Amendment To Article Xxi Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora (Washington Convention)

Original Language Title: Änderung des Artikels XXI des Übereinkommens über den internationalen Handel mit gefährdeten Arten freilebender Tiere und Pflanzen (Washingtoner Artenschutzübereinkommen)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_III_295/BGBLA_2013_III_295.html

295. Proclamation of the Federal Chancellor concerning the amendment to article XXI of the Convention on international trade in endangered species of wild fauna and Flora (Washington Convention)

 

In accordance with article XVII of the Convention on international trade in endangered species of wild fauna and Pflanzen1, the amendment of article XXI of the Convention was adopted on April 30, 1983, on the occasion of an extraordinary meeting of the parties to the Convention in Gabarone (Botswana) with the required two-thirds majority of the Contracting Parties present and voting:

 

After the words "Depositary Government.", the following 5 paragraphs shall be added:

 



"1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention.

2. governed by the Convention in their instruments of accession, such organizations shall declare the extent of their competence with respect to the matters. These organizations shall so inform the Depositary Government of any substantial modification in the extent of their competence. Notificiations by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the parties by the Depositary Government.

3. in matters within their competence, such regional economic integration organizations shall exercise the rights and fulfill the obligations which this Convention attributes to their Member States, which are parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually.

4. shall in the fields of their competence, regional economic integration organizations exercise their right to vote with a number of votes equal to the number of their Member States which are parties to the Convention. Such organizations shall not exercise their right to vote Member States exercise if their theirs, and vice versa.

"5. any reference to"party"in the sense used in article 1 (h) of this Convention, to"State"/"States"or to"State party"and"States Parties"to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention."



(Translation)



Following 5 paragraphs are added after the words "by the Depositary Government to deposit.":

 



"(1) this Convention shall be open for regional organizations with the goal of economic integration to join, which were created by sovereign States, and have the competence to conclude and the agreement for the implementation of international agreements in matters, which were transferred to them by their Member States and covered by this Convention.

2. in their instruments of accession, such organisations have to specify the extent of their competence with respect to the matters covered by this Convention. These organizations have also the Depositary Government to notify any substantial change in the extent of their competence. Notifications are on the part of regional organizations with the goal of economic integration with regard to its jurisdiction in matters covered by this Convention, as well as changes that competence to pass by the Depositary Government to the Contracting Parties.

3. in matters that fall within their competence, such regional organizations exert the rights with the aim of economic integration and comply with the obligations which its Member States which are Contracting Parties to the Convention, to this Convention. In such cases, the Member States of the relevant organizations are not entitled to exercise such rights individually.

4 in their areas of competence, regional organizations exert their right to vote with a number of votes with the objective of economic integration, which is equal to the number of their Member States which are Contracting Parties to the Convention. Such organizations may not exercise their right to vote, if its Member States exercise theirs, and vice versa.

5. any reference to a "Contracting Party" within the meaning of article 1 h) this Convention, a "State" or "States" or a "State that is party to this Convention" or "States, the parties to this Convention are" is to be interpreted, that it also refers any regional organization with the goal of economic integration, which has the competence to conclude and the agreement for the implementation of international agreements in matters ", covered by this Convention."

 

The acceptance certificate that is signed by the Federal President and countersigned by the Federal Chancellor has been deposited on January 21, 1985, when the Swiss Government; According to the notification, the amendment enter into force according to article XVII, paragraph 3 of the Convention on November 29, 2013.

After release of the Swiss Government, following other States have adopted the change:

Egypt, Antigua and Barbuda, Argentina, Australia, Barbados, Belgium, Belize, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Chile, China, Costa Rica, Denmark, Germany, Ecuador, El Salvador, Eritrea, Estonia, Fiji, Finland, France, Ghana, Grenada, Greece, Guatemala, Guyana, Honduras, India, Ireland, island, Israel, Italy, Cameroon, Canada, Cape Verde, Kenya, Colombia, Congo, Republic of Korea, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali , Morocco, Mauritius, Mexico, Moldova, Monaco, New Zealand, Nicaragua, Netherlands (including Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustasius and Saba)), Niger, Norway, Palau, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Rwanda, Romania, Solomon Islands, Samoa, Sweden, Switzerland, Senegal, Seychelles, Zimbabwe, Slovakia, Slovenia, Spain, Sri Lanka, St. Kitts and Nevis, Saint Lucia, Tanzania, Togo, Trinidad and Tobago, Czech Republic , Uganda, Hungary, Uruguay, Uzbekistan, Venezuela, United Kingdom and Cyprus.

Faymann