Rs 0.451.461 The 4 December 1991 Agreement On The Conservation Of Populations Of Bats In Europe (With Annex)

Original Language Title: RS 0.451.461 Accord du 4 décembre 1991 relatif à la conservation des populations de chauves-souris d’Europe (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.451.461 original text agreement on the conservation of populations of bats of Europe determined to London on December 4, 1991, Instrument of accession deposited by the Switzerland on 27 June 2013 entered into force for the Switzerland on July 27, 2013 (State July 27, 2013) the Contracting Parties, recalling the Convention on the conservation of migratory species of wildlife that are open for signature at Bonn on 23 June 1979;
grateful the unfavourable state of the conservation of bats in Europe and non-European of their range States and in particular the serious threat that do influence the degradation of Habitat, disruption of their cottages and some pesticides;
aware that threats to which are exposed to bats in Europe and non-European of their range States, are common to the migratory and non-migratory species and that the cottages are often shared by species migratory and non-migratory;
Recalling that the first session of the Conference of the Parties to the Convention on the conservation of migratory species belonging to the wildlife, that was held in Bonn in October 1985, agreed to add the European species of Microchiroptera (Molossidae and Rhinolophidae, Vespertilionidae) in Appendix II of the Convention and asked the Secretariat of the Convention to take the necessary steps to develop an agreement on these species;
convinced that the conclusion of an agreement for these species would be in the best interest of the conservation of bats in Europe and in States outside Europe of their range;
agreed to the following: art. I scope and interpretation for the purposes of this agreement: a) "Convention" means the Convention on the conservation of the species; b) "Bats" means European populations of Chiroptera mentioned in annex 1 of this agreement located in Europe or outside Europe of their range States; c) "Range State" shall mean any State (whether or not party to the Convention) that has jurisdiction on a any part the range of a species covered by this agreement; d) "Regional economic integration organization" means an organization constituted by sovereign States to which applies this Agreement who has jurisdiction in the areas on which door this agreement and has been duly authorized, in accordance with its rules of procedure, to sign, ratify it, accept, approve or accede; e) "Parties" means (unless the context otherwise requires, the Parties to this agreement; f) 'in Europe' means the European continent.

Art. II general provisions 1. This agreement is an agreement within the meaning of the by. 3 of art. IV of the Convention.
2. the provisions of this agreement do not relieve the Parties of the obligations they have incurred under the terms of any treaty, any agreement or any existing agreement.
3. each party to this agreement designates one or more competent authorities to which she assigns responsibility for the implementation of this agreement. It shall communicate the name and address of this or these authorities to the other Parties to this agreement.
4. the administrative and financial support should be given to the agreement is determined by its Parties in consultation with the Parties to the Convention.
5. the Annexes to this agreement are an integral part of this agreement. Any reference to the agreement is also a reference to its Annexes.

Art. III fundamental obligations 1. Each part prohibits the capture, detention or intentional killing of bats, except when a permit is issued by the competent authority.
2. each party identifies, in the territory under its jurisdiction, the sites that are important to the State of conservation of bats, particularly for shelter and protection. Taking into account the need of economic and social considerations, it protects from such sites from damage or disturbance. In addition, each Party shall identify and protect important feeding areas for bats from any degradation or disruption.
3. when deciding on the habitats to protect for General conservation purposes, each party takes due account the habitats that are important for bats.
4 each Party shall take appropriate measures to encourage the conservation of bats and work to raise awareness of the importance of the conservation of bats.
5. each party assigns a competent body responsible for providing advice on the conservation and management of bats within its territory, in particular with regard to bats in buildings. The Parties exchange information on their experiences in this area.
6. each Party shall take any further action deemed necessary to safeguard populations of bats which she identifies as threatened and reports, to the terms of art. VI, the measures taken.
7. each party is committed, in the way that suits, to encourage research programmes on the conservation and management of bats. The Parties shall consult about such programs of research and strive to coordinate such research and conservation programs.
8. each part takes into account, where appropriate, the potential effects of pesticides on bats in the evaluation of pesticides with a view to their employment and strives to replace wood treatment chemicals that are highly toxic to bats, by less dangerous substitutes.

Art. IV. implementation at the national level 1. Each party adopts and implements all legislative and administrative measures necessary to make effective the provisions of this agreement.
2. the provisions of this Agreement shall affect in any way the right of Parties to adopt stricter measures for the conservation of bats.

Art. V meetings of the Parties 1. Periodic meetings of the Parties to this agreement are organised. The Government of the United Kingdom shall convene the first meeting of the Parties to this agreement no later than 3 years after the date of entry into force of the agreement. The Parties to the agreement adopt rules of procedure for their meetings and financial regulations, including the provisions relating to the budget and the scale of contributions for the following year. These rules and regulations are adopted by a majority of two-thirds by the Parties present and voting. Decisions taken pursuant to the financial regulation must be taken at the majority of three fourths of the Parties present and voting.
2 at their meetings, the Parties may, if they consider good to do, establish scientific groups and other working groups.
3 any State of the range or any organization of regional economic integration, which is not a party to this agreement, the Secretariat of the Convention, the Council of Europe in his capacity as Secretariat of the Convention on the conservation of wildlife and the environment in Europe, and similar intergovernmental organization may be represented by observers at the meetings of the Parties. Any agency or body technically competent conservation and management of bats may be represented by observers at the meetings parties unless one third of the Parties present is opposed. Only Parties have the right to vote at the meetings of the Parties.
4. subject to the provisions of the by. 5 below, each party to this Agreement shall have one vote.
5. the organizations of regional economic integration which are Parties to this agreement have, in areas that are their responsibility, their right to vote with a number of votes equal to the number of their Member States that are Parties to the agreement and present at the time of the vote. A regional economic integration organization does not exercise its right to vote if its Member States exercise of their, and vice versa.

Art. VI reports on implementation each Party shall submit to each meeting of the Parties an updated report on the application of this agreement. It shall forward the report to the Parties at least 90 days before the opening of the ordinary meeting.

Art. VII. amendment of the agreement 1. This agreement may be amended at any meeting of the Parties.
2. any party may make proposals for amendment.
3. the text of any proposed amendment and the reasons for the amendment are communicated to the depositary at least 90 days before the opening of the meeting. The custodian immediately address copies of these documents to the Parties.
4. any amendment to this agreement, other than an amendment to its Annexes, is adopted by a majority of two-thirds of the Parties present and voting and comes into force for the Parties which have accepted it 60 days after the deposit of the fifth instrument of approval of the amendment with the depositary. Later, he comes into force for a party 30 days after the date of deposit of its instrument of approval of the amendment with the depositary.

5. any new annex, as well as any amendment to an annex, are adopted by a majority of two-thirds of the Parties present and voting, and come into force with respect to all Parties on the sixtieth day after its adoption by the meeting of the Parties, except for Parties which have entered a reservation in accordance with the by. 6 of this Article.
6. in the period of 60 days provided in the by. 5 of this Article, any party may, by written notification to the depositary make a reservation in respect of a new annex or an amendment to an annex. Such a reservation may be withdrawn at any time by written notification to the depositary; the new annex or amendment enters into force for that party the sixtieth day after the date of the withdrawal of the reservation.
(7 any State which becomes party to the agreement after the entry into force of an amendment is, without expressing an intention different, regarded as being: has) party to the agreement as amended; ETB) party to the agreement not amended in the light of any party to the agreement which is not bound by the agreement on the amendment.

Art. VIII reservations the provisions of this agreement may not be subject to General reservations. However, a range State or a regional economic integration organization may, at the time it becomes party in accordance with art. X or XI, enter a specific reservation with regard to any particular species of bat.

Art. IX settlement of disputes any dispute which may arise between the Parties concerning the interpretation or application of the provisions of the present agreement will be settled by negotiation between the Parties to the dispute.

Art. X Signature, ratification, acceptance and approval this agreement will be opened for signature by range States or regional economic integration organizations which may become Parties either: has) by signature without reservations in what will be the ratification, acceptance or approval; soitb) by signing with reserves which will concern the ratification, acceptance or approval, followed by ratification, acceptance or approval.

The instruments of ratification, acceptance or approval shall be deposited with the depositary.
This agreement will remain open for signature until its entry into force.

Art. XI membership of the range States or regional economic integration organizations may accede to this agreement after its entry into force. The instruments of accession shall be deposited with the depositary.

Art. XII. entry into force this agreement comes into force the ninetieth day after the date on which five range States become Parties in accordance with art. X. afterwards, it comes into force for a State signatory or member the thirtieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession.

Art. XIII denunciation and termination. any party may, at any time, denounce this agreement by written notification to the depositary. The denunciation shall take effect twelve months after the date on which the depositary receives notification. The agreement will remain in force for at least ten years and thereafter will cease on the date to which there only will be plus at least five parts to it.

Art. XIV depositary the original of the agreement, in English, French and German languages, each text being equally authentic, shall be deposited with the Government of the United Kingdom, which will be the custodian and send certified copies proving thereto to all States and to all regional economic integration organizations that have signed the agreement or have deposited instruments of ratification acceptance, approval or accession.
The depositary shall inform all range States and all organizations of economic integration of signatures, deposit of instruments of ratification, acceptance, approval or accession, the entry into force of this agreement, the amendments that will be made, reservations and notifications of denunciation.
In faith of what, the undersigned, duly authorized to that effect, have signed this agreement.
Done at London, December four thousand nine hundred and ninety-one.
(Follow signatures)

Schedule 1 species of bats of Europe covered by the agreement Pteropodidae forest egyptiacus (Geoffroy, 1810) Emballonuridae Taphozous nudiventris (Cretzschmar, 1830) Rhinolophidae Rhinolophus blasii Peters, 1866 Rhinolophus euryale Blasius, 1853 Rhinolophus ferrumequinum (Schreber, 1774) Rhinolophus hipposideros (Bechstein, 1800) Rhinolophus mehelyi Matschie, 1901 Vespertilionidae Barbastella barbastellus (Schreber, 1774) Barbastella bromeliads (Cretzschmar, 1830) Eptesicus bottae (Peters, 1869) Eptesicus nilssonii (Keyserling & Blasius, 1839) Eptesicus serotinus (Schreber (1774) Myotis bechsteinii (Kuhl, 1817) Myotis blythii (volumes, 1857) Myotis brandtii (Eversmann, 1845) Myotis capaccinii (Bonaparte, 1837) Myotis dasycneme (Boie, 1825) Myotis daubentoni (Kuhl, 1817) Myotis emarginatus (Geoffroy, 1806) Myotis myotis (Borkhausen, 1797) Myotis mystacinus (Kuhl, 1817) Myotis nattereri (Kuhl, 1817) Myotis schaubi Kormos, 1934 Nyctalus lasiopterus (Schreber, 1780) Nyctalus leisleri (Kuhl, 1817) Nyctalus noctula (Schreber, 1774) Otonycteris hemprichii Peters, 1859 Pipistrellus kuhlii (Kuhl 1817) Pipistrellus forest (Keyserling & Blasius, 1839) Pipistrellus pipistrellus (Schreber, 1774) Pipistrellus raccoon Leach, 1825 Pipistrellus savii (Bonaparte, 1837) preferable fish (Linnaeus, 1758) preferable austriacus (Fischer, 1829) Vespertilio murinus, Linnaeus, 1758 Miniopterus schreibersii (Kuhl, 1817) Molossidae-Tadarida teniotis (Rafinesque, 1814) scope on June 28, 2013, States parties Ratification accession (A) Signature without reservation of ratification (if any) coming into force Albania 22 March 2001 to 21 April 2001 Germany 18 October 1993 16 January 1994 Belgium * may 14, 2003 June 13

2003 Bulgaria 9 November 1999 December 9, 1999 Cyprus A November 13, 2012 December 13, 2012 Croatia 8 August 2000 has 7 September 2000 Denmark January 6, 1994 5 February 1994 Estonia * 11 November 2004 December 11, 2004 Finland September 20, 1999 was October 20, 1999 France 7 July 1995 August 6, 1995 Georgia 25 July 2002 August 24, 2002 Hungary 22 June 1994 has 22 July 1994 Ireland 21 June 1995 July 21, 1995 Italy 20 October 2005 November 19, 2005 Latvia 1 August 2003 was 31 August 2003 Lithuania 28 November 2001 to December 28, 2001 Luxembourg 29 October 1993 16 January 1994 Macedonia 15 September 1999 October 16, 1999 Malta 2 March 2001 has 1 April 2001 Moldova 2 February 2001 4 March 2001 Monaco July 23, 1999 August 22, 1999 Montenegro 28 March 2011 has 27 April 2011 Norway February 3, 1993, so January 16, 1994 Netherlands 17 March

1992 January 16, 1994 Poland April 10, 1996 has 10 May 1996 Portugal January 10, 1996 9 February 1996 Azores 20 September 2010 September 20, 2010 Madeira 20 September 2010 20 September 2010 Romania 20 July 2000 has 19 August 2000 United Kingdom September 9, 1992 January 16, 1994 Gibraltar 9 September 1992 January 16, 1994 Guernsey 23 June 1999 23 June 1999 Isle of Man 9 September 1992 January 16, 1994 Jersey October 29, 2001 October 29, 2001 Czech Republic

24 February 1994 A March 26, 1994 San - Marino April 9, 2009 A 9 May 2009 Slovakia 9 July 1998 to 8 August 1998 Slovenia 5 December 2003 January 4, 2004 Switzerland June 27, 2013 has July 27, 2013 Sweden 4 March 1992 if January 16, 1994 Ukraine 30 September 1999 A October 30, 1999 * Reserves and reserves and statements are not published to the RO. The texts in English can be obtained at the Directorate of public international law (FDFA), Section of international treaties, 3003 Bern.

Subject to approval of that name by the C.I.N.Z.
A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on July 27, 2013

Related Laws