Key Benefits:
Original text
(State on 22 January 2016)
The member States of the Council of Europe and the other signatories of this Convention,
Whereas the aim of the Council of Europe is to achieve a closer union among its members;
Considering the willingness of the Council of Europe to cooperate with other states in the field of nature conservation;
Recognizing that wild flora and fauna constitute a natural heritage of aesthetic, scientific, cultural, recreational, economic and intrinsic value, which must be preserved and transmitted to future generations;
Recognising the essential role of wild flora and fauna in maintaining biological balances;
Noting the scarcity of many species of wild flora and fauna and the threat of extinction weighing on some of them;
Aware that the conservation of natural habitats is one of the essential elements of the protection and preservation of wild flora and fauna;
Recognising that the conservation of wild flora and fauna should be taken into account by governments in their national objectives and programmes, and that international cooperation should be established in order to preserve the In particular migratory species;
Aware of the numerous requests for joint action by Governments or international bodies, in particular those expressed by the United Nations Conference on the Environment, 1972 and the Consultative Assembly of the Council of Europe;
In particular to follow in the field of the conservation of wildlife the recommendations of Resolution No. O 2 of the Second European Ministerial Conference on the Environment,
Agreed to the following:
1. The purpose of this Convention is to ensure the conservation of wild flora and fauna and their natural habitats, in particular species and habitats whose conservation requires the cooperation of several States, and to promote Such cooperation.
2. Special attention is paid to species, including migratory species, threatened with extinction and vulnerable.
The Contracting Parties shall take the necessary measures to maintain or adapt the population of wild flora and fauna to a level which corresponds in particular to ecological, scientific and cultural requirements, taking into account the Economic and recreational requirements and the needs of threatened subspecies, varieties or forms locally.
Each Contracting Party shall take the necessary measures to ensure that national policies for the conservation of wild flora and fauna and natural habitats are implemented, giving special attention to species Threatened with extinction and vulnerable, especially endemic species, and endangered habitats, in accordance with the provisions of this Convention.
2. Each Contracting Party undertakes, in its development and development policy and in its measures to combat pollution, to take into account the conservation of wild flora and fauna.
3. Each Contracting Party shall encourage the education and dissemination of general information concerning the need to conserve species of wild flora and fauna and their habitats.
Each Contracting Party shall take appropriate and necessary legislative and regulatory measures to protect the habitats of wild species of flora and fauna, in particular those listed in Annexes I and II, and for To safeguard natural habitats threatened with extinction.
2. The Contracting Parties shall take into account, in their development and development policies, the conservation needs of the protected areas referred to in the preceding paragraph, in order to avoid or minimise any deterioration of Such fields.
3. The Contracting Parties undertake to pay particular attention to the protection of areas which are of importance to migratory species listed in Annexes II and III and which are adequately situated in relation to the routes Migration, as wintering, staging, feeding, breeding, or moulting areas.
4. The Contracting Parties undertake to coordinate as much as necessary their efforts to protect the natural habitats referred to in this Article when they are located in regions which extend across borders.
Each Contracting Party shall take the appropriate legislative and regulatory measures necessary to ensure the particular conservation of the species of wild flora listed in Annex 1. The collection, collection, cutting, or intentional disturbance of the affected plants will be prohibited. Each Contracting Party shall prohibit, as far as necessary, the holding or marketing of such species.
Each Contracting Party shall take the appropriate legislative and regulatory measures necessary to ensure the particular conservation of the wild fauna species listed in Annex II. In particular, it will be prohibited for these species:
Each Contracting Party shall take the appropriate legislative and regulatory measures necessary to protect the species of wildlife listed in Annex III.
2. Any exploitation of wildlife listed in Annex III shall be regulated in such a way as to maintain the existence of these populations out of danger, taking into account the provisions of Art. 2.
These measures include, inter alia:
With regard to the capture or killing of the wildlife species listed in Annex III, and in cases where derogations in accordance with Art. 9 are made in respect of the species listed in Annex II, the Contracting Parties shall prohibit the use of all non-selective means of capture and killing and the means likely to cause local extirpation, Or seriously disturb the tranquillity of the populations of a species, in particular the means listed in Annex IV.
(1) Provided that there is no other satisfactory solution and that the derogation does not affect the survival of the population concerned, each Contracting Party may derogate from the provisions of Art. 4, 5, 6, 7 and the prohibition of the use of the means referred to in s. 8:
2. The Contracting Parties shall submit to the Standing Committee a biennial report on the derogations made under the preceding paragraph. These reports should include:
1. In addition to the measures specified in s. 4, 6, 7 and 8, the Contracting Parties undertake to coordinate their efforts for the conservation of the migratory species listed in Annexes II and 111 and whose range extends over their territories.
(2) Contracting Parties shall take measures to ensure that periods of closure and/or other regulatory measures of exploitation established under s. 3.a of art. 7 correspond well to the needs of the migratory species listed in Annex III.
In carrying out the provisions of this Convention, the Contracting Parties undertake to:
2. Each Contracting Party undertakes:
Each Contracting Party shall make known to the Standing Committee the species which have total protection in its territory and which are not included in Annexes I and II.
Contracting Parties may adopt more stringent measures for the conservation of wild flora and fauna and their natural habitats than those provided for in this Convention.
1. A Standing Committee shall be constituted for the purposes of this Convention.
(2) Any Contracting Party may be represented on the Standing Committee by one or more delegates. Each delegation shall have one vote. In fields falling within its competence, the European Economic Community shall exercise its right to vote with a number of votes equal to the number of its member States which are Contracting Parties to this Convention; the Economic Community The European Union shall not exercise its right to vote in cases where the Member States concerned exercise theirs and vice versa.
(3) Any member State of the Council of Europe which is not a Contracting Party to the Convention may be represented on the Committee by an observer.
The Standing Committee may, acting unanimously, invite any non-member State of the Council of Europe which is not a Contracting Party to the Convention to be represented by an observer at one of its meetings.
Any body or institution technically qualified in the field of the protection, conservation or management of wild flora and fauna and their habitats, and belonging to one of the following categories:
May inform the Secretary General of the Council of Europe, at least three months before the meeting of the Committee, of their intention to be represented at the meeting by observers. They shall be admitted unless, at least one month before the meeting, one third of the Contracting Parties have informed the Secretary General that they are against it.
The Standing Committee shall be convened by the Secretary General of the Council of Europe. It shall hold its first meeting within one year from the date of entry into force of the Convention. It shall meet thereafter at least every two years and, in addition, where the majority of the Contracting Parties so request.
The majority of the Contracting Parties shall constitute a quorum for holding a meeting of the Standing Committee.
6. Subject to the provisions of this Convention, the Standing Committee shall establish its rules of procedure.
The Standing Committee shall be responsible for monitoring the implementation of this Convention. In particular, it can:
2. In order to carry out its tasks, the Standing Committee may, on its own initiative, provide for meetings of expert groups.
After each of its meetings, the Standing Committee shall transmit to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.
1. Any amendment to the articles of this Convention, proposed by a Contracting Party or by the Committee of Ministers, shall be communicated to the Secretary General of the Council of Europe and transmitted by him at least two months before the meeting of the Standing Committee to the member States of the Council of Europe, to any signatory, to any Contracting Party, to any State invited to sign this Convention in accordance with the provisions of Article 19 and any State invited to accede to it, in accordance with Provisions of Article 20.
2. Any amendment proposed in accordance with the provisions of the preceding paragraph shall be considered by the Standing Committee which shall:
3. Any amendment shall enter into force on the thirtieth day after all Contracting Parties have informed the Secretary General that they have accepted it.
The provisions of paragraphs 1, 2.a and 3 of this Article shall apply to the adoption of new annexes to this Convention.
1. Any amendment to the annexes to this Convention, proposed by a Contracting Party or by the Committee of Ministers, shall be communicated to the Secretary General of the Council of Europe and transmitted by him at least two months before the meeting of the Standing Committee to the member States of the Council of Europe, to any signatory, to any Contracting Party, to any State invited to sign this Convention in accordance with the provisions of Art. 19 and any State invited to accede to it, in accordance with the provisions of Art. 20.
2. Any amendment proposed in accordance with the provisions of the preceding paragraph shall be considered by the Standing Committee, which may adopt it by a two-thirds majority of the Contracting Parties. The adopted text shall be communicated to the Contracting Parties.
3. At the end of a period of three months after its adoption by the Standing Committee, and unless one third of the Contracting Parties have notified objections, any amendment shall enter into force in respect of Contracting Parties which have not notified Objections.
The Standing Committee shall facilitate as much as necessary the amicable settlement of any difficulty in which the implementation of the Convention would give rise.
2. Any dispute between Contracting Parties concerning the interpretation or application of this Convention which has not been settled on the basis of the provisions of the preceding paragraph or by negotiation between the parties to the dispute and Unless the parties agree otherwise is, at the request of one of them, submitted to arbitration. Each Party shall appoint an arbitrator and the two arbitrators shall appoint a third arbitrator. If, subject to the provisions of subs. 3 of this Article, within three months of the request for arbitration, one of the parties has not appointed its arbitrator, the President of the European Court of Human Rights shall, at the request of the other party, proceed to its appointment in A new three-month period. The same procedure applies in the case where the two arbitrators cannot agree on the choice of the third arbitrator within three months of the appointment of the first two arbitrators.
3. In the event of a dispute between two Contracting Parties of which one is a Member State of the European Economic Community, itself Contracting Party, the other Contracting Party shall address the request for arbitration both to that Member State and to the Community, which shall notify it jointly, within two months of the receipt of the request, whether the Member State or the Community, or the Member State and the Community jointly, are party to the dispute. In the absence of such notification within the said time limit, the Member State and the Community shall be deemed to be one and the same party to the dispute for the application of the provisions governing the constitution and procedure of the arbitral tribunal. The same applies when the Member State and the Community are jointly party to the dispute.
4. The arbitral tribunal shall establish its own rules of procedure. Decisions are taken by a majority. Its award is final and binding.
5. Each party to the dispute shall bear the costs of the arbitrator appointed by the arbitrator and the parties shall bear the costs of the third arbitrator on an equal basis, as well as other expenses incurred by the arbitration.
1. This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration, as well as that of the European Economic Community.
Until the date of its entry into force, it is also open for signature by any other State invited to sign it by the Committee of Ministers.
The Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
2. The Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to be bound by The Convention in accordance with the provisions of the preceding paragraph.
3. It shall enter into force in respect of any signatory State or of the European Economic Community, which shall subsequently express their consent to be bound by it, on the first day of the month following the expiration of a period of three months after The date of deposit of the instrument of ratification, acceptance or approval.
After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Contracting Parties, invite to accede to the Convention any State not member of the Council which, invited to sign it Pursuant to the provisions of s. 19, will not have done so yet, and any other non-member state.
2. For any State Party, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
(2) Any Contracting Party may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Convention by declaration addressed to the Secretary General of the Council of Europe, in any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.
(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, formulate one or more reservations with regard to certain species listed in Annexes I to III and/or, For some of these species that will be indicated in the reserve (s), in respect of certain hunting methods or methods and other forms of exploitation referred to in Schedule IV. General reservations are not allowed.
(2) Any Contracting Party which extends the application of this Convention to a territory designated in the declaration provided for in paragraph 2. 2 of the art. 21 may, for the territory concerned, formulate one or more reservations in accordance with the provisions of the preceding paragraph.
3. No other reservation is permitted.
4. Any Contracting Party which has made a reservation under s. 1 and 2 of this Article may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.
1. Any Contracting Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any signatory State, the European Economic Community signatory to this Convention, and any Contracting Party:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.
Done at Berne, on September 19, 1979, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe, to any State and to the signatory European economic community, and to any State invited to sign this Convention or accession.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
Albania |
13 January |
1999 |
1 Er May |
1999 |
Germany |
13 December |
1984 |
1 Er April |
1985 |
Andorra |
13 October |
2000 |
1 Er February |
2001 |
Armenia |
April 14 |
2008 |
1 Er August |
2008 |
Austria |
2 May |
1983 |
1 Er September |
1983 |
Azerbaijan |
28 March |
2000 A |
1 Er July |
2000 |
Belarus * |
19 February |
2013 A |
1 Er June |
2013 |
Belgium * |
August 24 |
1990 |
1 Er December |
1990 |
Bosnia and Herzegovina |
17 November |
2008 |
1 Er March |
2009 |
Bulgaria * |
31 January |
1991 A |
1 Er May |
1991 |
Burkina Faso |
14 June |
1990 A |
1 Er October |
1990 |
Cyprus * |
May 16 |
1988 |
1 Er September |
1988 |
Croatia * |
3 July |
2000 |
1 Er November |
2000 |
Denmark * ** |
8 September |
1982 |
1 Er January |
1983 |
Spain * |
27 May |
1986 |
1 Er September |
1986 |
Estonia |
August 3 |
1992 A |
1 Er December |
1992 |
Finland * ** |
9 December |
1985 |
1 Er April |
1986 |
France * ** |
April 26 |
1990 |
1 Er August |
1990 |
Georgia * |
19 November |
2009 |
1 Er March |
2010 |
Greece ** |
13 June |
1983 |
1 Er October |
1983 |
Hungary * |
16 November |
1989 A |
1 Er March |
1990 |
Ireland |
April 23 |
1982 |
1 Er August |
1982 |
Iceland * ** |
17 June |
1993 |
1 Er October |
1993 |
Italy |
February 11 |
1982 |
1 Er June |
1982 |
Latvia * |
23 January |
1997 |
1 Er May |
1997 |
Liechtenstein |
30 October |
1980 |
1 Er June |
1982 |
Lithuania * |
September 5 |
1996 |
1 Er January |
1997 |
Luxembourg |
23 March |
1982 |
1 Er July |
1982 |
Macedonia * |
17 December |
1998 |
1 Er April |
1999 |
Malta * ** |
26 November |
1993 |
1 Er March |
1994 |
Morocco |
April 25 |
2001 A |
1 Er August |
2001 |
Moldova |
24 May |
1994 A |
1 Er September |
1994 |
Monaco |
7 February |
1994 A |
1 Er June |
1994 |
Montenegro |
1 Er October |
2009 |
1 Er February |
2010 |
Norway * ** |
27 May |
1986 |
1 Er September |
1986 |
Netherlands * |
28 October |
1980 |
1 Er June |
1982 |
Poland * |
13 September |
1995 |
1 Er January |
1996 |
Portugal |
3 February |
1982 |
1 Er June |
1982 |
Czech Republic * |
25 February |
1998 |
1 Er June |
1998 |
Romania |
18 May |
1993 A |
1 Er September |
1993 |
United Kingdom * ** |
28 May |
1982 |
1 Er September |
1982 |
Akrotiri and Dhekelia * |
24 October |
2001 |
24 October |
2001 |
Isle of Man |
August 24 |
1992 |
August 24 |
1992 |
Jersey |
25 October |
2002 |
25 October |
2002 |
Senegal |
13 April |
1987 A |
1 Er August |
1987 |
Serbia |
9 January |
2008 |
1 Er May |
2008 |
Slovakia * |
23 September |
1996 |
1 Er January |
1997 |
Slovenia * |
29 September |
1999 |
1 Er January |
2000 |
Sweden |
14 June |
1983 |
1 Er October |
1983 |
Switzerland |
12 March |
1981 |
1 Er June |
1982 |
Tunisia * |
12 January |
1996 A |
1 Er May |
1996 |
Turkey * ** |
2 May |
1984 |
1 Er September |
1984 |
Ukraine * |
5 January |
1999 |
1 Er May |
1999 |
|
7 May |
1982 |
1 Er September |
1982 |
|
||||
A For the Kingdom in Europe. |
(Med.) = in the Mediterranean
1 New mod content. Adopted on 5 Dec. 1997, effective March 6, 1998 ( RO 2008 3257 ).
(Med.) = in the Mediterranean
Procellariidae
On 3 December 1993, the Standing Committee of the Convention adopted the following Recommendation (n O 39 [1993]):
The Standing Committee of the Convention on the Conservation of European Wildlife and Natural Habitat, acting under Art. 14 of the Convention, recommends that Contracting Parties take into account the following technical observations in the implementation of the Convention. Asterisks were added when the species name was changed, but the old name is retained in parentheses. Footnotes were used to update some species in taxonomic terms.
1 Mauremys caspica Was divided into two species:
Mauremys caspica
Mauremys caspica leprosa
2 Coluber jugularis Was divided into two species:
Coluber jugularis
Coluber (Coluber jugularis caspius)
3 Coluber najadum Was divided into two species:
Coluber najadum
Coluber rubriceps (Coluber najadum rubriceps)
4 Vipera lebetina Was divided into two species:
Vipera lebetina
Vipera schweizeri (Vipera lebetina schweizeri)
5 Salamandra atra Atra Was divided into two species:
Salamandra atra
Salamandra atra (Salamandra atra lanzai)
6 Discus defloratus: Is no longer recognized as a species that is taxonomically valid since it has been described from only a few specimens; now recognized as belonging to a different species of Discus.
1 New content according to the modification adopted on 1 Er Dec. 2001, effective from 1 Er March 2002 ( RO 2008 3257 ).
1 New content according to the mod. Adopted on 5 Dec. 1997, effective March 6, 1998 ( RO 2008 3257 ).
2 Disp. For this schedule do not apply to salmon in marine waters.
Collets
Live animals used as blind or mutilated callers
Recorders
Electrical apparatus capable of killing or killing
Manor Light Sources
Mirrors and other blinding objects
Devices to illuminate targets
Target devices with an image converter or an electronic image amplifier for night shooting
Explosives 2
Filets 3
Trap traps 4
Poison and poisoned or tranquillising bait
Gazing and enfumming
Semi-automatic or automatic weapons whose magazine can contain more than two cartridges
Aircraft
Travel Motor Vehicles
Collets 5
Gluaux
Hooks
Living birds used as blind or mutilated callers
Recorders
Electrical apparatus capable of killing or killing
Manor Light Sources
Mirrors and other blinding objects
Devices to illuminate targets
Target devices with an image converter or an electronic image amplifier for night shooting
Explosives
Filets
Trap traps
Poison and poisoned or tranquillising bait
Semi-automatic or automatic weapons whose magazine can contain more than two cartridges
Aircraft
Travel Motor Vehicles
Explosives
Firearms
Poisons
Anesthesiants
AC power
Manor Light Sources
Explosives
Poisons
1 Updated according to mod. Adopted on 24 March 1995 and in force since 25 June 1995 (RO 1996 727).
2 Except for whaling.
3 If applied for mass or non-selective capture or killing.
4 If applied for mass or non-selective capture or killing.
5 Except Lagopus north latitude 58 ° N.