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RS 0.451.461 Agreement of 4 December 1991 on the conservation of bat populations 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)

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0.451.461

Original text

Agreement on the Conservation of Europe's bat populations 1

Conclu in London on 4 December 1991

Instrument of accession deposited by Switzerland on 27 June 2013

Entered into force for Switzerland on 27 July 2013

(State on 27 July 2013)

The Contracting Parties,

Recalling the Convention on the Conservation of Migratory Species of Wild Animals 2 Opened for signature in Bonn on 23 June 1979;

Recognising the negative state of conservation of bats in Europe and in non-European states in their range and, in particular, the serious threat to them of habitat degradation, disturbance of Their deposits and certain pesticides;

Aware that the threats to bats in Europe and in non-European states of their range are common to migratory and non-migratory species and that roosts 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 of Wild Animals, held in Bonn in October 1985, agreed to add European species of Microch I Roptera ( Molossidae , Rhinolophidae And Vespertilionidae ) Annex II to the Convention and instructed 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 greatest interest of the conservation of bats in Europe and in the non-European states of their range;

Agreed to the following:

Art. I Scope and interpretation

For the purposes of this Agreement:

(a)
The term "Convention" means the Convention on the Conservation of Species;
(b)
The term "Chauves-mice" means the European populations of Chiro P Tera As mentioned in Annex 1 of this Agreement in Europe or in non-European states of their range;
(c)
"State of the range" means any State (whether or not a Party to the Convention) that exercises jurisdiction over any part of the range of a species covered by this Agreement;
(d)
The term "Regional Economic Integration Organisation" means an organization established by sovereign States to which this Agreement applies and which has competence in the fields covered by this Agreement and has been duly Authorised, in accordance with its rules of procedure, to sign, ratify, accept, approve or accede to it;
(e)
The term "Parties" means, unless the context otherwise requires, the Parties to this Agreement;
(f)
The terms "in Europe" refer to the European continent.
Art. II General provisions

(1) This Agreement is an Agreement within the meaning of s. 3 of Art. IV of the Convention.

(2) The provisions of this Agreement shall not exempt the Parties from their obligations under any treaty, convention or existing agreement.

Each Party to this Agreement shall designate one or more competent authorities to which it shall assign responsibility for the implementation of this Agreement. It shall communicate the name and address of that authority or authorities to the other Parties to this Agreement.

Administrative and financial support for this Agreement shall be determined by its Parties in consultation with the Parties to the Convention.

5. The Annexes to this Agreement shall form an integral part of this Agreement. Any reference to the Agreement is also a reference to its Annexes.

Art. III Basic Obligation

1. Each Party shall prohibit the intentional capture, detention or killing of bats, except where a permit is issued by its competent authority.

2. Each Party shall identify, within its jurisdiction, the sites which are important for the state of conservation of bats, in particular for their protection and protection. By taking economic and social considerations into account, it protects such sites from any degradation or disturbance. In addition, each Party shall endeavour to identify and protect any degradation or disturbance to important feeding areas for bats.

In deciding which habitats should be protected for general conservation, each Party shall give due consideration to habitats that are important to bats.

4. Each Party shall take appropriate measures to encourage the conservation of bats and work to raise public awareness of the importance of bat conservation.

5. Each Party shall assign a competent body to provide advice on the conservation and management of bats within its territory, in particular with regard to bats in buildings. The Parties shall exchange information on their experiences in this field.

6. Each Party shall take any additional measures deemed necessary to safeguard the populations of bats which it identifies as threatened and shall report under s. VI, measures taken.

Each Party shall endeavour, in the appropriate manner, to encourage research programmes on the conservation and management of bats. The Parties shall consult each other on such research programmes and shall endeavour to coordinate such research and conservation programmes.

8. Each Party shall take into account, where appropriate, the potential effects of pesticides on bats during the assessment of pesticides for their use and shall endeavour to replace the chemicals in the processing of wood which are Highly toxic to bats, by less dangerous substitutes.

Art. IV Implementation at the national level

Each Party shall adopt and implement any legislative and administrative measures necessary to make the provisions of this Agreement effective.

2. The provisions of this Agreement shall in no way affect the right of the Parties to adopt more stringent measures for the conservation of bats.

Art. V Meetings of the Parties

Periodic meetings of the Parties to this Agreement shall be organized. 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 shall adopt rules of procedure for their meetings and a financial regulation, including the provisions relating to the budget and the scale of contributions for the following financial year. These rules and regulations shall be adopted by a two-thirds majority of the Parties present and voting. Decisions taken pursuant to the Financial Regulation shall be taken by a majority of three-fourths of the Parties present and voting.

2. At their meetings, the Parties may, if they deem appropriate, establish scientific groups and other working groups.

Any State of the range or any Regional Economic Integration Organisation which is 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 Conservation of wildlife and the natural environment in Europe, and similar intergovernmental organizations may be represented by observers at the meetings of the Parties. Any agency or body that is technically competent for the conservation and management of bats may be represented by observers at meetings of the parties unless at least one third of the Parties present are opposed to it. Only Parties shall have the right to vote at the meetings of the Parties.

4. Subject to the provisions of subs. 5 below, each party to this Agreement shall have one vote.

5. The Regional Economic Integration Organizations which are Parties to this Agreement shall exercise, in the fields of their competence, their right to vote with a number of votes equal to the number of their member States which are Parties to the Agreement Present at the time of the vote. A Regional Economic Integration Organisation does not exercise its right to vote if its member states exercise theirs, and vice versa.

Art. VI Application reports

Each Party shall submit to each meeting of the Parties an updated report on the implementation of this Agreement. It shall communicate 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 proposed amendments.

The text of any proposed amendment and the reasons for the amendment shall be communicated to the Depositary at least 90 days before the opening of the meeting. The Depositary shall forthwith send copies of such documents to the Parties.

4. Any amendment to this Agreement, other than an amendment to its Annexes, shall be adopted by a two-thirds majority of the Parties present and voting and shall enter into force for those Parties which have accepted it 60 days after the deposit of the fifth instrument Approval of the amendment to the Depositary. Thereafter, it shall enter into force for a Party 30 days after the date of deposit of its instrument of approval of the amendment with the Depositary.

Any new Annex, as well as any amendment to an Annex, shall be adopted by a two-thirds majority of the Parties present and voting, and shall enter into force in respect of all Parties on the sixtieth day after its adoption by the Meeting of Parties, except for Parties that have issued a reservation in accordance with par. 6 of this Article.

6. Within the 60-day period provided for in s. 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 the amendment shall enter into force for that Party on the sixtieth day after the date of withdrawal of the reservation.

7. Any State which becomes a Party to the Agreement after the entry into force of an amendment is, in the absence of having expressed a different intention, considered to be:

(a)
Part of the Agreement as amended; and
(b)
Part of the Agreement not amended in the light of any Party to the Agreement which is not bound by the Agreement bearing the amendment.
Art. VIII Reservations

The provisions of this Agreement shall not be subject to general reservations. However, a State of the range or a Regional Economic Integration Organisation may, at the time it becomes a Party in accordance with Art. X or XI, issue a specific reservation for any particular species of bat.

Art. IX Dispute Settlement

Any dispute that may arise between the Parties concerning the interpretation or application of the provisions of this Agreement shall be settled by negotiation between the Parties to the dispute.

Art. X Signature, ratification, acceptance and approval

This Agreement shall be open for signature by the States of the range or regional economic integration organizations which may become Parties either:

(a)
By signature without reservation in respect of ratification, acceptance or approval; or
(b)
By signature with reservations concerning ratification, acceptance or approval, followed by ratification, acceptance or approval.

Instruments of ratification, acceptance or approval shall be deposited with the Depositary.

This Agreement shall remain open for signature until the date of its entry into force.

Art. XI Accession

The States of the distribution area or the Regional Economic Integration Organizations may accede to this Agreement after its effective date. The instruments of accession shall be deposited with the Depositary.

Art. XII Entry into force

This Agreement shall enter into force on the ninetieth day after the date on which five States of the range have become Parties in accordance with Art. X. Thereafter, it shall enter into force for a signatory State or accede on the thirtieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession.

Art. XIII Termination and Termination

Any Party may, at any time, denounce this Agreement by written notification addressed to the Depositary. The denunciation shall take effect twelve months after the date on which the Depositary receives the notification. The Agreement shall remain in force for at least ten years and thereafter cease on the date on which there are no more than five parties to the Agreement.

Art. XIV Depositary

The original text of the Agreement, in the English, French and German languages, each text being equally authentic, shall be deposited with the Government of the United Kingdom, which shall be the Depositary and shall send certified copies of the said Agreement to all States and 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 States of the range and the Regional Economic Integration Organizations of the signatures, of the deposit of instruments of ratification, acceptance, approval or accession, of the entry into force of the Agreement, amendments thereto, reservations and notifications of denunciation.

In The undersigned, duly authorized to that effect, have signed this Agreement.

Done at London, on the fourth of December, nineteen hundred and ninety-one.

(Suivent signatures)

Annex 1

Species of Chiroptera of Europe covered by the Agreement

Pteropodidae

Rusettus egyptiacus (Geoffroy, 1810)

Emballonuridae

Taphozous nudiventris (Cretzschmar, 1830)

Rhinolophidae

Rhinolophus blasii Peters, 1866

Euryal Rhinolophus Blasius, 1853

Rhinolophus ferrumequinum (Schreber, 1774)

Rhinolophus hipposideros (Bechstein, 1800)

Rhinolophus mehelyi Matschie, 1901

Vespertilionidae

Barbastella barbasellus (Schreber, 1774)

Barbastella leucomelas (Cretzschmar, 1830)

Eptesicus bottae (Peters, 1869)

Eptesicus nilssonii (Keyserling & Blasius, 1839)

Eptesicus serotinus (Schreber, 1774)

Myotis bechsteinii (Kuhl, 1817)

Myotis blythii (Tomes, 1857)

Myotis brandtii (Eversmann, 1845)

Myotis capaccinii (Bonaparte, 1837)

Myotis dasycneme (Boie, 1825)

Myotis daubentonii (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 nathusii (Keyserling & Blasius, 1839)

Pipistrellus pipistrellus (Schreber, 1774)

Pipistrellus pygmaeus 1 Leach, 1825

Pipistrellus savii (Bonaparte, 1837)

Plecotus auritus (Linnaeus, 1758)

Plecotus austriacus (Fischer, 1829)

Vespertilio murinus Linnaeus, 1758

Miniopterus schreibersii (Kuhl, 1817)

Molossidae

Tadarida teniotis (Rafinesque, 1814)

Scope of application on 28 June 2013 2

States Parties

Ratification Accession (A) Signature without reservation of ratification (If)

Entry into force

Albania

22 March

2001 A

April 21

2001

Germany

18 October

1993

16 January

1994

Belgium *

14 May

2003

13 June

2003

Bulgaria

9 November

1999 A

9 December

1999

Cyprus

13 November

2012 A

13 December

2012

Croatia

8 August

2000 A

7 September

2000

Denmark

6 January

1994

5 February

1994

Estonia *

11 November

2004 A

11 December

2004

Finland

September 20

1999 A

20 October

1999

France

7 July

1995

August 6

1995

Georgia

July 25

2002 A

August 24

2002

Hungary

22 June

1994 A

July 22

1994

Ireland

21 June

1995

July 21

1995

Italy

20 October

2005 A

19 November

2005

Latvia

1 Er August

2003 A

August 31

2003

Lithuania

28 November

2001 A

28 December

2001

Luxembourg

29 October

1993

16 January

1994

Macedonia

September 15

1999 A

October 16

1999

Malta

2 March

2001 A

1 Er April

2001

Moldova

2 February

2001 A

March 4

2001

Monaco

July 23

1999 A

22 August

1999

Montenegro

28 March

2011 A

April 27

2011

Norway

3 February

1993 Si

16 January

1994

Netherlands

March 17

1992

16 January

1994

Poland

10 April

1996 A

10 May

1996

Portugal

10 January

1996

February 9

1996

Azores

September 20

2010

September 20

2010

Madeira

September 20

2010

September 20

2010

Romania

July 20

2000 A

19 August

2000

United Kingdom

9 September

1992

16 January

1994

Gibraltar

9 September

1992

16 January

1994

Guernsey

23 June

1999

23 June

1999

Isle of Man

9 September

1992

16 January

1994

Jersey

29 October

2001

29 October

2001

Czech Republic

24 February

1994 A

26 March

1994

San Marino

April 9

2009 A

9 May

2009

Slovakia

July 9

1998 A

8 August

1998

Slovenia

5 December

2003 A

4 January

2004

Switzerland

27 June

2013 A

27 July

2013

Sweden

March 4

1992 If

16 January

1994

Ukraine

September 30

1999 A

30 October

1999

*

Reservations and declarations

Reservations and declarations are not published in the RO. Texts in English can be obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


1 Subject to the approval of this name by the I.N.Z.
2 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on July 27, 2013