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)

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295. Presentation of the Federal Chancellor on the amendment of Article XXI of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Pursuant to Article XVII of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1 On 30 April 1983, at an extraordinary meeting of the Parties to the Convention in Gabarone (Botswana), the following amendment of the nature of the Contracting Parties present and voting was required by the two-thirds majority required of the parties present and voting. XXI of the Convention:

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 established 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.

In their instruments of accession, search organizations shall declare the extent of their competence with respect to the matters governed by the Convention. Thesis organizations shall therefore 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, search 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 search cases the Member States of the organizations shall not be entitled to exercise such rights individually.

4.

In the fields of their competence, regional economic integration organizations shall shall 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 if their Member States exercise 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"/"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)

After the words "to deposit with the depositary government." the following 5 paragraphs are added:

" 1.

This Convention is for regional organisations with the aim of economic integration for accession, created by sovereign States and competence to reach agreement, to conclude and to implement international Conventions in matters which have been conferred upon them by their Member States and which fall within the framework of this Convention.

2.

In their accession instruments, such organisations shall specify the extent of their competence with regard to matters covered by this Convention. These organizations shall also notify the depositary government of any substantial change in the extent of their competence. Notifications from regional organizations with the aim of economic integration with regard to their competence in matters covered by this Convention, as well as amendments to that competence, are to be addressed by the depositary government to pass on the contracting parties.

3.

In matters within its competence, such regional organizations shall exercise their rights in the interests of economic integration and shall comply with the obligations laid down in this Convention by their Member States, which shall: Parties to the Convention are to be provided. In such cases, the Member States of the organisations concerned shall not be entitled to exercise such rights individually.

4.

In their areas of competence, regional organisations with the aim of economic integration shall 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 organisations must not exercise their right to vote if their Member States exercise their right to vote, and vice versa.

5.

Any reference to a "Contracting Party" within the meaning of Article 1 (h) of this Convention, to a "State" or "State", respectively. to 'States' or a 'State Party to this Convention', or "States Parties to this Convention" shall be interpreted as referring also to each regional organisation with the objective of economic integration, which is the responsibility of the agreement, the conclusion and the the implementation of international conventions in matters covered by this Convention. "

The certificate of acceptance signed by the Federal President and countersigned by the Federal Chancellor became 21. Jänner deposited with the Swiss Government in 1985; the amendment shall, in accordance with the notification of the Swiss Government, be amended in accordance with Art. XVII, para. 3 of the Convention, in force on 29 November 2013.

According to the announcement by the Swiss Government, the following additional states have adopted the amendment:

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, Germany, Ghana, Grenada, Greece, Guatemala, Guyana, Honduras, India, Ireland, Iceland, 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, the 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, St Lucia, Tanzania, Togo, Trinidad and Tobago, Czech Republic, Uganda, Hungary, Uruguay, Uzbekistan, Venezuela, United Kingdom and Cyprus.

Faymann