The Adoption Of The Agreement On The Conservation Of Bats In Europe

Original Language Title: o přijetí Dohody o ochraně netopýrů v Evropě

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=42206&nr=208~2F1994~20Sb.&ft=txt

208/1994 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Change: 137/2002 Coll., m.s.



Ministry of Foreign Affairs says that the 4 June. December 1991 was in

London adopted the agreement on the conservation of bats in Europe.



The instrument of accession of the Czech Republic to this agreement was deposited with the Government of

United Kingdom of Great Britain and Northern Ireland, the depositary

The agreement of 24 October. February 1994.



Agreement entered into force, pursuant to article XII of the day 16. January

for the Czech Republic in 1994 and entered into force on the basis of the same

Article date 26. March 1994.



Czech translation of the agreement shall be published at the same time.



The AGREEMENT



on the conservation of populations of European Bats



The Contracting Parties



with reference to the Convention on the conservation of migratory species of wild

animals, whose signing was opened 23. June 1979 in Bonn;



Affirming that the preservative status of bats in European and non-European

range States is negative and, in particular, that there is the serious

the threat to the destruction of their natural environment, disrupting their

safe assembly points and certain pesticides;



Mindful that the threat which the bats in Europe and non-European

range States are facing, it is common for migratory species and nestěhovavé

and that aggregators are often shared migratory and nestěhovavými species;



Recalling that at the first meeting of the Conference of the parties to the participation

Convention on the conservation of migratory species of wild animals, which are

took place in October 1985 in Bonn, has been ratified to the inclusion

the European species of the order CHIROPTERA (bats of the family Rhinolophidae and

Vespertilionidae) in annex II to the Convention and was issued to instruct the Secretariat

The Convention, to take appropriate steps for the elaboration of these agreements

species;



in the belief that the conclusion of the agreement, which would cover the appointed

the species, would be an important contribution to the protection of bats in Europe and in the

non-range States;



have agreed the following:



Article. (I)



The scope and interpretation of the terms



From the perspective of the needs of this agreement:



and) "Convention" means the Convention on the conservation of migratory species of wild

animals (Bonn 1979);



(b)), the term "bats" means the populations of species of Chiroptera (flying fish)

listed in annex 1 to this agreement, which occur in Europe and in the

non-range States;



(c)), the term "range State" is the designation for any State (irrespective of the

whether it is a party to the Convention or not), which exercises jurisdiction over

any part of the area of occurrence of the species covered by this agreement;



(d)), the term "regional economic integration organization" refers to the

organization composed of sovereign States, which are subject to this agreement,

having the competence to address issues in the agreement included and empowered, in accordance

with internal legislative procedures, to sign, ratify, accept,

to approve the said Agreement or accede to it;



(e)), the term "parties" shall apply to the parties to this agreement, if the text of the

does not follow the other link;



(f)), the term "Europe" is the designation of the European continent.



Article II



General provisions



1. this agreement is the agreement concluded in accordance with the provisions of paragraph 3

Article IV of the Convention.



2. the provisions of this Agreement shall not relieve the parties of their obligations

resulting from any existing Treaty, Convention or agreement.



3. each party to this Agreement shall provide for one or more of the competent authorities,

on which it will be transferred the responsibility for the implementation of this agreement. At the same time

other parties to this Agreement shall communicate the name and address of such authority or

authorities.



4. the Contracting Parties on the basis of consultations with the parties to the Convention

shall provide for adequate administrative and financial support for activities that

with the agreement.



5. the annexes to this agreement form an integral part thereof. Any reference to the

the agreement is at the same time a reference to its annexes.



Article. (III)



Basic obligations



1. Each Contracting Party shall prohibit the intentional taking, possession or killing

bats, except that the consent of the competent authority shall issue.



2. Within the territory of their jurisdiction, each Party shall designate such sites,

which are important for bats, including preservative status places for shelter

and protection. Taking into account the necessary economic and social factors,

ensure the protection of such sites prior to destruction or vyrušováním. Each

the party will also seek to list and protect important territory, in

which bats are food.



3. When deciding on the natural habitats, which gets General

protection, each party will take into account the important sites for

the bats.



4. Each Party shall take the appropriate steps to protect the bats, and

will inform the public about the importance of such protection.



5. Each Party shall designate an appropriate authority or persons responsible for providing the

advisory activities for the protection of bats and for its control, on their territory,

in particular as regards the bats in buildings. About their

the experience from this area, the Contracting Parties shall exchange

information.



6. Each Party shall take such additional steps which it deems necessary to

for the protection of the populations of bats, which leads to the conclusion that they are

at risk, and in accordance with article VI of the report of its procedure.



7. Each Party shall, in an appropriate manner to support research programs

focused on the conservation of bats and their protection. The parties will be

inform each other of the above research programmes and will be

seek coordination referred to research and conservation programs.



8. Where appropriate, will consider the effects of each party to the application

pesticides on bats and will try to replace the chemicals used

for the treatment of wood with a highly toxic effects on bats with safer

alternatives.



Article IV



The measures undertaken at the national level



1. Each Party shall develop and implement such legislative and

administrative measures will be necessary for the effective implementation of

the provisions of this agreement.



2. the measures laid down in this agreement in any way restrict the rights

the Contracting Parties to adopt stricter measures for the protection of bats.



Article. In



The meeting of the parties



1. the parties to this Agreement shall implement a regular meeting. The Government of the

The United Kingdom shall convene the first meeting of the parties, no later

than three years from the time when the agreement enters into force. The Contracting

the Parties shall adopt rules of procedure governing meetings will be

control and financial policy, including budgetary measures and the determination of the

the amount of the contributions for the coming financial period. These principles

to be adopted by a two thirds majority of those present and voting

the representatives of the Contracting Parties. Decision on financial matters shall be adopted in

a three-fourths majority of voting representatives.



2. During the meeting of the parties are entitled to operatively establish scientific

and other working groups, if they consider it appropriate.



3. Any range State or regional economic organization

integration, which are not parties to this agreement, the Secretariat of the Convention, the Council

Europe through the Secretariat of the Convention on the protection of the European fauna and

flora and natural habitats and similar intergovernmental organization may

to participate in the meeting as observers. Any organisation or person

technically qualified for the protection of bats and for the management of such

conservation activities may participate in the meeting as observers,

If at least one-third of the Contracting Parties an objection against it.

Only the Contracting Parties may vote at the meeting of the parties.



4. With the exception of the provisions in paragraph 5, each party to this

the agreement has one voice.



5. Regional economic integration organizations that are parties to this

the agreement, have the right to vote on matters within their competence,

with the use of so many votes, how many have members from among the States which are

Parties to the agreement and take part in the vote. However, do not have this right in

If their Member States vote separately, and vice versa.



Article VI



Report on the application of the agreement



Each party at each meeting of the parties to submit to the current

report on its share of the application of this agreement. The other Contracting

This report shall be forwarded to the parties no later than 90 days before the beginning of sound

the meeting.



Article. (VII)



Amendments To The Agreement



1. This agreement may be amended at any meeting of the

of the parties.



2. Proposals for amendments may be submitted by any party.



3. the Text of any proposed amendment and the reasons leading to its

the formulation, should be submitted at least 90 days before the depozitorovi

beginning of the meeting. Depozitor shall transmit without delay a copy of the text by the Contracting

parties.



4. Amendment to the agreement other than an amendment to its annexes shall be adopted in

a two-thirds majority of the Parties present and voting and shall enter into

into force for the parties which have accepted them, the sixtieth day after the deposit of the fifth

the instrument of acceptance of the amendment with the depositary. Then shall enter into force

for the Party on the thirtieth day after the deposit of its instrument of acceptance of the amendment by the

the depositary.



5. Any additional annexes and amendments to the annexes shall be adopted by a two-thirds

a majority of Parties present and voting and shall enter into force for
all parties to the sixtieth day after receipt of the meeting of the parties, with the exception of

the parties that have expressed a reservation in accordance with paragraph 6 of this article.



6. during the 60-day period laid down in paragraph 5 of this article may

any party in the form of a written notification to the depositary make a reservation

against the additional annex or amendment to an annex. This reservation may be

downloaded to the depositary at any time, and then enter additional

the annex or amendment enter into force for the party concerned from the 60th day after the

withdrawal of reservations.



7. Any State which becomes a party to the agreement after the entry into force of the changes in

force, unless other intention is:



(a) considered the party to the agreement on the text of the adopted amendments; and



(b) be considered parties to the agreement in the same wording in relation to the

any party which is not bound by the amendment.



Article. (VIII)



Reservations



The provisions of this Agreement are not subject to General reservations. Range State

or regional economic integration organization may, at the time when the

accordance with article X or XI become a party, make your

specific reservations concerning any particular species of bats.



Article. (IX)



Settlement of disputes



Any dispute which may arise between the Contracting Parties in

connection with the interpretation or application of the provisions of this Agreement shall be

solved by negotiation the parties involved.



Article. X



Signature, ratification, acceptance and approval



This agreement will be exposed to the signature range States or

regional organizations of economic integration, which may become

the contracting parties either



and the signature without reservations in) the case of the ratification, acceptance or approval, or



b) signature subject to ratification, in the case of adoption or approval, after

which is followed by ratification, acceptance or approval.



The documents of ratification, acceptance or approval shall be deposited with the

depozitora.



The agreement will remain open for signature until its entry into force.



Article. XI



Accession to the agreement



Range State or regional economic integration organization may

Agreement to proceed after it enters into force. Documents concerning the accession of

will be stored in depozitora.



Article. XII



Entry into force of



This agreement shall enter into force 90. day from the moment when the five

range States in accordance with article X to become Contracting Parties. Then

This agreement shall enter into force for each signatory or acceding

State 30. the day after the deposit of its instrument of ratification, acceptance or

approval or access depozitora.



Article. XIII



Termination of the agreement and the termination of its validity



Any Contracting Party is entitled to terminate this agreement at any time

by a written notice addressed to the depozitorovi. Denunciation shall take effect

12 months from the time when depozitor receives the notification. The agreement remains in

force for at least ten years, and then will be terminated on the date on

which is equal to at least five of the Contracting Parties.



Article. XIV



Depozitor



The original of this agreement in the English, French and German, and

each version will be completely authentic, shall be deposited with the Government of the United

the Kingdom, which will be depozitorem and will distribute the confirmed specimens

all States and any regional economic integration organization,

signatory to the agreement, or deposited documents on ratification, acceptance,

approval or accession.



Depozitor will inform all range States and regional

the Organization of economic integration of signatures, deposit of instruments of

ratification, acceptance, approval or accession, the entry into force of this agreement and

its entry into force, on the reservations and notifications of denunciation.



Annex 1



Species of the order Chiroptera (flying fish), which occur in Europe, and to which

covered by this agreement

faceplates. Pteropodidae-kaloňovití

Rousettus egyptiacus (Geoffroy, 1810)-the Egyptian fruit bat



faceplates. Emballonuridae-embalonurovití

Taphozous nudiventris (Cretzschmar, 1830)-bat lysobřichý



faceplates. Rhinolophidae-vrápencovití

Rhinolophus blasii Peters, 1866-vrápenec Blasiův

Rhinolophus euryale Blasius, 1853-vrápenec South

Rhinolophus ferrumequinum (Schreber, 1774)-the big vrápenec

Rhinolophus hipposideros (Bechstein, 1800)-vrápenec small

Rhinolophus mehelyi Matschie, 1901-vrápenec Mehelyův



faceplates. Vespertilionidae-netopýrovití

Barbastella barbastellus (Schreber, 1774)-bat black

Barbastella leucomelas (Cretzschmar, 1830)-bat rock

Eptesicus bottae (Peters, 1869)-bat Ogněvův

Eptesicus nilssonii (Blasius, 1839 & Keyserling)-bat North

Eptesicus serotinus (Schreber, 1774)-bat evening

Myotis bechsteinii (Kuhl, 1817)-bat velkouchý

Myotis blythii (Tomes, 1857)-bat East

Myotis brandtii (Eversmann, 1845)-bat Brandtův

Myotis capaccinii (Bonaparte, 1837)-a long-legged bat

Myotis dasycneme (Boie, 1825)-bat coastal

Myotis daubentonii (Kuhl, 1817)-bat water

Myotis emarginatus (Geoffroy, 1806)-bat brvitý

Myotis myotis (Borkhausen, 1797)-bat big

Myotis mystacinus (Kuhl, 1817)-bat bearded

Myotis nattereri (Kuhl, 1817)-bat řasnatý

Myotis schaubi Kormos, 1934-bat Schaubův

A lasiopterus (Schreber, 1780)-a huge bat

A leisleri (Kuhl, 1817)-bat tree

A noctula (Schreber, 1774)-bat Rusty

Otonycteris hemprichii Peters, 1859-bat family felidae

Pipistrellus kuhlii (Kuhl, 1817)-bat South

Pipistrellus nathusii (Blasius, 1839 & Keyserling)-bat

parks

Pipistrellus pipistrellus (Schreber, 1774)-bat a hissing

Pipistrellus Pygmy ^ 1) (Leach, 1825)-Pipistrelle

Pipistrellus savii (Bonaparte, 1837)-bat Saviův

Plecotus auritus (Linnaeus, 1758)-bat eared

Plecotus austriacus (Fischer, 1829)-bat dlouhouchý

Vespertilio murinus Linnaeus, 1758-bat varied

Miniopterus schreibersii (Kuhl, 1817)-avian migratory



faceplates. Molossidae-tadaridovití

Tadarida teniotis (Rafinesque, 1814)-tadarida European



1) Nomenclature has not yet been confirmed by the International Commission for the

Zoological Nomenclature (ICZN).