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).
