Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2005-495 of 19 May 2005 authorizing the approval of the agreement on the conservation of albatros and petrels (both annexes);
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
Having regard to Decree No. 61-1300 of 30 November 1961 on the publication of the Treaty on Antarctica, signed on 1 December 1959;
In view of Decree No. 82-975 of 15 November 1982 on the publication of the Convention on the Conservation of Antarctica's Marine Fauna and Flora (a joint annex), signed in Canberra on 20 May 1980;
In view of Decree No. 90-962 of 23 October 1990 on the publication of the Convention on the Conservation of Migratory Species of Wild Fauna (as a whole two annexes), made in Bonn on 23 June 1979, as amended in Bonn on 28 October 1985;
In view of Decree No. 96-774 of 30 August 1996 on the publication of the United Nations Convention on the Law of the Sea (a set of nine annexes), signed at Montego Bay on 10 December 1982, and of the Agreement on the Application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, made in New York on 28 July 1994 (a consolidated annex);
In light of Decree No. 98-861 of 18 September 1998 on the publication of the protocol to the Antarctic Treaty on Environmental Protection, signed in Madrid on 4 October 1991,
Decrete:
The agreement on the conservation of albatros and petrels (two annexes), signed in Canberra on 19 June 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
SUR LA CONSERVATION DES ALBATROS ET DES PÉTRELS
(SECOND APPENDIX)
Contracting Parties,
Recalling that the Convention for the Protection of Migratory Species of Wild Fauna, 1979 (the Convention) encourages international cooperation in the conservation and management of migratory species; and that its Parties are encouraged to sign agreements on wild animals that regularly cross the boundaries of their national jurisdiction;
Considering that the fifth meeting of the Conference of the Parties to the Convention, held in Geneva in April 1997, included all species of southern hemisphere albatros in Annexes I or II;
Recalling that the sixth meeting of the Conference of the Parties to the Convention, held in South Africa in November 1999, included various species of petrels in Annex II, that it highlighted the threats to many species, including on albatros and petrels, by accidental catches associated with fishing, and that it instructed the Parties concerned to develop an agreement under the Convention on the conservation of albaters
Taking note of the work carried out by the group of temperate countries of the South on the environment (or group of Valdivia) on the need to address the threats to the populations of southern hemisphere albatros, as well as the support of Australia for this cause in the context of the Convention;
Recognizing that albatros and petrels are an integral part of marine ecosystems, which must be protected for present and future generations, and that their protection is a matter of common interest, particularly in the southern hemisphere;
Aware that factors such as the deterioration and disruption of their habitats, pollution, reduced food resources, the use and abandonment of non-selective fishing gear at sea, and, in particular, accidental mortality in commercial fishing activities may adversely affect the conservation status of albatros and petrels;
Persequented that the vulnerability of the species of albatros and petrels of the southern hemispheres to such threats justifies the implementation of specific conservation measures by the states of the range, wherever they do not exist yet;
Acknowledging, noting past and ongoing scientific research, the limitations of our knowledge in the biology, ecology and dynamics of the albatros and petrels populations, and the need to make research in cooperation and control the evolution of these species in order to fully implement effective conservation measures;
Aware of the cultural importance of albatros and petrels for certain indigenous populations;
Persequented that the signing and implementation of a multilateral agreement through coordinated and concerted actions will greatly contribute to the protection of the albatros and the southern hemisphere and their habitats, in the most effective way;
Noting that it would be good in the future to include the albatros and petrels of the northern hemisphere in this Agreement, with a view to promoting the coordination of conservation measures taken by the States of the range of distribution;
Recalling the obligation stipulated in the United Nations Convention on the Law of the Sea, 1982, to protect and preserve the marine environment;
Recognizing the importance of the Antarctic Treaty, 1959, and the Convention on the Conservation of Antarctica's Marine Fauna and Flora, 1980, which the Commission adopted conservation measures to reduce accidental capture, in particular albatros and petrels, in the area of application of the said Convention;
Recognizing further that the Convention for the Conservation of Southern Red Tuna, 1992, empowers its Commission to adopt conservation measures to reduce the accidental capture of seabirds;
Acknowledging that the United Nations International Plan of Action for Agriculture and Food to Reduce Accidental Capture of Seabirds in Palangre Fisheries was adopted in 1999, and that various conventions related to the conservation and management of marine fauna and flora can contribute positively to the protection of albatros and petrels;
Recognizing Principle 15 of the Rio Declaration on Environment and Development, 1992, that the precautionary approach should generally be adopted to protect the environment;
Recalling further that, under their Convention on Biological Diversity, 1992, Parties are required to cooperate with each other or through relevant international organizations to protect biological diversity,
agreed that:
Article I
Scope of application, definitions and interpretation
1. This Agreement shall apply to the species of albatros and petrels contained in Annex 1 to this Agreement and to their range as defined in paragraph 2 (i) of this Article.
2. For the purposes of this Agreement:
(a) "albatros" and/or "petrels" means any species, subspecies or populations of albatros and/or, as the case may be, of petrels listed in Appendix 1 to this Agreement;
(b) "Secretariat" means the body established in accordance with Article VIII of this Agreement;
(c) "Convention" means the Convention on the Conservation of Migratory Species of Wild Fauna, 1979;
(d) "UNCLOS" means the United Nations Convention on the Law of the Sea, 1982;
(e) "CCAMLR" means the Convention on the Conservation of Marine Fauna and Flora of the Antarctic, 1980;
(f) The body established in accordance with Article IX of the Convention shall be defined by "the secretariat of the Convention";
(g) "Advisory Committee" means the body established in accordance with Article IX of this Agreement;
(h) "Party", unless otherwise specified, means a State or regional economic integration organization that is a Party to this Agreement;
(i) "Distribution area" means all terrestrial or aquatic surfaces that albatros or petrels live, frequent temporarily, cross or fly at any time on their usual migration route;
(j) Habitat means any area that provides the necessary living conditions for albatros and/or petrels;
(k) "Parties present and participating in the vote" means Parties present and voting for or against; Parties abstaining from voting shall not be among the Parties present and participating in the vote;
(l) "Migratory species" means a whole population, or a geographically separated part of the population of any species or of any lower taxon of wild animals, a large fraction of which crosses cyclically and foreseeably one or more of the national limits;
(m) It is understood by "state of conservation of a migratory species", all influences that, acting on this migratory species, can affect its long-term distribution and abundance of its population;
n) "The state of conservation" is said to be "friendly" when all of the following conditions are met:
(i) data on the dynamics of the populations of the migratory species in question indicate that this species is maintained in the long term;
ii) the extent of the range of this migratory species does not decrease at present and may not decrease in the long term;
(iii) there is, and it will continue to exist in the foreseeable future, sufficient habitat for the population of this migratory species to remain in the long term; and
(iv) the distribution and abundance of this migratory species are close to their extent and historical levels as there are ecosystems that are likely to be suitable for that species and to the extent that it is compatible with wise management of wildlife;
(o) "The state of conservation" is said to be "unfavourable" when any of the conditions set out in paragraph (n) above is not met;
(p) "State of the range of distribution" means any State that exercises its jurisdiction over any part of the range of distribution of the albatros or petrels or a State whose flag-bearing vessels carry out, or are likely to carry out, outside the limits of its national jurisdiction, the levying of albatros or pettrels;
(q) It is meant by "take a levy" to take, hunt, fish, capture, harass, kill deliberately or attempt to undertake any of the above actions; and
(r) A "regional economic integration organization" means an organization constituted by the sovereign States of a particular region, whose competence extends to the matters governed by this Agreement and which has been duly authorized, in accordance with its domestic provisions, to sign, ratify, accept, approve or accede to this Agreement.
3. Any regional economic integration organization that becomes a Party to the Agreement, while none of its member States is a Party, is bound by all obligations under the Agreement. In the event that one or more member States of such an organization would also be Parties to the Agreement, the organization and its member States would decide on their respective responsibilities in the implementation of their obligations under the Agreement. In this case, neither the organization nor the Member States would be entitled to exercise their rights simultaneously under the Agreement.
4. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations declare the scope of their jurisdiction with respect to matters governed by the Agreement. They shall promptly inform the Depositary, who in turn informs Parties of any significant changes in the scope of their jurisdiction.
5. This Agreement is defined as a AGREEMENT within the meaning of Article IV (3) of the Convention.
6. The annexes to this Agreement are an integral part of this Agreement. Any reference to the Agreement implies a reference to the annexes to the Agreement.
Article II
Basic objectives and principles
1. The objective of this Agreement is to achieve and maintain a state of conservation favourable to albatros and petrels.
2. Parties shall, in an individual and concerted manner, take measures to achieve this objective.
3. By implementing these measures, Parties must widely apply the precautionary approach. In the case of threats that could cause adverse impacts and serious or irreversible damage, the establishment of measures to enhance the conservation status of albatros and petrels should not be pushed back on the pretext of lack of complete scientific certainty.
Article III
General conservation measures
1. In view of their obligation to take measures to achieve and maintain a state of conservation favourable to albatros and petrels, the Parties shall, taking into account Article XIII:
(a) To maintain and, where possible and adequate, restore habitats for albatros and petrels;
(b) Eliminate or control non-native species that harm albatros and petrels;
(c) Develop and implement measures to prevent, eliminate, minimize, or mitigate the adverse effects of activities that may influence the conservation status of albatros and petrels;
(d) Establish or support research on the effective conservation of albatros and petrels;
(e) Ensure the existence of training programs and their relevance to, inter alia, the implementation of conservation measures;
(f) Develop and continue awareness-raising and information programmes on issues related to the conservation of albatros and petrels;
(g) Exchange information and conclusions derived from albatros and petrels conservation programs and other relevant species; and
(h) Support the implementation of the measures developed in the framework of the FAO International Action Plan to reduce the accidental capture of seabirds in seabird fisheries that complement the objectives of this Agreement.
2. Parties, subject to paragraphs 3 to 5 of this Article, shall prohibit the deliberate removal of albatros and petrels, as well as their eggs, or the harmful disruption of these or their nesting sites.
3. Where there are no other satisfactory solutions, Parties may grant exemptions to the prohibitions set out in paragraph 2 above for one of the following reasons:
(a) To increase the spread, recovery or survival of albatros or petrels;
(b) On a selective and limited basis, for scientific, educational or similar reasons;
(c) To meet the traditional needs and practices of indigenous peoples; or
(d) In other exceptional circumstances, for which, unless they respond to a short-term emergency, a study of environmental impact must be conducted and made public in advance in accordance with the requirements of the Action Plan established under Article VI.
4. Any derogation granted under paragraph 3 of this Article shall be accurate and limited in space and time. They have no adverse effect on the conservation status of albatros and petrels. The Parties shall inform the secretariat as soon as possible and in detail of any exemption under this provision.
5. The death of moribond or severely injured albatros and petrels, by a duly authorized person, to put an end to their suffering, is not a deliberate removal or harmful disturbance.
6. Under their obligation to take measures to achieve and maintain a state of conservation favourable to albatros and petrels, Parties are gradually implementing the Action Plan.
Article IV
Capacity-building
1. For the effective implementation of this Agreement, it is necessary to provide assistance to some Area states of distribution, including by research, training or control of the application of measures for the conservation of albatros and petrels, and their habitats, the management of these habitats, and the establishment or improvement of the scientific and administrative institutions responsible for the application of the said Agreement.
2. The parties prioritize capacity-building through funding, training, information and institutional support to implement the Agreement.
Article V
Cooperation between Parties
As part of the action plan, Parties shall cooperate to:
(a) Develop data collection and analysis systems, and exchange information;
(b) To exchange information for the adoption and application of laws and other management approaches to the conservation of albatros and petrels;
(c) Develop training and awareness programs for users in areas where albatros and petrels may be encountered;
(d) Develop and implement comprehensive programmes to inform the public on the conservation of albatros and petrels;
(e) Develop and implement training programmes on conservation techniques and measures to mitigate threats to albatros and petrels; and
(f) Exchange skills, techniques and knowledge.
Article VI
Action Plan
1. Appendix 2 to this Agreement shall be a Plan of Action for obtaining and maintaining a state of conservation favourable to albatros and petrels.
2. With due regard to the capabilities of Parties to implement such measures and with specific reference to Article IV, the Action Plan defines in all cases the measures that Parties will need to undertake progressively with respect to albatros and petrels, which must be in conformity with the general conservation measures specified in Article III, including:
(a) Conservation of species;
(b) Habitat conservation and restoration;
(c) Human activities management;
(d) Research and monitoring;
(e) The collection of information;
(f) Education and public awareness; and
(g) Implementation.
3. At each ordinary session of the meeting of the Parties, the progress in the implementation of the Action Plan should be assessed and the content of the Plan should be reviewed in the light of that assessment.
4. The Meeting of the Parties shall, before deciding on the adoption, in accordance with Article XII, of a proposal to amend the Action Plan, consider the proposal in the light of the provisions of Article III.
Article VII
Implementation and financing
1. Each part must:
(a) Designate one or more authorities responsible for conducting, monitoring and controlling any activities undertaken to oversee, implement and enforce this Agreement. Such authorities shall, inter alia, control activities that may have an impact on the conservation status of species of albatros and petrels in the territory of that Party;
(b) Designate a point of contact and promptly communicate the name and address of this point of contact to the secretariat for immediate transmission to other Parties; and
(c) As part of each ordinary session of the meeting of the Parties, starting at the second session, submit, through the secretariat, information to the Advisory Committee to prepare a synthesis of the implementation of the Agreement, with a focus on the conservation measures adopted, in accordance with Article IX (6) d.
The authority or authorities in question and the point of contact shall, as the case may be, be designated by the department or government agency responsible for the administration of this Agreement.
2. (a) Decisions on the budget and any scale of contributions shall be adopted by consensus, by the meeting of the Parties, taking into account the difference in resources between the Parties;
(b) If there is no consensus, the previously adopted budget will continue to apply until a new approved budget replaces it;
(c) Following the accession of a new Party, the meeting of the Parties, at its next session, shall consider and supersede the scale of assessments, unless it considers such review and replacement as inappropriate.
3. The Meeting of the Parties may establish a fund based on voluntary contributions from Parties or from any other source, with a view to funding work on the conservation of albatros and petrels, including monitoring, research, technical development, training, education and habitat management. Such voluntary contributions or such funds shall not be levied to cover the general costs of the secretariat or any other organization of use.
4. Recognizing their obligations under Article IV, Parties shall endeavour to provide technical and financial training and support to other Parties on a multilateral or bilateral basis to assist them in implementing the provisions of this Agreement. These training programs and technical and financial support shall not be levied to cover the general costs of the secretariat or any other organization that it has used.
5. A fund may be used to cover costs related to the participation of representatives of Parties in the sessions of the meeting of the Parties and the Advisory Committee. This procedure does not prevent the handling of these costs by other bilateral or other agreements.
Article VIII
Meeting of the Parties
1. The Meeting of the Parties is the decision-making body of this Agreement.
2. The depositary shall, in consultation with the Secretariat of the Convention, convene a session of the meeting of the Parties at least one year after the date of entry into force of this Agreement. The regular sessions of the Meeting of the Parties shall be convened at least every three years, unless the Meeting of the Parties decides otherwise.
3. The secretariat shall convene a special session of the meeting of the Parties, upon written request submitted by at least one third of the Parties.
4. The Meeting of the Parties shall take into its rules of procedure, adopted in accordance with paragraph 11 of this Article, the necessary provisions to govern the presence and participation of observers and ensure the transparency of activities related to the Agreement. Such rules should not be excessively restrictive in this regard and should ensure timely access to archives and reports relating to the Agreement, subject to the rules of procedure limiting their access. The meeting of the Parties shall, as soon as possible, adopt such rules taking into account any costs.
5. Any State not party to the Agreement, the United Nations, any specialized agency of the United Nations, any regional economic integration organization and any relevant international convention secretariat, in particular those aimed at the conservation and management of marine fauna and flora or the conservation of albatros and petrels, may participate, as observers, in the sessions of the Meeting of the Parties and its subsidiary bodies. Such participation shall be subject to the rules of procedure.
6. Any relevant scientific, environmental, cultural or technical entity, whose purpose is the conservation and management of marine fauna and flora or the conservation of albatros and petrels, may participate as an observer in the sessions of the Meeting of the Parties and its subsidiary bodies. Such participation shall be subject to the rules of procedure. This rules of procedure, particularly with regard to the participation of observers, may include provisions relating to the vote different from those contained in paragraph 9 of this article.
7. Each Party shall have a vote, but regional economic integration organizations that are Parties to this Agreement shall have, for matters within their competence, a number of votes equal to the number of their member States that are Parties to the Agreement. A regional economic integration organization can only exercise its right to vote if its member states do not exercise their own, and vice versa.
8. The Meeting of the Parties shall establish and monitor the financial regulations of this Agreement. It shall, at each of its regular sessions, adopt the budget for the following financial period. The financial regulations, including provisions on the budget and scale of assessments, as well as their amendments, are adopted by consensus.
9. Unless otherwise stated in this Agreement, the decisions of the meeting of the Parties shall be adopted by consensus or, if there is no consensus, by a two-thirds majority of the Parties present and voting.
10. The meeting of the Parties may require the secretariat to distribute to the Parties, in addition to the information required under Article VII.1.(c), any relevant information for the effective operation of this Agreement.
11. At its first session, the meeting of the Parties shall:
(a) Adopt its rules of procedure by consensus;
b To determine by consensus the financial provisions, a scale of assessments and a budget;
(c) Establish a secretariat to perform the secretariat functions provided for in Article X of this Agreement;
(d) Establish an advisory committee as provided for in Article IX of this Agreement; and
(e) Adopt criteria to define emergency situations requiring urgent conservation measures and determine the modalities for attribution of liability for the actions to be taken.
12. At each of its regular sessions, the meeting of the Parties shall:
(a) Take into account reports, opinions and information from all its subsidiary bodies;
(b) Examine actual or potential changes in the conservation status of albatros and petrels and habitats important to their survival, as well as factors that may affect them;
(c) Review any difficulties encountered in the implementation of this Agreement;
(d) To consider any questions relating to the financial arrangements to be taken under this Agreement and to adopt a budget by consensus;
(e) Treat any questions relating to the secretariat and to membership in the Advisory Committee and its funding;
(f) Adopt a report to be submitted to the Parties to this Agreement and to the Conference of the Parties to the Convention; and
(g) Decide on the date and venue of the next session.
13. At each of its regular sessions, the meeting of the Parties may:
(a) Amend the rules of procedure;
(b) Make recommendations that it considers necessary or appropriate;
(c) Adopt measures to improve the effectiveness of this Agreement and, as the case may be, adopt emergency measures under Article IX (7) of this Agreement;
(d) Review and adopt proposals for amendments to this Agreement;
(e) Amend Appendix 1;
(f) Amend the Action Plan in accordance with Article VI (4) of this Agreement;
(g) Create the subsidiary bodies that it considers necessary for the implementation of this Agreement, in particular for coordination with the bodies established under other relevant international treaties;
(h) Change any deadline set in this Agreement for the submission of documents or other documents; and
(i) Make decisions on any other matter relating to the implementation of this Agreement.
14. All three sessions of the meeting of the Parties shall examine the effectiveness of the secretariat in achieving the objectives of this Agreement. The guidelines for this review are agreed at the previous session of the meeting of the Parties.
15. The meeting of the Parties may adopt by consensus provisions to establish relations between this Agreement and any economy of the Asia-Pacific Economic Cooperation Forum, whose vessels fish in the range of albatros and perpetrators. Once adopted, these provisions will enable this economy to participate in the meeting of the Parties or its subsidiary bodies, including the decision-making process, and will subject it to all the obligations prescribed by this Agreement. For this purpose, references to participants in the meeting of the Parties or its subsidiary bodies, as part of these procedures, should include not only Parties but also Parties.
Article IX
Advisory Committee
1. The meeting of the Parties shall establish an Advisory Committee ("the Committee") to provide expert advice and to provide information to the secretariat, Parties or others.
2. Any Party shall be entitled to appoint a member of the Committee. Each of these members may be surrounded by one or more advisors.
3. The Committee may invite other experts to attend its meetings. It can set up working groups.
4. The Parties shall endeavour to take charge of the costs incurred by the experts participating in the meetings of the Committee in order to make the best use of the contributions of all Parties to achieve the objectives of the Agreement.
5. The Committee shall elect a Chairperson and a Vice-Chair and establish its own rules of procedure.
6. The Committee shall:
(a) Provide scientific, technical or other information to the meeting of the Parties and, through the secretariat, to the Parties themselves;
(b) Establish a standard reference text with a taxonomic list of all species covered by this Agreement and maintain a list of synonyms;
(c) Make recommendations to the Meeting of the Parties with respect to the Action Plan, the implementation of the Agreement and the research that will be carried out in the future;
(d) To prepare, for each meeting following the first ordinary meeting of the Parties, a report on the implementation of the Agreement highlighting the Action Plan and conservation measures adopted. These reports should all include a summary of the information that Parties are required to submit to the Committee, through the secretariat, to the Meeting of the Parties under Article VII.1(c), as well as an assessment of the status and trends of the populations of albatros and petrels, on the understanding that:
(i) the format of these reports of the Committee shall be determined at the first session of the meeting of the Parties and reviewed as required at the following sessions, and the nature of the information to be provided by the Parties shall be determined by the Committee at its first meeting, in accordance with the guidance provided by the meeting of the Parties, and reviewed as required at the following sessions; and
(ii) all reports of the Committee should be submitted to the secretariat not later than one hundred and twenty days before the regular session of the meeting of the Parties to which they will be discussed; and, in accordance with the guidance provided by the meeting of the Parties, the Committee may, as appropriate, advance the deadline for submission of information by Parties;
(e) Submit to the secretariat, no later than one hundred and twenty days before each regular session of the meeting of the Parties, a report on its own activities, which will then be distributed to the Parties;
(f) Develop a system of indicators to measure the progress made collectively by the Parties to the Agreement towards the objective set out in Article II (1), and subsequently apply it to reports prepared under paragraph 6.(d) of this Article; and
(g) To carry out any other relevant tasks entrusted to it by the meeting of the Parties.
7. If the Committee is of the opinion that an urgent problem requires the immediate adoption of measures to prevent the deterioration of the state of conservation of one or more species of albatros or petrels, it may require the secretariat to urgently convene a meeting of the Parties concerned. These Parties then meet as soon as possible to establish a mechanism to protect species under threat.
When a recommendation is adopted at such a meeting, the Parties concerned shall inform the other Parties and the secretariat of the measures they have taken to implement it, or of the reasons why these recommendations could not be implemented.
8. The Committee may make expenditures on the budget of the Agreement with the authorization of the meeting of the Parties in accordance with Article VIII (12) e.
Article X
Agreement Secretariat
The functions of the Agreement are:
(a) To convene and organize the sessions of the meeting of the Parties, as well as the sessions of the Advisory Committee;
(b) Implement the decisions addressed to the Meeting of the Parties;
(c) To promote and coordinate activities under this Agreement, including the Action Plan, in accordance with the decisions of the meeting of the Parties;
(d) To liaise with States that are not part of the range or regional economic integration organizations and to facilitate coordination between Parties and States that are not part of the range, as well as national and international organizations and institutions whose activities relate directly or indirectly to the conservation, protection and management of, inter alia, albatros and petrels;
(e) To draw the attention of the meeting of the Parties to issues related to the objectives of this Agreement;
(f) To provide to each ordinary session of the meeting of the Parties a report on the work it has accomplished;
(g) To manage the budget of the Agreement and, once established, the fund referred to in Article VII (3);
(h) To provide information to the general public on the Agreement and its objectives, and to promote the objectives of the Agreement;
(i) To develop a system of performance indicators to measure the effectiveness and functioning of the secretariat and to report in this regard at each regular session of the meeting of the Parties;
(j) Collect, where appropriate, information provided by Parties through the Secretariat in accordance with Articles VII (1, c) and VIII (10); and
(k) To assume any other functions that may be entrusted to it under the Agreement.
Article XI
Relations with relevant international bodies
1. Parties shall promote the objectives of this Agreement and establish and maintain coordinated and complementary working relationships with all relevant international, regional and subregional bodies, including those concerned with the conservation and management of seabirds and their habitats, as well as any other living marine resource, in particular the CCAMLR Commission and the United Nations Organization for Food and Agriculture, including in the context of the International Plan of Action
2. The secretariat shall consult and cooperate, as appropriate, with:
(a) The secretariat of the Convention and the bodies performing the functions of the secretariat in accordance with agreements relating to albatros and petrels, concluded under Article IV (3) and (4) of the Convention;
(b) The secretariats of other international conventions and instruments for matters of common interest; and
(c) Other relevant organizations or institutions in the area of the conservation of albatros and petrels and their habitats, as well as in the areas of research, education and awareness-raising, including the Environmental Protection Committee established pursuant to the Protocol for the Protection of the Environment of the Antarctic Treaty.
3. The secretariat may, with the agreement of the meeting of the Parties, make arrangements with other organizations and institutions if appropriate.
4. The secretariat shall consult with and cooperate with such organizations to exchange information and data and may, with the agreement of the Chair of the Advisory Committee, invite such organizations to send observers to the relevant meetings.
Article XII
Amendment to the Agreement
1. This Agreement may be amended at any ordinary or special session of the meeting of the Parties.
2. Any Party may submit an amendment proposal.
3. The text of any amendment proposal accompanied by its statement of reasons shall be communicated to the secretariat of the Agreement at least one hundred and fifty days before the opening of the session. The secretariat shall, as soon as possible, send copies of this amendment proposal to the Parties. Any comment on the text of the amendment proposal from Parties shall be communicated to the secretariat at least sixty days before the opening of the session. Immediately after the expiry of this period, the secretariat shall transmit to the Parties all comments received to date.
4. An amendment to the Agreement not concerning the annexes to the Agreement shall be adopted by a two-thirds majority of the Parties present and voting. Parties that accept this amendment shall deposit their instrument of acceptance with the depositary. For Parties that have accepted them, the amendments come into force on the thirtieth day after the date of deposit of instruments of acceptance of two thirds of the Parties to this Agreement. For each Party that deposits an instrument of acceptance after the date of deposit of instruments of acceptance of two thirds of the Parties, that amendment shall enter into force on the thirtieth day after the date of deposit by the Party of its instrument of acceptance.
5. Any additional Annex or amendment to an Annex shall be adopted by a two-thirds majority of the Parties present and voting and shall enter into force for all Parties on the ninetieth day after the date of its adoption by the Meeting of the Parties, with the exception of the Parties that have issued a reservation under paragraph 6 of this Article.
6. During the ninety-day period referred to in paragraph 5 of this article, a Party may, by written notification to the depositary, make a reservation to the supplementary annex or to the amendment to the annex. Such a reservation may be withdrawn at any time by written notification to the depositary; the additional schedule or amendment shall then enter into force for that Party on the thirtieth day after the date of the withdrawal of that reservation.
Article XIII
Relationship between this Agreement and other legislation
and international conventions
1. For the purposes of this Agreement:
(a) The provisions of this Agreement shall not affect the rights and obligations conferred on any Party by existing international treaties, including the United Nations Convention on the Law of the Sea (UNCLOS) and also the Treaty on Antarctica and CCAMLR, and in particular Article IV of these two instruments;
(b) With regard to the area of application of the Antarctic Treaty, the relationship between all Parties, whether or not they are Parties to the Treaty, is established by Articles IV and VI of that Treaty;
(c) Nothing in this Agreement, nor any activity occurring as long as this Agreement is in force, may:
(i) be construed as a full or partial waiver of a right by a Party, or as a prejudice to a right or claim, to a claim of territorial sovereignty or to the exercise of a right of coastal jurisdiction under international law in the area of application of this Agreement; or
(ii) be construed as detrimental to the position of each Party in respect of its recognition or non-recognition of such right, claim or claim basis.
2. With respect to fishing activities governed by a regional fishing organization or other organizations that more widely govern living marine resources, such as the CCAMLR Commission, Parties shall take note of the data and assessments provided by these organizations and shall adopt, in its area of competence, the measures agreed by these organizations to reduce the accidental capture of albatros and petrels. However, in accordance with paragraph 2 of this Article, Parties may apply, within their jurisdiction, more stringent measures than such measures, taking into account the provisions of Article I (3).
3. The provisions of this Agreement shall in no way affect the right of a Party to maintain or adopt stricter measures for the conservation of albatros and petrels and their habitats.
Article XIV
Settlement of disputes
1. Parties shall cooperate in preventing disputes.
2. Where it is recognized that a dispute between two or more Parties is of a technical nature, the Parties shall consult and consult with the Chair of the Advisory Committee in order to resolve the dispute amicably. Where the Parties are unable to resolve the dispute within twelve months of the date on which one of the Parties informed the Chair of the dispute in writing and the extension of the dispute may, in the opinion of the Chair, adversely affect the conservation status of the albatros and countermeasures in this Agreement, the Parties shall submit the dispute to a technical arbitration committee.
3. The Technical Arbitration Committee shall be established by the Chairman of the Advisory Committee, in consultation with the Parties to the dispute, and shall be composed of members of that Committee and, where appropriate, other experts. The adjudication committee shall meet with the Parties to the dispute and shall endeavour to make a final decision within five months of its establishment. The decision is binding on the parties to the dispute.
4. Procedures for Technical Arbitration Committees and any other dispute resolution procedure shall be established by the meeting of the Parties.
5. Any other dispute between two or more Parties, including with respect to the interpretation or application of this Agreement, shall be governed by the provisions of Article XIII of the Convention, whether or not such Parties are Parties to the Convention.
6. This Article does not exclude the application of the dispute settlement provisions established by other treaties in force between the Parties concerned, where such disputes fall within these provisions.
Article XV
Signature, ratification, acceptance,
approval, accession
1. This Agreement shall be open for signature by all States of the range or regional economic integration organizations, whether or not the areas under their jurisdiction form part of the coverage area by this Agreement, by:
(a) Signature without reservation of ratification, acceptance or approval; or
(b) Signature with reservation of ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. This Agreement shall remain open for signature at Canberra until the date of its entry into force.
3. This Agreement shall remain open to the accession of the States of the range or regional economic integration organizations on the date of its entry into force and after that date.
4. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
Article XVI
Entry into force
1. This Agreement shall enter into force on the first day of the third month, after at least five States of the range or regional economic integration organizations have signed without reservation of ratification, acceptance or approval, or deposited their instruments of ratification, acceptance or approval under Article XV of this Agreement.
2. For any State of the range or any regional economic integration organization that has:
(a) Signed without reservation of ratification, acceptance or approval of this Agreement;
(b) Ratified, accepted or approved this Agreement; or
(c)
to this Agreement, after the date on which the required number of States of the range of distribution and regional economic integration organizations allowing the entry into force of the said Agreement have signed it without reservation or have ratified, accepted or approved it, this Agreement shall enter into force on the first day of the third month after the signature or deposit by that State or that organization of regional economic integration of its instruments of ratification, acceptance, approval.
Article XVII
Reservations
1. The provisions of this Agreement shall not grant any general reservation.
2. However, a specific reservation may be issued in respect of any species covered by this Agreement or any specific provision of the Action Plan by any State of the range or any regional economic integration organization at the time of signature without reservation of ratification, acceptance or approval or, where applicable, by depositing its instrument of ratification, acceptance, approval or accession.
3. Such a reservation may be withdrawn at any time by the State of the range or the regional economic integration organization that has laid it by means of written notification to the depositary. Such a State or such regional economic integration organization shall be subject to the obligation of the provisions that are subject to the reservation only thirty days after the withdrawal of the reservation.
4. The provisions set out in paragraph 1 above do not prohibit a Party to this Agreement which is not a Party to the Convention from making declarations with a view to clarifying its position with respect to each instrument, provided that such declarations are not intended to exclude or modify the legal effect of the provisions of this Agreement in their application to that Party.
Article XVIII
Denunciation
A Party may denounce this Agreement at any time by written notification to the depositary. The denunciation takes effect twelve months after the date of receipt of the notification by the depositary.
Rule XIX
Depositary
1. The original text of this Agreement in English, French and Spanish, all of these equally authentic versions, shall be deposited with the Government of Australia which is the depositary thereof. The depositary shall transmit certified copies of each of these versions to all States of the range and to all regional economic integration organizations referred to in Article XV (1) of this Agreement, as well as to the secretariat of the Agreement after its establishment.
2. Upon the entry into force of this Agreement, the depositary shall transmit a certified copy to the United Nations Secretariat for registration and publication in accordance with Article 102 of the Charter of the United Nations.
3. The depositary shall inform all States of the range and regional economic integration organizations that have signed or acceded to this Agreement, as well as the secretariat of the Agreement, of:
(a) Any signature;
(b) Any deposit of instruments of ratification, acceptance, approval or accession;
(c) The date of entry into force of this Agreement and any amendment made thereto;
(d) Any reservation made with respect to the Agreement;
(e) Any notification of withdrawal of reservation; and
(f) Any notification of denunciation of the Agreement.
4. The depositary shall forthwith transmit to all States of the range and to all regional economic integration organizations that have signed or acceded to this Agreement, and to the secretariat of the Agreement, the text of any reservation emitted, any additional annex or any amendment to the Agreement or its annexes.
In faith, the undersigned, duly authorized to do so, have signed this Agreement.
Done at Canberra on 19 June 2001.
A N N E X E 1
ALBATROS AND PETERLS
THE PRESENT AGREEMENT
Albatros
You can see the table in the OJ
n° 285 of 08/12/2005 text number 3
Penalties
You can see the table in the OJ
n° 285 of 08/12/2005 text number 3
The above lists indicate the current taxonomy of albatros and petrels drawn from Annexes I and II of CMS (column 1) and a new taxonomy (column 2). Upon the adoption by the Conference of the Parties to the Convention of the second column taxonomy, that of the first column shall become obsolete and shall no longer be an integral part of this annex.
A N N E X E 2
ACTION PLAN
1. Conservation of species
1.1. Conservation of species
1.1.1. In addition to the measures defined in Article III and without prejudice to their obligations under the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), Parties shall prohibit the use and trade of albatros and petals or their eggs, or any part or product readily identifiable from these birds or their eggs.
1.1.2. With the exception of the provisions for the species on the CITES lists, Parties may grant exemptions to the prohibitions prescribed in subsection 1.1.1 under the circumstances set out in Article III (3).
1.1.3. Where appropriate, Parties shall cooperate to develop and implement conservation strategies for species or groups of specific species of albatros and petrels. The secretariat coordinates the development, harmonization and implementation of these strategies.
1.2. Emergency measures
If the Advisory Committee convenes a meeting of the Parties under the emergency provisions of Article IX (7), the Parties concerned shall develop and implement emergency measures, in cooperation, between them or with other Parties, whenever appropriate.
1.3. Recovery and recovery plans
Parties adopt a precautionary approach when re-establishing albatros and petrels in parts of their traditional range. In such cases, they develop and follow a detailed recovery plan based on the best scientific evidence. These plans should be made public. To the extent possible, Parties shall inform the secretariat of any recovery strategy prior to its implementation.
1.4. Non-native taxes
1.4.1. Parties shall take all possible measures to avoid the introduction, intentional or other, into habitats of non-native groups of animals, plants, hybrids or pathogens that may adversely affect populations of albatros and petrels.
1.4.2. To the extent possible, Parties shall take measures to control and, if possible, eradicate non-native groups of animals or plants or their hybrids that carry, or may affect populations of albatros or petrels. Such measures must take into account, to the extent possible, both human and environmental considerations.
2. Habitat conservation and restoration
2.1. General principles
Where appropriate and necessary, Parties shall take management measures and establish legislative or other controls to ensure the maintenance of albatros and petrels populations in a favourable state of conservation, or their restoration at that level, and the prevention of habitat degradation.
2.2. Land conservation
2.2.1. To the extent possible, Parties shall grant protection to albatros and petrels breeding sites, using, where appropriate, existing mechanisms. They seek to develop and implement management plans for all protected sites, and to maintain and enhance the conservation status of species by taking other measures, inter alia, to prevent habitat degradation, reduce habitat disturbance, and minimize or eliminate the harmful effects of non-native animals, plants, hybrids or non-native hybrids.
2.2.2. Where possible and relevant, Parties shall cooperate in habitat protection initiatives, including those for the protection and restoration of as many breeding sites as possible for albatros and petrels whose conservation status is unfavourable.
2.2.3. Parties, individually or collectively, shall ensure that sites for the reproduction of albatros and petrels, which meet internationally important criteria, are promptly given all the attention they deserve.
2.3. Conservation of marine habitats
2.3.1. Parties shall individually and collectively endeavour to manage marine habitats in order to:
(a) Ensure the sustainability of living marine resources for albatros and petrels; and
(b) Avoiding pollution that could blow albatros and petrels.
2.3.2. The Parties shall, individually or collectively, endeavour to develop management plans for the most important food and migration sectors of albatros and petrels. These plans should seek to minimize risks in accordance with paragraph 2.3.1.
2.3.3. Parties shall take, individually or collectively, special measures to preserve the marine areas that they consider to be crucial for the survival and/or restoration of species of albatros and petrels with unfavourable conservation status.
3. Human activities management
3.1. Impact assessment
Before adopting guidelines, plans, projects and programmes or making decisions on them, Parties shall assess the possible impact on the albatros and peril of these directives, plans, projects and programmes that they believe may have consequences on the conservation of albatros and petrels. The results of these assessments should be made public.
3.2. Accidental mortality in fisheries
3.2.1. Parties shall take operational, management and other measures appropriate to reduce or eliminate the accidental mortality of albatros and petrels in fishing activities. To the extent possible, measures should follow current best practices.
3.2.2. With respect to fishing activities governed by a regional fishing organization or other organizations that govern living marine resources more widely, such as the CCAMLR Commission, Parties shall take note of the data and assessments provided by the organization, and shall adopt, in its area of competence, the measures agreed by the organization to reduce the accidental capture of albatros and petrels. However, in accordance with the provisions of Article XIII (3), Parties may apply, within their jurisdiction, more stringent measures, taking into account the provisions of Article I (3).
3.2.3. Parties that are also Parties to other relevant treaties (such as CCAMLR) or are members of relevant international organizations (such as FAO), encourage the institutions of such treaties or organizations and other Parties or members of them to implement the objectives of this Agreement.
3.2.4. Parties shall endeavour, in the context of this Agreement, to adopt additional measures to combat illegal, unregulated and unreported fishing activities that may adversely affect albatros and petrels.
3.3. Marine pollutants and debris
3.3.1. The Parties shall take appropriate measures, within the framework of Conventions on the Environment and other means, to minimize the release of pollutants from the farmland or ships to the land or sea, which may have an adverse effect on albatros and petrels.
3.3.2. The Parties shall endeavour to manage, while respecting the objectives of this Agreement, the mineral exploration and exploitation of waters within their jurisdiction that are frequented by albatros and petrels.
3.4. Disturbation
3.4.1. Both in marine and terrestrial habitats, Parties shall endeavour to minimize disturbances affecting albatros and petrels, and to create and maintain free zones of any disturbance.
3.4.2. Parties shall endeavour to avoid or minimize disruptions caused, inter alia, by tourism, including by monitoring access to birds in breeding periods.
3.4.3. By providing access to albatros and petrels breeding sites for scientific reasons, particularly where the conservation status of the species concerned is unfavourable, Parties require that this research be designed and carried out in such a way that it will avoid unnecessary disturbance to birds or any impact on their habitats.
4. Research and monitoring
4.1. The Parties shall endeavour to conduct research and conduct inspections at sea and on land to meet the requirements of Article III. When appropriate, they do so in cooperation and endeavour to facilitate the development of more efficient control and research techniques.
4.2. Parties collect, through sea observers on board fishing vessels or by any other relevant method, reliable data and, if possible, can be verified in order to accurately estimate the nature and extent of the interactions of albatros and petrels and fishing activities.
5. Compilation of information by the Advisory Committee
5.1. Under Article IX.6.c), the reports of the Advisory Committee shall include, where appropriate:
(a) Assessments and revisions of the state of the albatros and petrels populations, including an assessment of the trends of the populations of the species concerned, including those that frequent areas with little or no data available;
(b) Identification of important breeding sites at the international level;
(c) Studies to characterize, according to the best available information, the food sector (and within it the main feeding areas) and the migration routes and trends of populations of albatros and petrels;
(d) Identification and assessment of threats to albatros and petrels or likely to do so;
(e) Identification of existing and new methods by which it would be possible to avoid or mitigate these threats;
(f) Studies, regularly updated, data on the mortality of albatros and petrels related, inter alia, to commercial fishing operations or any other relevant fishing activity;
(g) Studies of the distribution of the fishing effort that affects albatros and petrels and the season during which it is deployed;
(h) Examinations at sites that reproduce the status of animals, plants and pathogenic organisms that have been introduced and that affect albatros and petrels or are likely to do so;
(i) Examinations of the nature of the measures taken to protect albatros and petrels, as well as the extent and effectiveness of this protection;
(j) Records of current and recent research on albatros and petrels, including their state of conservation;
(k) Lists of competent authorities, research centres, scientists and non-governmental organizations concerned with albatros and petrels;
(l) A record of the law on albatros and petrels;
(m) Reports of training and information programmes for the conservation of albatros and petrels; and
(n) Studies of the current taxonomy of albatros and petrels.
5.2. The Advisory Committee must identify gaps in the information gathered in the above-mentioned studies, with a view to filling them quickly in the future.
6. Education and public awareness
6.1. The Parties shall endeavour to communicate to the scientific, fishing and conservation communities, to the relevant local authorities, to any other decision-making bodies, and to neighbouring States, information on the conservation status of albatros and petrels, threats to these species and the measures taken under the Agreement.
6.2. Parties shall endeavour to raise awareness among local communities and the general public about the state of albatros and petrels and the threats to these species.
6.3. Parties shall cooperate with each other, with the secretariat and others, to develop training programmes and to exchange available resources.
6.4. Where necessary, Parties shall establish training programs to ensure that the personnel responsible for the implementation of this Action Plan have sufficient knowledge to effectively implement it.
7. Implementation
7.1. The Advisory Committee establishes conservation guidelines to assist Parties in the implementation of this Action Plan. To the extent possible, these guidelines must be consistent with those developed under other international instruments.
7.2. The Parties shall work with other countries and organizations concerned with research on albatros and petrels, as well as their monitoring and management, to exchange knowledge, know-how and techniques to ensure a more effective implementation of this Action Plan.
7.3. Parties shall encourage Parties to other relevant international instruments, particularly CCAMLR, to recognize the relevance of the objectives of this Action Plan.
7.4. The secretariat regularly reviews the means to provide the necessary resources (credits and technical assistance) for the implementation of this Action Plan and submits a report on this matter to each regular session of the Meeting of the Parties.
7.5. Parties, either individually or through the secretariat, shall draw the attention of any State that is not a Party to this Agreement to any activities that may be carried out by its nationals or ships against the implementation of the Action Plan.
Done in Paris on 1 December 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
