Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2005-756 of 4 July 2005 authorising accession to the Agreement on the Conservation of Small Cetaceans of the Baltic Sea, the North-East Atlantic and the Seas of Ireland and the North;
In light of Decree No. 53-192 of 14 March 1953 as amended relating to the Ratification and publication of international commitments entered into by France;
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 Animals (set of two annexes), made in Bonn on 23 June 1979, as amended in Bonn on 26 October 1985,
Décrète:
The Agreement on the Conservation of Small Cetaceans of the Baltic Sea, the North-East Atlantic and the Seas In New York on 17 March 1992, and as amended by the amendments of 23 August 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A C C O R D
ON THE CONSERVATION OF SMALL THE STAKEHOLDERS OF THE BALTIC SEA, NORTH ATLANTIC AND NORTHERN IRELAND AND NORTHERN MERS (OVERALL SCHEDULE)
The Parties,
Recalling the general principles of conservation and sustainable use of natural resources formulated in The World Conservation Strategy of the International Union for the Conservation of Nature and Natural Resources, the United Nations Environment Programme and the World Wildlife Fund, as well as in the Commission's report Global Environment and Development;
Recognizing that small cetaceans are and must remain an integral part of marine ecosystems;
Recognizing that the harbour porpoise population Baltic has decreased considerably;
Preoccupied by the situation of small cetaceans in the Baltic Sea and the North Sea;
Recognizing that bycatch, habitat degradation and disturbances can have an effect Adversely affecting these populations;
Convinced that their precarious situation and, for a very large part, poorly known, deserves immediate attention for the improvement and collection of information that can be used as a basis for decisions Sound management and conservation;
Convinced that the coordination of activities for this purpose will be more effectively ensured by the States concerned in order to improve their efficiency and avoid duplication of effort ;
Conscious of the need to maintain maritime activities such as fishing;
Recalling that under the Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 1979) the Parties were Encouraged to conclude agreements on wild animals, which periodically cross the limits of the national jurisdiction;
Recalling also that, in accordance with the provisions of the Convention on Conservation Of the wild life and natural environment of Europe (Bern, 1979), all the small cetaceans regularly present in the Baltic Sea and the North Sea are listed in Appendix II as strictly protected species, and
Referring to Memorandum of Understanding on Small Cetaceans of the North Sea, signed by the Ministers at the Third International Conference on the Protection of the North Sea,
Have agreed as follows:
1. Scope and interpretation
1.1. This Agreement applies to all small cetaceans in the Agreement area.
1.2. For the purposes of this Agreement:
(a) " Small cetaceans " Means all species, subspecies, or populations of cetacean cetaceans Odontoceti, with the exception of the sperm whale Physeter macrocephalus;
b) The " Area covered by the Agreement " Refers to the marine environment of the Baltic Sea and the North Sea, as well as the contiguous zone of the northeast Atlantic, bounded by the coasts of the Botnia and Finland golfers; to the southeast by latitude 36 ° N where this line of latitude Meets the line between the headlights of Cape Saint Vincent (Portugal) and Casablanca (Morocco); to the southwest by latitude 36 ° N and longitude 15 ° W; to the northwest by longitude 15 ° W and a line connecting the following points: latitude 59 ° N/longitude 15 ° W, latitude 60 ° N/longitude 5 ° W, latitude 61 ° N/longitude 4 ° W; latitude 62 ° N/longitude 3 ° W; north by latitude 62 ° N; and including the straits of the Kattegat, Sund and Belt;
c) The expression " Bonn Convention " Means the Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 1979);
d) The expression " Regional economic integration organization " Means an organization established by sovereign states that have Competence to negotiate, conclude and apply international agreements in matters covered by this Agreement;
(e) The term " Party " Means a State of the range or any regional economic integration organization In respect of which this Agreement is in force;
(f) " Distribution Area Status " Means any State, whether or not a Party to the Agreement, which exercises its jurisdiction over any part of the range of a A species covered by this Agreement, or a State whose vessels flying its flag, outside the limits of its national jurisdiction but in the area covered by this Agreement, are engaged in activities having a harmful effect For small cetaceans;
g) The term " Secretariat " Means, unless the context otherwise requires, the Secretariat of this Agreement.
2. Basic Purpose and Provisions
2.1. The Parties undertake to cooperate closely to achieve and maintain a favourable conservation status for small cetaceans.
2.2. In particular, each Party shall apply, within its jurisdiction and in accordance with its international obligations, the conservation, research and management measures prescribed in the Annex.
2.3. Each Party shall designate a Coordination Authority for the activities provided for in this
. The Parties shall establish a Secretariat and an Advisory Committee at the latest at their first
. A concise report shall be submitted by each Party to the Secretariat on 31 March of each year at the latest, from the first year following the entry into force of the Agreement for that Party. This report shall cover the progress made and the difficulties encountered in the implementation of the Agreement during the past calendar
. The provisions of this Agreement shall not affect the right of a Party to take more stringent measures for the conservation of small cetaceans.
3. The Coordinating Authority
3.1. The activities of each Party shall be coordinated and controlled by its Coordinating Authority, which acts as the focal point for the work of the Secretariat and the Advisory Committee.
4. The Secretariat
4.1. The Secretariat shall, in accordance with the instructions given at the meetings of the Parties, promote and coordinate activities undertaken pursuant to Article 6.1 of this Agreement and, in close consultation with the Advisory Committee, provide Advice and support to Parties and their Coordinating Authorities.
4.2. In particular, the Secretariat: facilitates the exchange of information and contributes to the coordination of monitoring and research between and between the Parties and international organizations pursuing similar activities; Arrange meetings and make notifications to Parties, observers referred to in Article 6.2.1 and the Advisory Committee; coordinate and circulate proposed amendments to the Agreement and its Annex; and submit to the No later than 30 June of each year, a summary of the reports submitted by the Parties pursuant to 2.5 and a brief account of its own activities during the past calendar year, including a report Financial.
4.3. The Secretariat shall submit to each meeting of the Parties a summary setting out in particular the progress made and the difficulties encountered since the previous meeting. A copy of this report shall be provided to the Secretariat of the Bonn Convention for the information of the Parties to the said
. The Secretariat shall be attached to a public institution of either Party or an international body; this institution or body shall act as the employer of its staff.
5. The Advisory Committee
5.1. The meeting of the Parties shall establish an advisory committee to provide the Secretariat and Parties with expert advice and information on the conservation and management of small cetaceans and other matters related to the operation of The Agreement, taking into account the need to avoid duplication with the work of other international bodies and the desirability of taking advantage of their
. Each Party shall have the power to appoint a member to the Advisory
. The Advisory Committee elects a Chair and establishes its rules of
. Each member of the Committee may be accompanied by advisers, and the Committee may invite other experts to attend its meetings. The user can create working groups.
6. Meeting of the Parties
6.1. The Parties shall meet, at the invitation of the Secretariat of the Bonn Convention on behalf of any of the Parties, within one year of the entry into force of this Agreement, and thereafter upon notification by the Secretariat, at least Once every three years, to review progress and difficulties encountered in the implementation and operation of the Agreement since the last meeting, and to review and decide on:
a) The last report of the Secretariat;
(b) Issues related to the Secretariat and the Advisory Committee;
(c) The development and review of financial arrangements and the adoption of a budget for the next three years; and
(d) Any other issues This Agreement shall be communicated to the Parties by either Party or by the Secretariat no later than ninety days before the meeting, including proposals to amend the Agreement and its Annex;
e) Date and place of next Meeting.
6.2.1. The following shall be entitled to send observers to the meeting: the depositary of this Agreement, the Secretariats of the Bonn Convention, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, of the Convention on the Conservation of European Wildlife and Natural Habitat, of the Convention for the Prevention of Marine Pollution by the Disposal of Ships and Aircraft, of the Convention for the Prevention of Marine pollution of land origin, the Joint Secretariat for the Cooperation on the Protection of the Wadden Sea, the International Whaling Commission, the International Commission on Fisheries of the North-East Atlantic, the Commission International Baltic Sea Fisheries, the Commission for the Protection of the Baltic Marine Environment, the International Council for the Exploration of the Sea, the International Union for the Conservation of Nature and its Resources, And all States within the range of the waters in question that are not Parties to the Agreement and regional economic integration organizations.
6.2.2. Any other body that is qualified for the conservation and management of cetaceans may submit an application to the Secretariat no later than ninety days before the meeting for the purpose of being able to be represented by observers. The Secretariat shall communicate such requests to the Parties at least sixty days before the meeting and the presence of observers shall be authorized, unless at least one third of the Parties objects to the meeting no later than 30 days before the
. At meetings, decisions shall be taken by a simple majority of the Parties present and voting, with the exception of financial decisions and amendments to the Agreement or its Annex, which require a three-fourths majority of the Parties present And voting. Each Party shall have one vote. However, in matters falling within its competence, the European Economic Community shall exercise its right to vote on the basis of a number of votes equal to the number of its member States Parties to the
. The Secretariat shall prepare and circulate to all Parties and observers a report on the meeting within ninety days after the close of the
. This Agreement and its Annex may be amended at any meeting of the Parties
Any Party may submit amendments.
6.5.2. The text of any proposed amendment, together with its statement of reasons, shall be communicated to the Secretariat at least ninety days before the opening of the meeting. The Secretariat shall transmit copies to the Parties forthwith.
6.5.3. The amendments shall enter into force in respect of the Parties who accepted them ninety days after the deposit of the fifth instrument of acceptance of the amendment with the depositary. Thereafter, they shall enter into force in respect of a Party thirty days after the Party has deposited its instrument of acceptance of the amendment with the depositary.
6.5.4. Any State becoming a Party to the Agreement after the entry into force of an amendment will be, in the absence of having expressed a different intention:
a) Considered as a Party to the Amended Agreement; and
b) Considered to be Part of the Agreement not amended in relation to any Party that is not bound by the Agreement .7. Financing
7.1. The Parties agree to share the costs of the budget, with regional economic integration organizations contributing 2.5 per cent to administrative expenses and other Parties sharing the balance, in accordance with the United Nations scale, However, a maximum of 25 % per Party.
7.2. The share of each Party to the expenses of the Secretariat and any additional amount agreed upon for the coverage of common expenses shall be paid to the Government or the host international organization of the Secretariat, as soon as possible after At the end of March, and in no case later than the end of June each year.
7.3. The Secretariat prepares and maintains the financial accounts for each calendar year.
8. Legal Issues and Formalities
8.1. This Agreement is an agreement within the meaning of Article IV-4 of the Bonn
. Nothing in this Agreement shall affect the rights and obligations of the Parties resulting from any other treaty, convention or agreement.
8.3. The Secretary-General of the United Nations shall act as depositary of this Agreement.
8.3.1. The depositary shall notify all signatories, all regional economic integration organizations and the Secretariat of the Bonn Convention of any signature, deposit of instruments of ratification, acceptance, approval or accession, Any entry into force of the Agreement, any amendments, reservations and denunciation
The depositary shall transmit certified copies of the Agreement to all signatories, to all States of the non-signatory range, to all regional economic integration organizations and to the Secretariat of the Convention Bonn.
8.4. The Agreement shall be open for signature at the headquarters of the United Nations on 31 March 1992 and shall thereafter be open for signature at the headquarters of the United Nations for all States of the range and organizations Of regional economic integration until the date of its entry into force. Consent to be bound by the Agreement may be expressed: (a) by signature without reservation as to ratification, acceptance or approval, or (b) if the Agreement has been signed subject to ratification, acceptance or approval, by the deposit of a Instrument of ratification, acceptance or approval. After the date of its entry into force, the Agreement will be open to the accession of the States of the range and of regional economic integration
. The Agreement shall enter into force ninety days after six States of the range have expressed their consent to be bound by it in accordance with Article 8.4. Thereafter, it shall enter into force in respect of a State of the range or of a regional economic integration organization on the thirtieth day after the date of signature without reservation of ratification, acceptance or approval, or after Deposit of an instrument of ratification, acceptance, approval or accession with the
. The Agreement and its Annex shall not be subject to general reservations. However, a State of the range or regional economic integration organization may, by becoming a Party to the Agreement, in accordance with Articles 8.4 and 8.5, formulate a specific reservation concerning any species, subspecies or Special population of small cetaceans. Such reservations shall be communicated to the depositary upon signature or deposit of an instrument of ratification, acceptance, approval or
. A Party may at any time terminate this Agreement. The denunciation shall be notified in writing to the depositary and shall take effect one year after receipt of the notification.
In witness whereof the undersigned, duly authorized to that effect, have signed this Agreement.
Done at New York on 17 March 1992, the texts German, English, French and Russian of the Agreement being equally authentic.
A N N E X E
Conservation and Management Plan
The following conservation, research and management measures will be Applied in conjunction with other competent international bodies to the populations defined in Article 1.1.
1. Habitat Conservation and Management
Work to: (a) prevent the release of substances that pose a potential threat to the health of animals; and (b) to develop, based on available data Indicating unacceptable interactions, gear modifications and fishing methods to reduce by-catches and prevent drift or abandonment at sea of fishing gear; and (c) effective regulation, with a view to reducing Effects on animals, activities that seriously affect their food resources; and d) the prevention of other significant disturbances, particularly acoustic disturbances.
2. Studies and research
Investigations, which will have to be coordinated and distributed effectively between the Parties and the relevant international organizations, will be conducted in order to: (a) evaluate the state and the Seasonal movements of the populations and stocks concerned; b) to locate areas of particular importance for their survival; c) to identify existing and potential threats to the different species.
Planned studies Subparagraph (a) should include in particular the improvement of existing methods and the development of new methods for establishing the identity of stocks and estimating the numbers, trends, structure and dynamics of populations, As well as migration. The studies under paragraph (b) should focus on the location of areas of particular importance for reproduction and feeding. Studies under paragraph (c) should include research on habitat requirements, food ecology, trophic relationships, dispersal, and sensory biology, taking particular account of the effects of Pollution, disturbance and interactions with the fishery, including work on methods to reduce these interactions. Studies should exclude the killing of animals and include the healthy release of animals captured for research purposes.
3. Use of by-catch and strandings
Each Party will endeavour to put in place an effective system for reporting by-catches and stranded animals and saving them. Each Party shall also endeavour to carry out, in the context of the above-mentioned studies, complete autopsies including the collection of tissues for further study and the investigation of possible causes of death, as well as the collection of Data on diet composition. The collected information will be available in an international database.
4. Legislation
Without prejudice to the provisions of paragraph 2 above, the Parties shall endeavour to introduce: (a) where such regulation is not yet in force, the prohibition by national law of the The intentional capture and killing of small cetaceans, and (b) the obligation to immediately release any live and healthy animals. Measures to enforce these regulations will be developed at the national level.
5. Information and education
Information must be provided to the public to support the objectives of the General Agreement and to facilitate the provision of information on sightings and strandings. To facilitate and encourage the declaration of incidental catches and the surrender of dead specimens for the purposes of research under the Agreement.
Done at Paris, January 16, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
