Act 356 1997

Original Language Title: LEY 356 de 1997

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ACT

(January 21)

Official Journal No. 42,966 of 24 January 1997

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By means of which the "Protocol on the Special Protected Areas and Flora and Wildlife of the Convention for the Protection and Development of the Marine Environment of the Greater Caribbean Region" is approved, made in Kingston On 18 January 1990 and the Annexes to the Protocol on the areas and flora and fauna of the wild, specially protected from the Convention for the Protection and Development of the Marine Environment of the Great Caribbean Region, adopted in Kingston on 11 June of 1991.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

Having regard to the text of the "Protocol on the areas and flora and fauna of the wild, specially protected from the Convention for the Protection and Development of the Marine Environment of the Greater Caribbean Region", made in Kingston on 18 January 1990 and the 'Annexes to the Protocol on the areas and flora and fauna and flora and fauna of the Convention for the Protection and Development of the Marine Environment of the Greater Caribbean Region' adopted in Kingston on 11 June 1991.

(To be transcribed: attached photocopy of the full text of the international instruments mentioned duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

PROTOCOL CONCERNING SPECIFICALLY PROTECTED AREAS AND WILDLIFE

TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT

OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION.

Protocolé relatif aux zones et à la vie sauvage spécialement protégé à la convention pour la protection et la mise en valeur du milieu marin de la Région des Caraibes.

Protocol on the protected areas and flora and fauna of the Convention for the Protection and Development of the Marine Environment of the Greater Caribbean Region.

List of items.

1. Definitions.

2. General Provisions.

3. General Obligations.

4. Establishment of Protected Areas.

5. Protection measures.

6. Planning and Management Regime for Protected Areas.

7. Cooperation Program for Protected Areas and their Registration.

8. Establishment of Buffer Zones.

9. Protected Areas and Contiguous Buffer Zones to International Borders.

10. National Measures for the Protection of Wild Fauna and Flora.

11. Cooperation measures for the Protection of Wild Fauna and Flora.

12. Introduction of Exotic or Genetically Altered Species.

13. Environmental Impact Assessment.

14. Exemptions for Traditional Activities.

15. Changes in the Situation of Protected Areas or Species.

16. Popularization, Information, Awareness and Education of the Population.

17. Scientific, Technical and Management Research.

18. Mutual Assistance.

19. Notifications and Reports to the Organization.

20. Scientific and Technical Advisory Committee.

21. Establishment of Common Guidelines and Criteria.

22. Institutional Provisions.

23. Meetings of the Parties.

24. Financing.

25. Links to other Conventions related to the Special Protection of Wild Fauna and Flora.

26. Transitional Provision.

27. Entry into Vigor.

28. Signature.

Annex I1/

Annex II1/

Annex III1/

1. The initial version of the Annexes shall be adopted in accordance with Article 26 of this Protocol.

PROTOCOL ON THE AREAS AND WILD FLORA AND FAUNA OF THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT IN THE GREATER CARIBBEAN REGION.

The Contracting Parties to this protocol,

Being Parties to the Convention for the Protection and Development of the Marine Environment in the Greater Caribbean Region, signed in Cartagena de Indias, Colombia on March 24, 1983,

Considering that Article 10 of the Convention requires the establishment of specially protected areas,

Considering the special hydrographic, biotic, and ecological characteristics of the Greater Caribbean Region,

Aware of the serious threat that poorly conceived development programs pose to the integrity of the marine and coastal region of the Greater Caribbean Region.

Recognizing that the protection and conservation of the environment of the Greater Caribbean Region are essential for sustainable development within the Region.

Aware of the enormous ecological, economic, aesthetic, scientific, cultural, nutritional and recreational value of rare or vulnerable ecosystems and native flora and fauna for the Greater Caribbean Region,

Recognizing that the Greater Caribbean Region constitutes a group of interconnected ecosystems and that an environmental threat to one of its parts poses a potential threat to others,

Highlighting the importance of undertaking regional cooperation to protect and, as appropriate, restore and improve the state of ecosystems, as well as endangered or endangered species and their habitat in the Greater Region of the Great Caribbean through, among other things, the establishment of protected areas in marine areas and their associated ecosystems,

Recognizing that the establishment and management of these protected areas and the protection of endangered or endangered species will strengthen the heritage and cultural values of the countries and territories of the Greater Caribbean Region, and will report greater economic and ecological benefits to them,

Agree to the following:

ARTICLE 1o. DEFINITIONS. For the purposes of this Protocol:

a) Convention means the Convention for the Protection and Development of the Marine Environment of the Greater Caribbean Region (Cartagena de Indias, Colombia, March 1983);

b) Plan of Action means the Plan of Action for the Caribbean Environmental Program (Montego Bay, April 1981);

c) Greater Caribbean Region has the same meaning as the term of the Convention Area of Article 2 (1) of the Convention and, in addition to the purposes of this Protocol, includes:

i) The waters within the baseline from which the width of the territorial sea is measured and which extends, in the case of water courses, to the limit of the freshwater, and

ii) Those associated land areas including watershed, as designated by the party exercising sovereignty and jurisdiction over those areas;

d) Organization means the entity referred to in Article 2o (2) of the Convention;

e) Protected area is the area to which the protected condition is granted, according to article 4or. of this Protocol;

f) Endangered species are species or subspecies of fauna and flora, or their populations that are endangered, in all or part of their distribution areas and whose survival is unlikely if the factors that put them in risk continue to be presented;

g) Endangered species are species or subspecies of fauna and flora, or their populations:

i) Likely to become endangered species in the foreseeable future, in all or part of their distribution areas, if the factors that cause their numerical decline or the degradation of their habitat, continue presenting; or

ii) That they are rare because they are generally located in geographically limited areas or habitats, or very disseminated in more extensive distribution areas and are in real or potential possibilities to be subject to a decrease and possible danger of extinction or extinction of the same.

h) Protected species, are species or subspecies of fauna and flora, or their populations to which the condition of protected under Article 10 of this Protocol is granted;

i) endemic species, are species or subspecies of fauna and flora or their populations whose distribution is limited to a particular geographical area;

(j) Annex I is the Annex to the Protocol containing the agreed list of marine and coastal flora species belonging to the categories defined in Article 1or. and require the protective measures indicated in Article 11-1 (A). The Annex may include terrestrial species as provided for in Article 1or (c) ii;

k) Annex II is the Annex to the Protocol containing the agreed list of marine and coastal fauna species belonging to the category defined in Article 1or requiring the protection measures indicated in Article 11 1 (b). The Annex may include terrestrial species as provided for in Article 1or (c) (ii); and

(l) Annex III is the Annex to the Protocol containing the agreed list of species of marine and coastal flora and fauna susceptible to rational and sustainable use, which require the protection measures referred to in Article 11 (1) (c). The Annex may include terrestrial species as provided for in Article 1or (c) (ii).

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ARTICLE 2o. GENERAL PROVISIONS.

1. This Protocol shall apply to the Greater Caribbean Region as defined in Article 1or (c).

2. The provisions of the Convention relating to its Protocols shall apply to this Protocol, including in particular paragraphs 2 and 3 of Article 3 of the Convention.

3. This Protocol shall not apply to ships of war or to other vessels owned or operated by a State, while engaged solely in non-commercial government services. However, each Party shall ensure, by taking appropriate measures which do not prejudice the operation or operating capacity of the vessels it owns or operate, that such vessels comply, as far as possible, with the provisions of the Protocol.

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ARTICLE 3o. GENERAL OBLIGATIONS.

1. Each Party to this Protocol, in accordance with its laws and regulations, as well as with the provisions of the Protocol, shall take the necessary measures to protect, preserve and manage in a sustainable manner within the areas of the Greater Caribbean Region. on which it exercises sovereignty, or sovereign rights or jurisdiction:

a) Areas that require protection to safeguard their special value, and

b) Endangered or endangered species of flora and fauna.

2. Each Party shall regulate and, if necessary, prohibit activities which have adverse effects on those areas and species. Each Party shall endeavour to cooperate in the enforcement of these measures without prejudice to sovereignty, or sovereign rights or the jurisdiction of other Parties. All measures taken by that Party to enforce or seek to enforce the measures agreed upon in accordance with this Protocol shall be limited to those of the Party's competence and which are in accordance with the law. "

3. Each Party shall, as far as possible, and in accordance with its legal system, manage the species of fauna and flora in order to prevent them from being threatened or threatened with extinction.

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ARTICLE 4. SETTING PROTECTED AREAS.

1. Each Party shall, where necessary, establish protected areas in areas over which it exercises sovereignty, or sovereign rights or jurisdiction, with a view to conserving the natural resources of the Greater Caribbean Region and promoting ecologically use. rational and appropriate of these areas, as well as knowledge and recreation, according to the objectives and characteristics of each of them.

2. Such areas will be established to preserve, maintain, and restore, in particular:

(a) Representative types of coastal and marine ecosystems of the appropriate dimensions to ensure their long-term viability, as well as the conservation of biological and genetic diversity;

b) Habitat and its associated ecosystems critical to the survival and recovery of endemic, threatened or endangered species of flora and fauna;

c) The productivity of ecosystems and natural resources that provide economic or social benefits and of which the well-being of the local population depends; and

d) Areas of special biological, ecological, educational, scientific, historical, cultural, recreational, archaeological, aesthetic, or economic value, including, in particular, those whose ecological and biological processes are essential to the operation of the eco-systems of the Great Caribbean.

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ARTICLE 5o. PROTECTION MEASURES.

1. Each Party, taking into account the characteristics of each protected area over which it exercises sovereignty, or sovereign rights or jurisdiction, and in accordance with its national laws and regulations and with international law, shall adopt progressively the necessary and feasible measures to achieve the objectives for which the protected areas were created.

2. These measures should include, as appropriate:

(a) The regulation or prohibition of dumping or unloading of waste or other substances that may endanger protected areas;

(b) The regulation or prohibition of the discharge or discharge of pollutants into coastal areas, which come from coastal establishments and developments, drainage facilities or any other sources located in their territories;

(c) The regulation of the passage of ships, of any detention or anchorage and of other shipping activities that may have significant adverse environmental effects on the protected area, without prejudice to the rights of innocent passage, transit through the archipelagic sea lanes and freedom of navigation, in accordance with international law;

(d) The regulation or prohibition of fishing, hunting and trapping or harvesting of endangered or endangered species of fauna and flora and their parts or products;

(e) the prohibition of activities that cause the destruction of endangered or endangered species of fauna and flora of their parts and products, and the regulation of any other activity that may harm or disrupt these species, their habitat or associated ecosystems;

f) The regulation or prohibition of the introduction of alien species;

g) The regulation or prohibition of any activity involving the exploration or exploitation of the seabed or its subsoil or a modification of the profile of the seabed;

(h) the regulation or prohibition of any activity involving a modification of the soil profile affecting watersheds, denudation or other forms of degradation of the river basins or the exploration or exploitation of the land; subsoil of the terrestrial part of a protected marine area;

i) The regulation of all archaeological activity, including the removal or damage of any object that could be considered as an archaeological object;

j) the regulation or prohibition of trade, the import and export of endangered or endangered species of fauna, their parts, products and eggs, of endangered or endangered flora, of their parts, products and of archaeological objects that come from protected areas;

k) The regulation or prohibition of industrial activities and other activities that are not compatible with the intended uses for the area by national measures and/or the environmental impact assessment in accordance with Article 13;

l) The regulation of tourism and recreational activities that may endanger the ecosystems of protected areas or the survival of endangered or endangered flora and fauna species, and

m) Any other measure aimed at conserving, protecting or restoring natural processes, ecosystems or populations, for which protected areas were created.

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ARTICLE 6o. PLANNING AND MANAGEMENT REGIME FOR PROTECTED AREAS.

1. To maximise the benefits of protected areas and to ensure effective compliance with the measures set out in Article 5, each Party shall adopt and implement planning measures, management and surveillance and control for protected areas over which it exercises sovereignty, or sovereign rights or jurisdiction. To this end, each Party shall take into account the guidelines and criteria established by the Advisory, Scientific and Technical Committee, in accordance with Article 21, which have been adopted by the meetings of the Parts.

2. Such measures should include:

a) The formulation and adoption of appropriate management guidelines for protected areas;

b) The development and adoption of a management plan that specifies the legal and institutional framework and the management and protection measures applicable to the area or areas;

c) conducting scientific research and monitoring the impacts of users, ecological processes, habitats, species and populations, as well as the performance of activities aimed at improving the management of the areas;

d) The development of awareness and education programmes for users, decision-makers and the general public, which strengthen their appreciation and knowledge of protected areas and the objectives for which they are were established;

e) The active participation of local communities, as appropriate, in the planning and management of protected areas, including the assistance and training of the local population that may be affected by the establishment of protected areas;

f) The adoption of mechanisms to finance the development and effective management of protected areas and to promote mutual assistance programs;

g) contingency plans to respond to incidents that may cause, or threaten to cause, damage to protected areas and their resources;

h) Procedures for the regulation or authorization of activities compatible with the objectives for which protected areas were established; and

i) The training of trained administrators and technical staff and the development of an adequate infrastructure.

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ARTICLE 7o. COOPERATION PROGRAM FOR PROTECTED AREAS AND THEIR REGISTRATION.

1. Within the framework of the Convention and the Plan of Action, the Parties shall establish cooperation programmes, and in accordance with their sovereignty or sovereign rights, or jurisdiction, to advance the objectives of the Protocol.

2. A cooperation program will be established to assist the registry of protected areas and facilitate the selection, establishment, planning, management and conservation of protected areas and the creation of a network of protected areas. For this purpose, the Parties shall formulate a list of protected areas. The Parties shall:

a) Recognize the special importance of registered areas for the Great Caribbean Region;

b) Give priority to areas registered for scientific and technical research, in accordance with article 17;

c) Giving priority to areas registered for mutual aid in accordance with article 18; and

d) Not to authorize or undertake activities that could undermine the purposes for which a registered area was created.

3. The procedures for establishing this register of protected areas are as follows:

a) The Party exercising sovereignty, or sovereign rights or jurisdiction over a protected area shall submit its nomination to be included in the register of protected areas. These nominations shall be made in accordance with the guidelines and criteria relating to the identification, selection, establishment, management, protection and any other elements adopted by the Parties in accordance with Article 21. Each Party submitting a nomination shall provide the Scientific and Technical Advisory Committee, through the Organization, with the necessary documentary evidence, including and in particular, the information referred to in Article 19 (2); and

(b) After the Scientific and Technical Advisory Committee has assessed the nomination and the documentary evidence, it shall inform the Organization if such nomination complies with the guidelines and criteria established in accordance with Article 21. If these guidelines and criteria are met, the Organization shall inform the Meeting of the Contracting Parties, which shall include the nomination in the list of Protected Areas.

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ARTICLE 8o. ESTABLISHMENT OF BUFFER ZONES. Each Party to this Protocol will strengthen, as necessary, the protection of a protected area with the establishment within the areas over which it exercises sovereignty, or sovereign rights or jurisdiction, of one or more buffer zones where the activities are less restricted than in the protected area, but without ceasing to be compatible with the achievement of the purposes of the protected area.

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ARTICLE 9o. PROTECTED AREAS AND BUFFER ZONES ADJACENT TO INTERNATIONAL BORDERS.

1. If a Party intends to establish a protected area or buffer zone adjacent to the border or to the boundaries of the national jurisdiction area of another party, both parties shall consult each other in order to reach an agreement on the measures to be taken and shall, inter alia, examine the possibility of the other Party establishing a protected area or a corresponding contiguous buffer zone, or taking any other appropriate measures, including management programmes in cooperation.

2. If a Party intends to establish a protected area or buffer zone adjacent to the border or to the boundaries of the area of national jurisdiction of a State other than that of this Protocol, the Party shall endeavour to work together with the Parties. competent authorities of that State, in order to carry out the consultations referred to in paragraph 1.

3. Where a Party is aware that a non-Party State intends to establish a protected area or buffer zone adjacent to its border or to the boundaries of the area under its national jurisdiction, that Party shall endeavour to work together with that State in order to carry out the consultations referred to in paragraph 1.

4. If a Party and a State do not Party, establish protected areas or contiguous buffer zones, the former shall, as far as possible, address the provisions of the Convention and its Protocols.

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ARTICLE 10. NATIONAL MEASURES FOR THE PROTECTION OF WILD FLORA AND FAUNA.

1. Each Party shall identify threatened or endangered species of the flora and fauna of the areas over which it exercises sovereignty, or sovereign rights or jurisdiction, and shall grant the status of protected species to such species. Each Party shall regulate and prohibit, in accordance with its laws and regulations, and as appropriate, activities that have adverse effects on those species or their habitats and ecosystems, and shall carry out recovery, management, species planning, and other measures to allow the survival of these species. In accordance with its legal system, each Party shall take appropriate action to prevent the species from being threatened or threatened with extinction.

2. In accordance with its laws and regulations, each Party shall regulate, and be required to prohibit, any form of destruction or disturbance of the protected species of flora, its parts and its products, including harvesting, harvesting, cutting, derooting and possession, as well as the trade of such species.

3. With respect to the species of fauna to which the condition of the protected species has been granted, in accordance with its laws and regulations each Party shall regulate, and if necessary, to prohibit:

(a) Capture, retention or death, including, as far as possible, the capture, retention or accidental death of these species, or trade in the same or their parts and products; and

b) As far as possible, the disturbance of wildlife, especially during periods of reproduction, incubation, invernation, migration, or any other period of biological stress.

4. Each Party shall formulate and adopt policies and plans for the management of the reproduction of the fauna in captivity and propagation of the flora subject to protection.

5. In addition to the measures provided for in paragraph 3, the Parties shall coordinate their efforts through bilateral or multilateral actions, and where necessary, to protect and recover migratory species whose area of distribution extends to areas over which it exercises sovereignty, or sovereign rights or jurisdiction.

6. The Parties shall seek to consult with States not Parties to this Protocol with those with contiguous areas of distribution, in order to coordinate their efforts with regard to the management and protection of migratory, threatened or endangered species. danger of extinction.

7. The Parties shall take the necessary measures, where possible, to reintegrate protected species which have been illegally exported into their State of origin. The Parties should endeavour to reintroduce these species to their original habitats and, if not successful, to use them for scientific studies or for the purposes of education of their population.

8. The measures that the Parties may take pursuant to this Article are subject to the obligations set forth in Article 11 and shall not, under any circumstances, repeal such obligations.

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ARTICLE 11. COOPERATION MEASURES FOR THE PROTECTION OF WILD FLORA AND FAUNA.

1. The Parties shall take measures to ensure the protection and recovery of endangered or endangered species of wild flora and fauna recorded in Annexes I, II and III to this Protocol.

(a) The Parties shall take all appropriate measures to ensure the protection and recovery of the flora species listed in Annex I. To this end, each Party shall prohibit all forms of destruction or disturbance, including harvesting, collection, cutting, disrooting or possession, as well as the trade of these species, of their seeds, parts or products. They shall regulate as far as possible activities likely to have harmful effects on the habitats of species;

(b) Each Party shall ensure the full protection and recovery of the species of fauna recorded in Annex II by prohibiting:

i) Capture, retention or death-including as far as possible the accidental capture, retention or death-or trade of such species, their eggs, parts or products;

ii) As far as possible, the disturbance of such species, especially during periods of reproduction, incubation, hibernation or migration, as well as during their other periods of biological stress.

(c) Each Party shall take all appropriate measures to ensure the protection and recovery of the species of flora and fauna recorded in Annex III, and may regulate the exploitation of these species in order to ensure and conserve their species. populations at the highest possible levels. In coordination with the other Parties, each Party shall, for the species listed in Annex III, prepare, adopt and implement plans for the management and use of those species which may include:

i) For species of fauna:

(a) The prohibition of all non-selective means of capture, death, hunting and fishing, and of all actions that could lead to the local disappearance of a species or a strong disturbance of its tranquility;

b) The establishment of periods of closure and other measures for the conservation of their populations; and

(c) The regulation of the capture, possession, transport or trade of live or dead species or their eggs, parts or products.

ii) For species of flora, of their parts or products, the regulation of their collection, collection and trade.

2. Each Party may grant exemptions from the prohibitions adopted for the protection and recovery of the species recorded in Annexes I and II for scientific, educational or management purposes that are necessary to ensure survival. of these species or to avoid significant damage to forests or crops. These exemptions should not endanger the species and should be notified to the Organization so that the Scientific and Technical Advisory Committee evaluates the appropriateness of the agreed exemptions.

3. Each Party shall also:

a) Give priority to the species contained in the Annexes for scientific and technical research, in accordance with Article 17; and

b) Give priority to the species contained in the Annexes for mutual assistance, in accordance with Article 18.

4. The procedures for amending the Annexes shall be as follows:

(a) Any Party may nominate a species of endangered or endangered flora or fauna for inclusion or deletion in these Annexes and shall, through the Organization, present the evidence to the Scientific and Technical Advisory Committee. documentaries, including and in particular, the information referred to in Article 19. These nominations shall be made in accordance with the guidelines and criteria adopted by the Parties, in accordance with Article 21.

(b) The Scientific and Technical Advisory Committee shall review and evaluate the nominations and documentary evidence and present their views to the meetings of the Parties which are referred to in accordance with Article 23;

(c) The Parties shall review the nominations, documentary evidence and reports of the Scientific and Technical Advisory Committee. A species may be included in the Annexes by consensus of the Parties if possible and, if not possible, by the majority vote of three-quarters of the Parties present and voters, taking into account the Council of the Scientific and Technical Advisory Committee, in the sense that the nomination and documentary evidence complies with the guidelines and criteria set out in accordance with Article 21;

(d) A Party may, in the exercise of its sovereignty or sovereign rights, present a reservation with respect to the registration of a particular species in an Annex, by means of a written notification to the Depositary, within the first 90 days subsequent to the date of the vote of the Parties. The Depositary shall notify the Parties of the reservations received in accordance with this paragraph without delay;

e) A record in the corresponding Annex shall enter into force for all Parties, 90 days after the vote, except for those who have submitted a reservation in accordance with paragraph (d) of this Article; and

f) At any time, a Party may replace an earlier reservation with a record for an acceptance by notifying its written decision to the Depositary. This acceptance shall enter into force for that Party from that date.

5. The Parties shall establish cooperation programmes within the framework of the Convention and the Plan of Action to assist the management and conservation of protected species and shall develop and implement regional recovery programmes for species protected in the Greater Caribbean Region, taking into account other regional conservation measures important for the management of these species. The Organization shall assist the establishment and implementation of these regional programmes. recovery.

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ARTICLE 12. INTRODUCTION OF ALIEN OR GENETICALLY MODIFIED SPECIES. Each Party shall take all appropriate measures to regulate or prohibit the deliberate release into the wild of exotic or genetically altered species which may cause harmful impacts to the flora, fauna or other natural elements of the Great Caribbean Region.

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ARTICLE 13. ENVIRONMENTAL IMPACT ASSESSMENT.

1. In the planning process, it leads to deciding on industrial and other projects and activities that could cause negative environmental impacts, as well as having significant effects on the areas or species under this Protocol has received special protection, each Party shall assess and take into consideration the possible impacts, both direct and indirect, including the cumulative impacts of the projects and activities envisaged.

2. The Organization and the Scientific and Technical Advisory Committee shall, as far as possible, provide guidance and assistance to the Party making such assessments, if requested.

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ARTICLE 14. EXEMPTIONS FOR TRADITIONAL ACTIVITIES.

1. When formulating management and protection measures, each Party shall consider and grant exemptions, as necessary, to meet the traditional cultural and subsistence needs of their local populations. As far as possible, no exemption allowed for this reason shall be such that:

a) endanger both the conservation of protected areas under the terms of this Protocol, and the ecological processes that contribute to the sustainability of these protected areas, or

b) cause either extinction, an important risk or a considerable reduction in the number of individuals that make up the populations of the species of fauna and flora of the protected areas, of any species or related populations ecologically, in particular migratory species and threatened, endangered or endemic species.

2. The Parties which grant exemptions to the protection measures shall inform the Organization.

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ARTICLE 15. CHANGES IN THE SITUATION OF PROTECTED AREAS OR SPECIES.

1. Changes in the delimitation or legal status of a protected area, or of one of its Parties, or of a protected species, may only be carried out for important reasons taking into account the need to protect the environment, in accordance with provisions of this Protocol and after notifying the Organization.

2. The status of the areas and species should be reviewed and evaluated periodically by the Scientific and Technical Advisory Committee based on the information provided by the Parties through the Organization. The areas and species may be removed from the register of areas or the Annexes to the Protocol following the same procedure as was used to incorporate them.

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ARTICLE 16. POPULARIZATION, INFORMATION, AWARENESS AND EDUCATION OF THE POPULATION.

1. Each Party shall disclose the establishment of protected areas, in particular with regard to its limits, buffer zones and applicable regulations, as well as to the designation of protected species, in particular their habitat. critical and applicable regulations.

2. In order to promote awareness of the population, each Party should strive to inform the public as widely as possible, on the importance and value of protected areas and species and scientific knowledge and other benefits. which can be obtained from the same or from the changes that occur in them. This information should be an appropriate place in the educational programmes relating to the environment and history. Each Party shall also endeavour to promote the participation of its population and conservation organisations to the extent necessary for the protection of the areas and species concerned.

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ARTICLE 17. SCIENTIFIC, TECHNICAL AND MANAGEMENT RESEARCH.

1. Each Party shall promote and develop scientific, technical and management research for protected areas including, and in particular, their ecological processes and archaeological, historical and cultural heritage, as well as the endangered or endangered flora and fauna and their habitat.

2. Each Party may consult with other Parties and with relevant regional and international organisations, with a view to identifying, planning and undertaking scientific and technical research and surveillance programmes, necessary for characterize and monitor protected areas and species and assess the effectiveness of the measures taken to implement management and recovery plans.

3. The Parties shall exchange, directly or through the Organization, the scientific and technical information relating to the current and planned research and surveillance programmes, as well as the results thereof. As far as possible, they will coordinate their research and surveillance programmes and seek to standardise the procedures for collecting, reporting, archiving and analysing relevant scientific and technical information.

4. The Parties shall, in accordance with the provisions of paragraph 1 above, compile complete inventories of:

(a) areas over which it exercises sovereignty, or sovereign rights or jurisdiction that contain rare or vulnerable ecosystems; that are reservoirs of biological or genetic diversity; that they have an ecological value for the conservation of resources; economically important; that they are substantive for threatened or endangered species or migratory species, or areas that have an aesthetic, recreational, tourist or archaeological value; and

(b) species of flora or fauna that are susceptible to being incorporated in the records as threatened or endangered in accordance with the criteria laid down in this Protocol.

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ARTICLE 18. MUTUAL ASSISTANCE.

1. The Parties shall cooperate, directly or with the assistance of the Organization or other relevant international organizations, in the formulation, drafting, financing and implementation of assistance programs to those Parties. request, for the selection, establishment and management of protected areas and species.

2. These programs should include the environmental education of the population, the training of scientific, technical and administrative personnel, scientific research and the acquisition, utilization, design and development of appropriate equipment under Favourable conditions to be agreed between the Parties concerned.

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ARTICLE 19. NOTIFICATIONS AND REPORTS TO THE ORGANIZATION.

1. Each Party shall regularly notify the Organization of:

(a) the situation of existing and newly established protected areas, buffer zones and protected species in areas over which they exercise sovereignty or sovereign rights or jurisdiction, and

b) changes in the limits or legal status of protected areas, buffer zones and protected species in areas over which they exercise sovereignty or sovereign rights or jurisdiction.

2. Reports on protected areas and buffer zones should include the following data:

a) name of the area or zone;

b) biogeography of the area or area (limits, physical characteristics, climate, flora and fauna);

c) legal status, in relation to relevant national laws and regulations;

d) date and history of the establishment;

e) protected area management plans;

f) importance to cultural heritage;

g) research and visitor facilities, and

h) threats to the area or area, especially threats arising out of the Party's jurisdiction.

3. Reports on protected species should include, as far as possible, information on:

a) scientific and common name of species;

b) estimated populations of the species and their geographical distribution.

c) status of legal protection in relation to relevant national laws or regulations;

d) ecological interactions with other species and specific habitat requirements;

e) management and recovery plans for threatened or endangered species;

f) research programmes and scientific and technical publications available on species, and

g) threats to protected species, their habitats and their associated ecosystems, especially threats arising out of the Party's jurisdiction.

4. Reports that the Parties provide to the Organization will be used for the purposes outlined in Articles 20 and 22.

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ARTICLE 20. SCIENTIFIC AND TECHNICAL ADVISORY COMMITTEE.

1. A Scientific and Technical Advisory Committee is established.

2. Each Party shall appoint a qualified scientific expert in the subject matter of the Protocol, as its representative in the Scientific and Technical Advisory Committee, which may be accompanied by other experts and advisers appointed by that Party. The Committee may also request information from experts and scientific and technically qualified organisations.

3. The Committee, through the Organization, shall be responsible for providing the Parties with advice on the following scientific and technical matters related to the Protocol:

a) registration of protected areas in accordance with the provisions of article 7or;

(b) the record of protected species in accordance with the provisions of Article 11;

c) reports on the management and protection of protected areas and species and their habitats;

d) proposals for technical assistance in training, research, education and management, including species recovery plans;

e) environmental impact assessment according to article 13;

f) formulation of common guidelines and criteria according to article 21, and

g) any other matter related to the application of the Protocol, including matters referred to by the meetings of the Parties.

4. The Committee shall adopt its own Rules of Procedure.

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ARTICLE 21. SETTING COMMON GUIDELINES AND CRITERIA.

1. At their first meeting, or as soon as possible, after the meeting, the Parties shall evaluate and adopt common guidelines and criteria formulated by the Scientific and Technical Advisory Committee, in particular with:

a) identification and selection of protected areas and species;

b) setting up protected areas;

c) the management of protected areas and protected species including migratory species. and

d) the provision of information on protected areas and species including migratory species.

2. In compliance with this Protocol, the Parties shall take into account these common guidelines and criteria without prejudice to the right of a Party to adopt stricter guidelines and criteria.

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ARTICLE 22. INSTITUTIONAL ARRANGEMENTS.

1. Each Party shall designate a Focal Point which shall liaise with the Organization on the technical aspects of the implementation of this Protocol.

2. The Parties appoint the Organization to perform the following Secretariat functions:

(a) convene and assist meetings of the Parties;

b) assist in obtaining funds as provided for in Article 24;

(c) assisting the Parties and the Scientific and Technical Advisory Committee in cooperation with competent international, intergovernmental and non-governmental organizations to: facilitate technical and scientific research programmes as appropriate; Article 17.

facilitate the exchange of scientific and technical information between the Parties as provided for in Article 16.

-formulate recommendations that contain common guidelines and criteria according to article 21.

-prepare, when requested, management plans for protected areas and species according to the 6or and 10articles, respectively. develop cooperation programs according to 7or 11.

-prepare, when requested, environmental impact assessments in accordance with article 13.

-prepare educational materials for different groups identified by the Parties, and reintegrate wild flora and fauna as well as their parts or products that have been illegally exported to their State of origin.

d) to prepare common formats for the use of the Parties serving as the basis for notifications and reports to the Organization, as provided for in Article 19;

e) maintain and update protected area and species databases that contain infamation in accordance with 7or 11, as well as edit directories regularly updated on protected areas and species;

f) prepare the directories, reports, and technical studies that may be required for compliance with this Protocol;

g) cooperate and coordinate with regional and international organizations interested in the protection of areas and species, and

h) perform all other functions that the Parties assign to this Organization.

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ARTICLE 23. MEETINGS OF THE PARTIES.

1. The ordinary meetings of the Parties shall be held in conjunction with the ordinary meetings of the Parties to the Convention, which are held in accordance with Article 16 of the Convention. The Parties may also hold extraordinary meetings in accordance with Article 16 of the Convention. The meetings shall be governed by the Rules of Procedure adopted in accordance with Article 20 of the Convention.

2. The functions of the meetings of the Parties to this Protocol shall be:

a) monitor and direct the execution of this Protocol;

b) approve the use of the funds referred to in Article 24;

c) monitor and provide guidance to the Organization as to its policies;

d) to study the effectiveness of the measures taken for the management and protection of areas and species, and to examine the need for other measures, in particular in the form of Annexes, as well as amendments to this Protocol or its Annexes;

e) track the establishment and development of the network of protected areas and recovery plans for species protection as provided for in Articles 7or href="ley_0356_1997.html#11"> 11;

f) adopt and review, as needed, guidelines and criteria, as provided by article 21;

g) analyze the opinion and recommendations of the Scientific Advisory Committee v Technical under article 20

h) review reports submitted by the Parties to the Organization pursuant to Article 22 of the Convention and Article 19 of this Protocol, as well as any other information that the Parties may forward to the Organization or to the meeting of the Parties, and

i) to attend to any other matters as appropriate.

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ARTICLE 24. Financial assistance. In addition to the funds provided by the Parties in accordance with paragraph 2.  Article 20 of the Convention. Parties may instruct the Organization to seek additional funds. These may include voluntary contributions from the Parties, other governments and government agencies, non-governmental organizations, international, regional, and private sector organizations and individuals. related to the Protocol.

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ARTICLE 25. LINKS TO OTHER CONVENTIONS RELATED TO THE SPECIAL PROTECTION OF WILD FLORA AND FAUNA. Nothing contained in this Protocol may be interpreted in any way that may affect the rights and obligations of the Parties in accordance with the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) and the Convention on the Conservation of Migratory Species of Wild Animals (CMS).

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ARTICLE 26. TRANSITIONAL PROVISION. The initial version of the Annexes, which constitute an integral part of the Protocol, shall be adopted by consensus at a Conference of Plenipotentiaries of the Contracting Parties to the Convention.

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ARTICLE 27. ENTRY INTO FORCE.

1. The Protocol and its Annexes once they have been adopted by the Contracting Parties to the Convention shall enter into force in accordance with the procedure laid down in Article 28, paragraph 2 of the Convention.

2. The Protocol shall enter into force only if the Annexes in their original version have been adopted by the Contracting Parties to the Convention in accordance with Article 26.

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ARTICLE 28. FIRST. This Protocol shall be open for signature, by any Party of the Convention, in Kingston, Jamaica, from 18 to 31 January 1990 and in Bogotá, Colombia, from 1. from February 1990 to 17 January 1991.

In faith of which the undersigned, duly authorized by their respective governments, have signed this Protocol.

Made in Kingston, Jamaica, at the eighteen days of the month of January of the year thousand nine hundred and ninety, in a single copy, in the Spanish, French and English languages, the three texts being equally authentic.

Annexes to the Protocol Concerning Specially Protected Areas and Wildlife to the Convention for the Protection and Development of the Marine Environment of the wider Caribbean Region

Annexes au Protocolé Relatif aux Zones et à la Vie Sauvage Specialement Protegées se Rapportant à la Convention Pour la Protection et la mise en valeur du milieu marin de la Région Des Caraibes

Annexes to the Protocol on the Protection and Development of the Marine Environment of the Greater Caribbean Region on the Convention for the Protection and Development of the Marine Environment.

United Nations

Nations Unies

United Nations

1991

ANNEX I/ ANNEXE l/ANNEX I

List of Species of Marine and Coastal Flora Protected UnderArticle 11 (1) (a)

Liste des especes de flore marine et cotière protégées en vertu del ' Article 11 (1) (a)

List of Marine and Coastal Flora Species Protected under article 11 (1) (a)

TRACHAEOPHYTA (Vascular Plants/Vasculaires/Vascular Plants)

ANNEXIl/ ANNEXEl/ ANNEX II

List of Species of Marine and Coastal Fauna Protected Under Article 11 (1) (b)

Liste des especes de faune marine et cotière protégées en vertu del ' Article 11 (1) (b)

List of Marine and Coastal Fauna species Protected under article 11(1) (b)

Class/Class/Class: GASTROPRUNING

Order/Ordre/Order: PULMONATA

ANNEX III/ANNEXE lII/ANNEX III

List of Species of Marine and Coastal Flora and Fauna Protected Under

Article 11 (1) (c)

Liste des especes de flore et faune Marines et cotières protégées en vertu de l' Article 11 (1)

c) List of Marine and Coastal Flora and Fauna Species Protected under article 11(1) (c)

FLORA TRACHAEOPHYTA (Vascular Plants)

The undersigned Head of the Legal Office of the Ministry of Relations

Foreign,

NOTES:

That the present reproduction is a faithful photocopy of the original of the "Protocol on the Protection and Development of the Marine Environment of the Great Caribbean Region" and its annexes, adopted in Kingston on June 11, 1991, documents that lie in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at twenty-four (24) days

of the month of July of a thousand nine hundred and ninety-five (1995).

HECTOR ADOLFO SYNTURA VARELA

the Head Legal Office

EXECUTIVE BRANCH OF THE PUBLIC POWER-PRESIDENCY OF THE REPUBLIC.

Santa Fe de Bogota, D. C., April 3, 1995.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

(Fdo.) RODRIGO PARDO GARCIA-PENA

The Foreign Minister

DECRETA:

ARTICLE 1A. Approve the "Protocol on the Protected Areas and Flora and Wild Fauna of the Convention for the Protection and Development of the Marine Environment of the Greater Caribbean Region" done at Kingston on 18 January 1990 and the Annexes to the Protocol on the Protection and Development of the Marine Environment of the Great Caribbean Region, adopted at the time of the Convention on the Protection and Development of the Marine Environment Kingston on June 11, 1991.

ARTICLE 2A. Pursuant to article 1o. of Law 7a.  1994, the Protocol on the Protection and Development of the Marine Environment of the Region of the Great Caribbean, in Kingston on 18 January 1990 and the Annexes to the Convention on the Protection of the Environment, Public Health and Consumer Protection Protocol on the Protection and Development of the Marine Environment of the Great Caribbean Region, adopted in Kingston on 11 June 1991, which is a protocol for the Convention for the Protection and Development of the Marine Environment of the Great Caribbean Region. of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3A. this law governs from the date of its publication.

LUIS FERNANDO LONDONO CAPURRO

The President of the honorable Senate of the Republic

PEDRO PUMAREJO VEGA

The Secretary General of the honorable Senate of the Republic

GIOVANNI LAMBOGLIA MAZZILLI

The President of the Honourable House of Representatives

DIEGO VIVAS TAFUR

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND PUBLISH

Dada en Santa Fe de Bogotá, D. C., a 21 de enero de 1997

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

ERNESTO SAMPER PIZANO

MARIA EMMA MEJIA VELEZ

The Foreign Minister

JOSE VICENTE MOGOLLON VELEZ

The Minister of the Environment

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