning in such a way as to promote the conservation of the wetlands included in the List and, to the extent possible, the rational use of wetlands in their territory.

2. Each Contracting Party shall take the necessary measures to inform itself as soon as possible about the modifications of the ecological conditions of wetlands located in its territory and included in the List, and which have occurred or may occur as a result of technological development, pollution or any other intervention of man. Information on such amendments shall be transmitted promptly to the organization or government responsible for the functions of the Permanent Office specified in Article 8.

Article 4

1. Each Contracting Party shall promote the conservation of wetlands and aquatic birds by creating natural reserves on them, whether or not they are listed, and shall take appropriate measures for their custody.

2. Where a Contracting Party, for urgent reasons of national interest, withdraws from or reduces the limits of a wetland included therein, it shall, as far as possible, compensate for the loss of wetland resources and, in particular, create new natural reserves for aquatic birds and for the protection of an adequate portion of its original habitat, in the same region or elsewhere.

3. The Contracting Parties shall encourage research and exchange of data and publications relating to wetlands and their flora and fauna.

4. The Contracting Parties shall endeavour to increase aquatic bird populations through the management of suitable wetlands.

5. The Contracting Parties shall encourage the training of personnel for the study, management and custody of wetlands.

Article 5

The Contracting Parties shall consult on the fulfilment of the obligations arising from the Convention, especially in the case of a wetland extending through the territories of more than one Contracting Party or a hydrological system shared by several of them. At the same time, they will strive to actively coordinate and support current and future policies and regulations on wetland conservation and their flora and fauna.

Article 6

1. A Conference of the Contracting Parties shall be established to review the present Convention and to promote its implementation. The Office referred to in Article 8, paragraph 1, shall convene ordinary meetings of the Conference of the Contracting Parties at intervals not exceeding three years, unless the Conference decides otherwise, and extraordinary meetings at the written request of at least one third of the Contracting Parties. At each ordinary meeting, the Conference of the Contracting Parties shall determine the place and date of the next ordinary meeting.

2. The Conference of the Contracting Parties shall be competent:

(a) to discuss the implementation of this Convention,

(b) to discuss additions and modifications to the List;

(c) to consider information regarding changes in the ecological conditions of wetlands included in the List, provided in implementation of Article 3.2;

(d) to make recommendations, general or specific, to Contracting Parties, and on the conservation, management and wise use of wetlands and their flora and fauna;

(e) to request relevant international agencies to prepare reports and statistics on issues of an essentially international nature that are relevant to wetlands.

(f) to adopt other recommendations or resolutions with a view to promoting the implementation of this Convention.

3. The Contracting Parties shall ensure that those responsible for wetland management, at all levels, are informed and take into consideration the recommendations of such Conferences regarding the conservation, management and wise use of wetlands and their flora and fauna.

4. The Conference of the Contracting Parties shall adopt the rules of procedure for each of its meetings.

5. The Conference of the Contracting Parles shall permanently establish and revise the financial rules of the present convention. In each of its ordinary meetings, the budget of the following financial period will be blown up by a two-thirds majority of the Contracting Parties present and flyers.

6. Each Contracting Party shall contribute to the budget according to the scale of contributions approved unanimously by the Contracting Parties present and voting at a regular meeting of the Conference of the Contracting Parties.

Article 7

1. The Contracting Parties shall include in their representation to Conferences persons who are experts in wetlands or aquatic birds, for their knowledge and experience acquired in scientific, administrative or other functions.

2. Each Contracting Party represented at a Conference shall have one vote, and the recommendations, resolutions and decisions shall be adopted by a simple majority of the Contracting Parties present and voting, unless otherwise provided by the Convention.

Article 8

1. The International Union for the Conservation of Nature and Natural Resources shall perform the functions of the Permanent Office under this Convention, until such time as another organization, or a government, shall be appointed by a two-thirds majority of all Contracting Parties.

2. The obligations of the Permanent Office shall include:

(a) collaborate in the convening and organization of the conferences provided for in Article 6;

(b) To maintain the List of Wetlands of International Importance and to receive information from Contracting Parties on any addition, extension, deletion or reduction of wetlands included in the List, as provided for in Article 2.5;

(c) To receive information from Contracting Parties on any modification of the ecological conditions of wetlands included in the List, as provided for in Article 3.2;

(d) notify Contracting Parties of any modification of the List or change in the characteristics of wetlands included therein, and provide for such matters to be discussed at the next Conference;

(e) bring to the attention of the Contracting Party concerned the recommendations of the Conferences regarding such modifications of the List or changes in the characteristics of the wetlands included therein.

Article 9

1. The Convention shall remain indefinitely open for signature.

2. Any member of the United Nations or one of its specialized agencies, or the International Atomic Energy Agency, or part of the Statutes of the International Court of Justice, may be a Contracting Party to this Convention by:

(a) signature without reservation of ratification;

(b) signature on ratification, followed by ratification;

(c) accession.

3. Ratification or accession shall be made by depositing an instrument of ratification or accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as the Depositary).

Article 10

1. The Convention shall enter into force four months after seven States have become Contracting Parties to the Convention, in accordance with the provisions of Article 9.2.

2. Since then, the Convention shall enter into force for each Contracting Party four months after the date on which it has signed it without reservation of ratification or depositing its instrument of ratification or accession.

Article 10 bis

1. This Convention may be amended at a meeting of the Contracting Parties convened for that purpose in accordance with this Article.

2. Any Contracting Party may submit proposals for amendment.

3. The text of any proposed amendment and the reasons for the amendment shall be communicated to the organization or government acting as the Permanent Office under this Convention (hereinafter referred to as the "Office") and shall promptly notify all Contracting Parties. Any comment by a Contracting Party on the text shall be communicated to the Office for the three months following the date on which the Office has communicated the proposed amendments to the Contracting Parties. The Office shall, immediately after the deadline for submission of the comments, communicate to the Contracting Parties all that it has received to date.

4. At the written request of one third of the Contracting Parties, the Office shall convene a meeting of the Contracting Parties to consider any proposed amendment reported under paragraph 3. The Office will consult the Parties on the date and venue of the meeting.

5. The amendments shall be adopted by a majority of the two thirds of the Contracting Parties present and voting.

6. Once the proposal has been approved, the amendment shall enter into force, for the Contracting Parties that have accepted it, on the first day of the fourth month following the date on which the two thirds of the Contracting Parties have deposited an instrument of acceptance with the Depositary. For any Contracting Party that deposits an instrument of acceptance after the date on which the two thirds of the Contracting Parties deposited an instrument of acceptance, the amendment shall enter into force on the first day of the fourth month following the date of deposit of the instrument of acceptance by that Party.

Article 11

1. This Convention shall remain in force for an indefinite period of time.

2. A Contracting Party may denounce the Convention five years after the date of entry into force for that Party, by written notification to the Depositary.

Article 12

1. The Depositary shall inform all States that have signed or acceded to the Convention as soon as possible:

(a) signatures of this Convention;

(b) deposits of instruments of ratification of this Convention;

(c) deposits of instruments of accession to this Convention;

(d) the date of entry into force of this Convention;

(e) notifications of denunciation of this Convention.

2. When this Convention has entered into force, the Depositary shall register it in the Secretariat of the United Nations, in accordance with Article 102 of the Charter.

IN WITNESS WHEREOF, the undersigned, duly authorized to do so, sign this Convention.

HEAR at Ramsar on February 2, 1971 in a single original copy in English, French, German and Russian, texts that are all equally authentic*. The custody of such a copy shall be entrusted to the Depositary, which shall issue certified copies in accordance with all Contracting Parties.

♪ As stipulated in the final record of the conference which concluded the protocol, the depositary provided to the second conference of the Contracting Parties the official versions of the convention in Arabic, Chinese and Spanish, which were prepared in consultation with the Governments concerned and with the assistance of the office.