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The Rules On The Contract For The Protection Of Bats In Europe

Original Language Title: Noteikumi par līgumu par sikspārņu aizsardzību Eiropā

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Cabinet of Ministers Regulations No. 10 of 2003 in Riga in January (7. Nr. 1 § 27) the rules on the contract for the protection of bats in Europe, Issued in accordance with the Cabinet of Ministers of 14 law equipment of the first paragraph of article 3, paragraph 1.1991 4 December contract for the protection of bats in Europe (hereinafter referred to as the agreement) with these terms are accepted and approved. 2. the agreement shall enter into force for the period specified in article XII and in order. 3. in accordance with article II of the Treaty, environmental protection and regional development, the Ministry shall perform the functions of the competent institution. Prime Minister e. Repše Foreign Minister s. KALNIETE accepted and approved by the Cabinet of Ministers of 7 January 2003, the provisions of the agreement on the 10 protection of bats in Europe, recalling the Contracting Parties of the Convention on the conservation of migratory species of wild animals, which opened for signature on 23 June 1979 in Bonn;
Recognizing the adverse bats conservation status in Europe and a range of non-European countries, in particular the serious threat due to Habitat degradation, disorders of the place of stay and the use of pesticides;
Conscious that the bats threatening factors range in Europe and countries outside of Europe affects both both migratory and non-migratory and residence are often common to migrating and non-migrating species;
Recalling that the Convention on the conservation of migratory species of wild animals in the Member States of the first Conference, held in Bonn in October 1985, the decision was taken on the European CHIROPTER (Rhinolophida and Vespertilonida) the inclusion in annex II to the Convention, noting that the Convention secretariat should take the necessary measures to establish a treaty for the protection of these species;
Convinced of the conclusion of the contract for these species great contribution to conservation of the European Bats;
Agreed as follows: article I scope and concept explanation of purpose of this agreement: (a) ' Convention ') ' means the Convention on the conservation of migratory species of wild animals (Bonn, 1979);
(b)) '' bats '' means CHIROPTER (Rhinolophida and Vespertilionida), found in European populations in Europe and a range of non-European countries;
c) range '' State '' means any country (regardless of whether it is or is not a party to the Convention) having jurisdiction over some part of this range of species included in the contract;
(d)) ' regional economic integration organization '' means an organization constituted by sovereign States established under this agreement, and which is competent for the matters covered by this agreement, and in accordance with its internal procedures are duly authorised to sign, ratify, accept, approve or accede to it;
e) '' party '' means the parties to this agreement, unless the context otherwise not apparent;
f) '' in Europe '' means the European continent.
 
Article II General requirements 1 this Treaty is Treaty of article IV of the Convention within the meaning of paragraph 3.
2. this Agreement shall not relieve the parties of their commitments in existing agreements, conventions and treaties.
3. Each party to this agreement means one or more competent authorities, who are given responsibility for the realisation of this agreement. Institution or institution name and address must be notified to the other parties.
4. The parties, in consultation with the parties to the Convention, this Treaty must be determined according to administrative and financial support.
 
Article III Basic 1. each party must prohibit the deliberate taking of bats, keeping or killing unless the authorities issued the permit.
2. Each party within its jurisdiction to determine the areas that are important for the conservation status of bats, including accommodation and protection. Take into account the necessary economic and social considerations, protecting the site from izpostījum or interference. In addition, each Party shall endeavour to identify and protect important feeding areas for bats from devastation or jamming.
3. choosing habitats protection General habitat conservation purposes, each party must give the necessary importance habitats important for bats.
4. each Party shall take appropriate measures to promote the protection of bats and promote public awareness of the importance of the conservation of bats.
5. each Party shall entrust the Commission with the responsibility for providing advice on BAT conservation and management, in particular about bats in buildings. The parties should exchange information on the experience in this matter.
6. each Party shall take additional measures which it considers necessary to safeguard populations of bats which recognized as endangered, and of the measures taken to provide a report within the framework of article VI.
7. each Party shall support research programmes related to the protection and management of bats. The parties should inform each other about these research programmes and coordinate these studies and protection programs.
8. Each Party shall, wherever possible, to take into account the potential impacts of pesticides on bats, when pesticide use is assessed, and the need to replace the bats very toxic wood protective chemicals with safer alternatives.
 
Article IV national implementation 1. each Party shall adopt and implement in life the legislative and administrative measures that may be needed to achieve the objectives of this agreement.
2. The provisions of this agreement in no way restricts the right of parties to adopt stricter requirements concerning the protection of bats.
 
Article v 1. The meeting of the parties to this contract, the parties must periodically meetings. The Government of the United Kingdom to convene the first meeting of the parties to the agreement not later than three years after the date of entry into force of the Treaty. The parties to the agreement must be approved by the meeting of the procedure and financial arrangements, including budget rules and amounts of contributions to the next financial period. Such arrangements must be approved by a two-thirds majority of the parties and at balsojušaj.
2. at their meetings, the parties may establish such scientific and other working groups as they considered necessary.
3. any range State or regional economic integration organisation not being a party to this agreement, the Secretariat of the Convention, the Council of Europe Convention on the conservation of European Wildlife and natural habitats of the Secretariat and other intergovernmental organizations can participate in the meeting of the parties as observers. Any agency or group who are technically qualified in the protection and management of bats may participate as observers in the meeting of the parties, unless the consent of at least one-third of at parties.
4. Each party to the agreement shall have one vote, except as referred to in paragraph 5 below.
5. regional economic integration organizations which are parties to the agreement shall, in matters within their competence, may exercise their right to vote with a number of votes, the number of Member States that are parties to the Agreement present and voting. Regional economic integration organization may not use their right to vote, if the Member States exercise their rights to vote and vice versa.
 
Article vi reports on implementation each party must submit to each meeting of the parties to the current report on the implementation of the provisions of the Treaty. It must be distributed to the parties no later than 90 days before the current meeting.
 
Article VII Amendment 1 amendments in the contract this contract can be done at each meeting of the parties.
2. Proposals for amendments can be proposed by each party.
3. the text of each proposed amendment and the reasons therefor must be notified to the depositary at least 90 days before the meeting. The depositary must distribute a copy on the parties.
4. Corrections to accept by a two-thirds majority of the parties and at balsojušaj and should enter into force for those parties which have accepted it, 60 days after the fifth instrument of approval of the amendment with the Depositary Government deposits. Then the party will enter into force 30 days after the approval of corrections laying depositary.
 
Article VIII reservations the provisions of this agreement may not enforce the clauses of a general nature. However, the range State or regional economic integration organization have become Parties in accordance with article XI, X, or may introduce specific reservations on each individual species of bats.
 
Article IX settlement of disputes any dispute which may arise between the parties concerning the interpretation of this agreement or contract, you must izdiskut the explanations of the negotiations between the parties to the dispute.
 
Article x signature, ratification, acceptance and approval of this agreement will open the range States and regional economic integration organizations which may be parties to sign: (a) signature without reservation as to ratification, acceptance or approval;
or (b) signature with reservation in respect of ratification, acceptance or approval, followed by ratification, acceptance or approval.
The instrument of ratification, acceptance or approval shall be deposited with the depositary.
This Treaty shall remain open for signature until the entry into force of the Treaty.
 
Article XI accession

After the entry into force of the agreement, this agreement will be available to join, the range States and regional economic integration organizations. Instrument of accession must be deposited with the depositary.
 
Article XII entry into force this Agreement shall enter into force on the 90th day after the date on which five range States become parties in accordance with article X. Following its entry into force or pievienojušaj countries signatory thirty days after the deposit of instruments of ratification, acceptance, approval or consent instrument deposits.
 
Article XIII denunciation and suspension any party may at any time denounce this agreement by written notification to the depositary. This denonsējum will enter into force twelve months after its receipt by the depositary. This agreement shall remain in force for at least a decade, then, until it is at least five.
 
Article XIV the depositary the original of this contract, the authentic in the English, French and German languages, shall be deposited with the Government of the United Kingdom, who will be the depositary and will send the certified copies of all States and regional economic integration organizations which have signed the Treaty, or on instruments of ratification, acceptance, approval or accession.
The depositary shall inform all range States and regional economic integration organisations on signature or ratification, acceptance, approval or accession, the agreement effective on the date of entry into force, amendments, reservations and notifications of denunciation.
In witness whereof, this agreement duly signed by the authorised Developed in London in 1991 to 4 December.
 

Agreement on the Conservation of bats in Europe the Contracting Parties RECALLING the Convention on the Conservation of Migratory Species of Wild animals opened for signature in Bonn on 23 June 1979;
RECOGNISING the unfavourabl of the conservation status of bats in Europe and non-European range States and in particular the serious threat to them from habitat degradation, disturbanc of roosting sites and certain pesticide;
Conscious that the threats facing bats in Europe and non-European range States with common to both migratory and non-migratory species and that is often shared by roosts with migratory and non-migratory species;
RECALLING that the first meeting of the Conference of the parties to the Convention on the Conservation of Migratory Species of Wild animals held in Bonn in October 1985 agreed to add European species of CHIROPTER (Rhinolophida and Vespertilionida) to Appendix II of the Convention and instructed the Secretariat of the Convention to take appropriate measure to develop an agreement for these species;
CONVINCED that the conclusion of an agreement for these species would greatly benefit the conservation of bats in Europe;
Have agreed as follows: article I scope and Interpretation For the purpose of this agreement: (a) "Convention" means the Convention on the Conservation of Migratory Species of Wild animals (Bonn, 1979);
(b) the "Baht" means European population of CHIROPTER (Rhinolophida and Vespertilionida) occurring in Europe and non-European range States;
(c) "range State" means any State (whethers or not it is a Party to the Convention) that exercises jurisdiction over any part of the range of a species covered by this agreement;
(d) "Regional Economic Integration Organisation" means an organisation constituted by sovereign States to which this agreement applies and which has competence in the matters covered by this agreement and has been duly authorised, in accordanc with its internal procedures, to sign, accept, approve, ratify.â or accede to it;
(e) "parties" means, unless the context otherwise indicates, parties to this agreement;
(f) "In Europe" means the continent of Europe.
 
Article II General Provision 1. This agreement is an agreement within the meaning of paragraph 3 of article IV of the Convention.
2. The provision of this Agreement shall not relieve parties of their obligation under any existing treaty, convention or agreement.
3. Each Party to this Agreement shall designat one or more competent authorities to whom it shall assign the responsibility for the implementation of this agreement. It shall communicate the name and address of its authority or authorities to the other parties to this agreement.
4. Appropriate administrative and financial support for this Agreement shall be determined by its parties in consultation with the parties to the Convention.
 
Article III Fundamental Obligations 1. Each Party shall to the prohibi deliberate capture, keeping or killing of bats except under permit from its competent authority.
2. Each Party shall identify those sites within its own area of jurisdiction which are important for the conservation status, including for the shelter and protection, of the baht. It shall, taking into account economic and social considerations as not cessary to protect such sites from damage or disturbanc. In addition, each Party shall endeavour to identify and protect important feeding areas for bats from damage or disturbanc.
3. When deciding which habitats to protect for general conservation purpose of each Party shall give due weight to habitats that are important for bats.
4. Each Party shall take the appropriate measure to promote the conservation of bats and shall promote public awareness of the importanc of bat conservation.
5. Each Party shall assign to an appropriate body responsibilities for the provision of advice on bat conservation and management within its territory particularly with regards to the baht in the building. Parties shall exchange information on their experience in this matter.
6. Each Party shall take such additional action as it does not consider the cessary safeguards population of bats which it identified as being subject to threat and shall report them under article VI on the action taken.
7. Each Party shall, as appropriate, promote research programmes relating to the conservation and management of bats. Parties shall consult each other on such research program, and shall endeavour to co-ordinat is such research and conservation program.
8. Each Party shall, wherever appropriate, consider the potential effects of a pesticide on the baht, when assessing pesticide for use, and shall endeavour to replace timber treatment chemicals which are highly toxic to bats with safer alternatives.
 
Article IV National Implementation Each Party shall adop 1 and enforce such legislative and administrative measure may not be the axis of the cessary for the purpose of giving effect to this agreement.
2. The provision of this Agreement shall in no way be affec the right of parties to a stricter measure of adop concerning the conservation of bats.
 
Article V meetings of the parties 1. There shall be periodic meetings of the parties to this agreement. The Government of the United Kingdom shall call the first meeting of the parties to the agreement not later than three years after the date of entry into force of the agreement. The parties to the agreement shall adop rules of procedure for their meetings and financial rules, including the provision on the budget and the scale of contributions for the next financial period. Such rules shall be adopted by a two-thirds majority of the Parties present and voting. Decision taken under the financial rules shall require a three-quarters majority of the Parties present and voting.
2. At their meetings the parties may establish such scientific working group and others as they see fit.
3. Any State or Regional Economics Rank Integration Organisation not a Party to this agreement, the Secretariat of the Convention, the Council of Europe in its capacity as the Secretariat of the Convention on the Conservation of European Wildlife and Natural habitats and similar intergovernmental organisations may be represented by an observer at meetings of the parties. Any agency or body technically qualified in the conservation and management of bats may be represented by an observer at meetings of the parties unless for at least one-third of the Parties present object. Only parties may vote at meetings of the parties.
4. Except as provided for in paragraph 5 below, each Party to this Agreement shall have one vote.
5. Regional Economic Integration organisations which are parties to this Agreement shall, in matters within their competence, exercise their right to vote with a number of votes equal to the number of their Member States which are parties to the agreement and present at the time of the vote. A Regional Economic Integration Organisation shall not exercise its right to vote if its Member States exercise their will, and vice versa.
 
Article VI reports on Implementation Each Party shall present to each meeting of the parties an up-to-date report on its implementation of this agreement. It shall circulate the report to the parties not less than 90 days before the opening of the ordinary meeting.
 
Article VII amendment of the agreement 1. This agreement may be amended at any meeting of the parties.
2. Proposals for amendment may be made by any Party.
3. The text of any proposed amendment and the reasons for it shall be communicated to the Depositary at least 90 days before the opening of the meeting. The Depositary shall transmit forthwith to the cop to parties.
4. Amendments shall be adopted by a two-thirds majority a of the Parties present and voting and shall enter into force for those parties which have accepted them 60 days after the deposit of the fifth instrument of acceptance of the amendment with the Depositary. Thereafter, they shall enter into force for a Party 30 days after the date of deposit of its instrument of acceptance of the amendment with the Depositary.
 
Article Viii Reservations

The provision of this Agreement shall not be subject to general reservations. However, a range State or Regional Economic Integration Organisation may, on becoming a Party in accordanc with article X or XI, enter a specific reservation with regard to any particular species of bat.
 
Article IX settlement of Any dispute of the Dispute which may «arise between parties with respect to the interpretation or application of the provision of this Agreement shall be subject to negotiation between the parties involved in the dispute.
 
Article X signature, Ratification, acceptance and Approval this Agreement shall be open to signature by range States or Regional Economic Integration organisations who may become parties either by: (a) signature without reservation in respect of ratification, acceptance or approval;
or (b) signature with reservation in respect of ratification, acceptance or approval, followed by ratification, acceptance or approval.
The instrument of ratification, acceptance or approval shall be deposited with the Depositary.
This agreement shall remain open for signature until the date of entry into force of the agreement.
 
Article XI Accession this Agreement shall be open for accession by range States or Regional Economic Integration organisations after the date of entry into force of the agreement. Instruments of accession shall be deposited with the Depositary.
 
Article XII Entry into force this Agreement shall enter into force on the ninetieth day following the date on which five range States have become parties in accordanc with article X. it shall Thereafter enter into force for a signatory or acceding State on the thirtieth day after the deposit of its instrument of ratification, acceptance, approval or accession.
 
Article XIII Denunciation and Termination Any Party may denounc this agreement by written notification to the Depositary at any time. The denunciation shall take effect twelve months after the date on which the Depositary has received the notification. The agreement shall remain in force for at least ten years, and thereafter shall terminate on the date on which there cease to be at least five parties theret.
 
Article XIV the Depositary the original of the agreement in the English, French and German, each version being equally authentic, shall be deposited with the Government of the United Kingdom, which shall be the Depositary and shall transmit certified thereof to all the States to cope and any Regional Economic Integration organisations that have signed the agreement or deposited an instrument of ratification, acceptance, approval or accession.
The Depositary shall inform all range States and Regional Economic Integration organisations of signatures, deposit of instruments of ratification, acceptance, approval or accession, the entry into force of this agreement, amendments to the reservations and notifications theret of denunciation.
In witness thereof, the undersigned, being duly authorised the to that effect have signed this agreement.
Done at London this fourth day of December in the year one thousand nine hundred and ninety-one.