Posted by OZOCHIMA on December 01, 2016 in STUDENTS WORK | No comments
ABSTRACT
The Convention on the
Conservation of European Wildlife and Natural Habitats was signed in Bern,
Switzerland in 1979 and came into force on 1 June 1982. Over the past 20 years,
various mechanisms have been developed to monitor the implementation of the Convention
and to improve its effectiveness. The purpose of this article is to examine the
application of these mechanisms and assess the effectiveness of the Convention
as a tool for biodiversity conservation. The convention has three main aims,
which are stated in Article 1 and they are: to conserve wild flora and fauna
and their natural habitats; to promote cooperation between states; and to give
particular attention to endangered and vulnerable species including endangered
and vulnerable migratory species. The Convention is divided into three:
preamble, structure and appendices. The structure is divided into chapters.
Chapter I deals with general provision
of the Convention; chapter II deals with protection of habitats; chapter III
deals with protection of species; Chapter IV deals with special provisions for
migratory species; chapter V deals with supplementary provision; Chapter IV
deals standing committee; Chapter VIII
deals with settlement of dispute while Chapter IX deals with final provision.
The appendices provide a list of some of the species to be conserved and how
humans should handle their habitats to ensure their conservation. The
Convention is now part of an extensive network of international treaties and
regional agreements.
Convention on the
Conservation of European Wildlife and Natural Habitats (Bern, 1979)
1.
HISTORY OF THE BERN CONVENTION
The Convention on the Conservation of European Wildlife and
Natural Habitats, commonly referred to as the Bern Convention (“Convention”),
originated from a 1973 Recommendation of the Consultative Assembly of the
Council of Europe that the Committee of Ministers "define a coherent
policy for the protection of wildlife, with a view to establishing European
regulations if possible, by means of convention and involving severe
restrictions on hunting, shooting, capture of animals needing protection,
fishing and egg-collection, and the prohibition of bird netting." This idea was revisited in 1976 at the Second
European Ministerial Conference on the Environment, where a resolution was
adopted directing the Committee of Ministers of the Council of Europe to
establish an ad hoc Committee of Experts to draft a legal instrument on the
conservation of wildlife. After negotiations, the Convention was opened for
signature at the Third European Ministerial Conference on the Environment in
Bern, Switzerland on 19 September 1979. The Convention came into force on 1
June 1982. At the first meeting of the Standing Committee in 1982, only nine
States and the European Community were Contracting Parties (“Parties”) to the
Convention. There has been widespread acceptance in the succeeding years,
however, and currently there are fifty-one Parties including thirty-six Member
States of the Council of Europe, the European Community, Monaco, Burkina Faso,
Senegal, and Tunisia. The Parties now
represent the majority of states on the European continent. The convention led
to the creation in 1998 of the Emerald network of Areas of Special Conservation
Interest (ASCIs) throughout the territory of the parties to the convention,
which operates alongside the European Union's Natura 2000 programme.
1.1 Aims and objectives
The convention has three main
aims, which are stated in Article 1:
v to conserve wild flora and fauna and their natural
habitats.
v to promote cooperation between states.
v to give particular attention to endangered and
vulnerable species including endangered and vulnerable migratory species.
1.2 STRUCTURE
The convention is divided into preamble,
chapters and appendices.
v PREAMBLE
The member States of the Council of Europe and the
other signatories hereto, Considering that the aim of the Council of Europe is
to achieve a greater unity between its members;Considering the wish of the
Council of Europe to co-operate with other States in the field of nature
conservation; Recognising that wild flora and fauna constitute a natural
heritage of aesthetic, scientific, cultural, recreational, economic and
intrinsic value that needs to be preserved and handed on to future generations;
Recognising the essential role played by wild flora and fauna in maintaining
biological balances; Noting that numerous species of wild flora and fauna are
being seriously depleted and that some of them are threatened with extinction;
Aware that the conservation of natural habitats is a vital component of the
protection and conservation of wild flora and fauna; Recognising that the
conservation of wild flora and fauna should be taken into consideration by the
governments in their national goals and programmes, and that international
co-operation should be established to protect migratory species in particular;
Bearing in mind the widespread requests for common action made by governments
or by international bodies, in particular the requests expressed by the United
Nations Conference on the Human Environment 1972 and the Consultative Assembly
of the Council of Europe; Desiring particularly to follow, in the field of
wildlife conservation, the recommendations of Resolution No. 2 of the Second
European Ministerial Conference on the Environment,
Have agreed as follows:
Chapter I – General provisions
Article 1
1. The aims of this Convention are to conserve wild
flora and fauna and their natural habitats, especially those species and
habitats whose conservation requires the co-operation of several States, and to
promote such co-operation.
2. Particular
emphasis is given
to endangered and
vulnerable species, including
endangered and vulnerable migratory
species.
Article 2
The
Contracting Parties shall
take requisite measures
to maintain the
population of wild
flora and fauna at or
adapt it to,
a level which
corresponds in particular
to ecological, scientific
and cultural requirements, while
taking account of
economic and recreational
requirements and the needs of sub-species, varieties or forms
at risk locally.
Article 3
1. Each
Contracting Party shall
take steps to
promote national policies
for the conservation
of wild flora, wild
fauna and natural
habitats, with particular
attention to endangered
and vulnerable species, especially
endemic ones, and
endangered habitats, in
accordance with the provisions of this Convention.
2. Each
Contracting Party undertakes,
in its planning
and development policies
and in its measures against pollution, to have
regard to the conservation of wild flora and fauna.
3. Each
Contracting Party shall
promote education and
disseminate general information
on the need to conserve species
of wild flora and fauna and their habitats.
Chapter II – Protection of habitats
Article 4
1. Each
Contracting Party shall
take appropriate and
necessary legislative and
administrative measures to ensure
the conservation of
the habitats of
the wild flora
and fauna species, especially those
specified in Appendices
I and II,
and the conservation
of endangered natural habitats.
2. The Contracting
Parties in their
planning and development
policies shall have
regard to the conservation requirements
of the areas
protected under the
preceding paragraph, so
as to avoid or minimise as far as possible any
deterioration of such areas.
3. The Contracting Parties undertake to
give special attention
to the protection
of areas that
are of importance for
the migratory species
specified in Appendices
II and III
and which are appropriately situated
in relation to
migration routes, as
wintering, staging, feeding,
breeding or moulting areas.
4. The Contracting
Parties undertake to
co-ordinate as appropriate
their efforts for
the protection of the
natural habitats referred
to in this
article when these
are situated in
frontier areas.
Chapter III – Protection of
species
Article
5
Each Contracting Party shall take appropriate
and necessary legislative and administrative measures to ensure the special
protection of the wild flora species specified in Appendix I. Deliberate
picking, collecting, cutting or uprooting of such plants shall be prohibited.
Each Contracting Party shall, as appropriate, prohibit the possession or sale
of these species.
Article
6
Each Contracting Party shall take appropriate
and necessary legislative and administrative measures to ensure the special
protection of the wild fauna species specified in Appendix II. The following
will in particular be prohibited for these species:
a. all forms
of deliberate capture and keeping and deliberate killing; b.
the deliberate damage to or destruction of breeding or resting sites;
c. the deliberate disturbance of wild fauna, particularly
during the period of breeding, rearing and hibernation, insofar as disturbance
would be significant in relation to the objectives of this Convention; d.
the deliberate destruction or taking of eggs from the wild or keeping these
eggs even if empty;
e.
the possession of and internal trade in these animals, alive or dead, including
stuffed animals and any readily recognisable part or derivative thereof, where
this would contribute to the effectiveness of the provisions of this
article.
Article
7
1. Each Contracting Party shall take
appropriate and necessary legislative and administrative measures to ensure the
protection of the wild fauna species specified in Appendix III.
2. Any exploitation of wild fauna specified in Appendix
III shall be regulated in order to keep the populations out of danger, taking
into account the requirements of Article 2.
3. Measures
to be taken shall include:
a. closed seasons and/or other procedures regulating the
exploitation;
b. the temporary or local prohibition of exploitation, as
appropriate, in order to restore satisfactory population levels;
c. the
regulation as appropriate of sale, keeping for sale, transport for sale or
offering for sale of live and dead wild animals.
Article 8
In respect of the capture or
killing of wild fauna species specified in Appendix III and in cases where, in
accordance with Article 9, exceptions are applied to species specified in
Appendix II, Contracting Parties shall prohibit the use of all indiscriminate
means of capture and killing and the use of all means capable of causing local
disappearance of, or serious disturbance to, populations of a species, and in
particular, the means specified in Appendix IV.
Article
9
1. Each
Contracting Party may make exceptions from the provisions of Articles 4, 5, 6,
7 and from the prohibition of the use of the means mentioned in Article 8
provided that there is no other satisfactory solution and that the exception
will not be detrimental to the survival of the population concerned:
– for the protection of flora and fauna;
– to prevent serious damage to crops, livestock,
forests, fisheries, water and other forms of property;
– in the interests of public health and
safety, air safety or other overriding public interests;
– for the purposes of research and education,
of repopulation, of reintroduction and for the necessary breeding;
– to permit, under strictly supervised
conditions, on a selective basis and to a limited extent, the taking, keeping
or other judicious exploitation of certain wild animals and plants in small
numbers.
2. The
Contracting Parties shall report every two years to the Standing Committee on
the exceptions made under the preceding paragraph. These reports must
specify:
– the populations which are or have been
subject to the exceptions and, when practical, the number of specimens
involved; – the means authorised for
the killing or capture;
– the conditions of risk and
the circumstances of time and place under which such exceptions were
granted;
– the authority empowered to
declare that these conditions have been fulfilled, and to take decisions in
respect of the means that may be used, their limits and the persons instructed
to carry them out;
– the controls involved.
Chapter IV – Special
provisions for migratory species
Article
10
1.
The Contracting Parties undertake, in addition to the measures specified in
Articles 4, 6, 7 and 8, to co-ordinate their efforts for the protection of the
migratory species specified in Appendices II and III whose range extends into
their territories.
2. The
Contracting Parties shall take measures to seek to ensure that the closed
seasons and/or other procedures regulating the exploitation established under
paragraph 3.a of Article 7 are adequate and appropriately disposed to meet the
requirements of the migratory species specified in Appendix III.
Chapter V – Supplementary
provisions
Article
11
1. In carrying out the provisions of this Convention, the
Contracting Parties undertake:
a. to co-operate whenever appropriate and in
particular where this would enhance the effectiveness of measures taken under
other articles of this Convention;
b. to encourage and co-ordinate research
related to the purposes of this Convention.
2. Each
Contracting Party undertakes:
a. to encourage the reintroduction of native
species of wild flora and fauna when this would contribute to the conservation
of an endangered species, provided that a study is first made in the light of
the experiences of other Contracting Parties to establish that such reintroduction
would be effective and acceptable;
b. to strictly control the
introduction of non-native species.
3. Each
Contracting Party shall inform the Standing Committee of the species receiving
complete protection on its territory and not included in Appendices I and
II.
Article
12
The Contracting Parties may
adopt stricter measures for the conservation of wild flora and fauna and their
natural habitats than those provided under this Convention.
Chapter VI – Standing Committee
Article 13
1. For the purposes of this Convention, a Standing
Committee shall be set up.
2. Any Contracting
Party may be
represented on the
Standing Committee by one or
more delegates. Each delegation shall
have one vote.
Within the areas
of 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 European Economic Community
shall not exercise
its right to
vote in cases
where the member States concerned exercise theirs, and
conversely.
3. Any
member State of the
Council of Europe
which is not
a Contracting Party
to the Convention may be represented on the
committee as an observer. The Standing
Committee may, by
unanimous decision, 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
agency technically qualified
in the protection,
conservation or management
of wild fauna and flora and their habitats, and belonging to one of the
following categories:
a. international
agencies or bodies,
either governmental or
non-governmental, and national governmental agencies or bodies;
b. national non-governmental agencies
or bodies which
have been approved
for this purpose by
the State in
which they are
located, may inform
the Secretary General
of the Council
of Europe, at least
three months before
the meeting of the Committee,
of its wish
to be represented at
that 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 of
their objection. 4. The Standing
Committee shall be
convened by the
Secretary General of
the Council of
Europe. Its first meeting
shall be held
within one year
of the date
of the entry
into force of
the Convention. It
shall subsequently meet
at least every
two years and
whenever a majority
of the Contracting Parties so
request. 5. A 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
draw up its
own Rules of Procedure.
Article 14
1. The Standing
Committee shall be
responsible for following
the application of
this Convention. It may in particular:
– keep under
review the provisions
of this Convention,
including its appendices,
and examine any modifications necessary;
–make recommendations to
the Contracting Parties
concerning measures to
be taken for
the purposes of this Convention;
–recommend the
appropriate measures to
keep the public
informed about the
activities undertaken within the
framework of this
Convention;
– make recommendations to the Committee of
Ministers concerning non-member States of the Council of Europe to be invited
to accede to this Convention;
– make any proposal for improving the
effectiveness of this Convention, including proposals for the conclusion, with
the States which are not Contracting Parties to the Convention, of agreements
that would enhance the effective conservation of species or groups of
species.
2. In order to discharge its functions, the Standing
Committee may, on its own initiative, arrange for meetings of groups of
experts.
Article 15
After each meeting, the
Standing Committee shall forward to the Committee of Ministers of the Council
of Europe a report on its work and on the functioning of the Convention.
Chapter VII – Amendments
Article
16
1. Any
amendment to the articles of this Convention proposed by a Contracting Party or
the Committee of Ministers shall be communicated to the Secretary General of
the Council of Europe and forwarded 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 to any
State invited to accede to it in accordance with the provisions of Article 20.
2. Any
amendment proposed in accordance with the provisions of the preceding paragraph
shall be examined by the Standing Committee which: a for amendments to Articles 1 to 12,
shall submit the text adopted by a three-quarters majority of the votes cast to
the Contracting Parties for acceptance;
b for amendments to Articles 13 to 24, shall submit the text adopted by
a three-quarters majority of the votes cast to the Committee of Ministers for
approval. After its approval, this text shall be forwarded to the Contracting
Parties for acceptance.
3. Any amendment shall enter into force on the thirtieth
day after all the Contracting Parties have informed the Secretary General that
they have accepted it.
4. The
provisions of paragraphs 1, 2.a and 3 of this article shall apply to the
adoption of new appendices to this Convention.
Article
17
1. Any amendment to the appendices of this Convention
proposed by a Contracting Party or the Committee of Ministers shall be
communicated to the Secretary General of the Council of Europe and forwarded 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 to any State invited to accede to it in accordance
with the provisions of Article 20.
2. Any
amendment proposed in
accordance with the
provisions of the
preceding paragraph shall be
examined by the
Standing Committee, which
may adopt it
by a two-thirds
majority of the Contracting Parties. The text adopted
shall be forwarded to the Contracting Parties.
3.
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
for those Contracting Parties
which have not notified objections.
Chapter VIII – Settlement of disputes
Article 18
1. The Standing
Committee shall use
its best endeavours
to facilitate a
friendly settlement of any
difficulty to which the execution of this Convention may 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 concerned shall,
unless the said
parties agree otherwise, be
submitted, at the
request of one
of them, to arbitration. Each
party shall designate an
arbitrator and the
two arbitrators shall
designate a third
arbitrator. Subject to
the provisions of paragraph
of this article,
if one of
the parties has
not designated its
arbitrator within the three
months following the
request for arbitration,
he shall be
designated at the
request of the other
party by the
President of the
European Court of
Human Rights within
a further three months'
period. The same
procedure shall be
observed if the
arbitrators cannot agree
on the choice of
the third arbitrator
within the three
months following the
designation of the two
first arbitrators.
3. In the
event of a
dispute between two
Contracting Parties one of which
is a member
State of the European
Economic Community, the
latter itself being
a Contracting Party,
the other Contracting Party shall
address the request
for arbitration both
to the member
State and to the
Community, which jointly
shall notify it,
within two months
of receipt of
the request, whether the
member State or
the Community, or
the member and
the Community jointly,
shall be party to
the dispute. In
the absence of
such notification within
the said time
limit, the member
State and the Community
shall be considered
as being one
and the same
party to the dispute for
the purposes of the
application of the
provisions governing the
constitution and procedure
of the arbitration tribunal.
The same shall
apply when the
member State and
the Community jointly present themselves as party to the
dispute.
4. The arbitration
tribunal shall draw
up its own
Rules of Procedure.
Its decisions shall
be taken by majority vote. Its
award shall be final and binding.
5. Each party
to the dispute
shall bear the
expenses of the
arbitrator designated by
it and the parties
shall share equally
the expenses of
the third arbitrator,
as well as
other costs entailed
by the arbitration.
Chapter IX – Final provisions
Article 19
1. This Convention
shall be open
for signature by
the member States
of the Council
of Europe and non-member States
which have participated
in its elaboration
and by the
European Economic Community.
Up until
the date when
the Convention enters
into force, it
shall also be
open for signature
by any other State so invited by the Committee of Ministers. The Convention
is 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 expiry 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. In respect
of any signatory
State or the
European Economic Community
which subsequently express their
consent to be
bound by it,
the Convention shall
enter into force
on the first
day of the month
following the expiry
of a period
of three months
after the date
of the deposit
of the instrument of
ratification, acceptance or approval.
Article 20
1.
After the entry
into force of
this Convention, the
Committee of Ministers
of the Council
of Europe, after consulting
the Contracting Parties,
may invite to
accede to the
Convention any non-member State
of the Council
which, invited to
sign in accordance
with the provisions
of Article 19, has not yet done so, and any other non-member State.
2. In respect
of any acceding
State, the Convention
shall enter into
force on the
first day of the
month following the
expiry of a
period of three
months after the
date of the
deposit of the instrument of accession with the
Secretary General of the Council of Europe.
Article 21
1. Any State
may, at the
time of signature
or when depositing
its instrument of
ratification, acceptance,
approval or accession,
specify the territory
or territories to
which this Convention shall apply.
2. Any Contracting
Party may, when
depositing its instrument
of ratification, acceptance, approval or
accession or at
any later date,
by declaration addressed
to the Secretary
General of the Council
of Europe, extend
the application of
this Convention to
any other territory
specified in the declaration
and for whose
international relations it
is responsible or
on whose behalf
it is authorised to give
undertakings.
3. Any declaration
made under the
preceding paragraph may,
in respect of
any territory mentioned in
such declaration, be
withdrawn by notification
addressed to the
Secretary General. Such withdrawal
shall become effective
on the first
day of the
month following the expiry
of a period
of six months
after the date
of receipt of
the notification by
the Secretary General. Article 22
1. Any State
may, at the
time of signature
or when depositing
its instrument of
ratification, acceptance, approval or
accession, make one or more
reservations regarding certain
species specified in Appendices
I to III
and/or, for certain
species mentioned in
the reservation or reservations, regarding
certain means or
methods of killing,
capture and other
exploitation listed in Appendix
IV. No reservations
of a general
nature may be
made.
2. Any
Contracting Party which extends the application of this Convention to a
territory mentioned in the declaration referred to in paragraph 2 of Article 21
may, in respect of the territory concerned, make one or more reservations in
accordance with the provisions of the preceding paragraph.
3. No other reservation may be made.
4. Any Contracting Party which has made a reservation
under paragraphs 1 and 2 of this article may wholly or partly withdraw it by
means of a notification addressed to the Secretary General of the Council of
Europe. Such withdrawal shall take effect as from the date of receipt of the
notification by the Secretary General.
Article
23
1.
Any Contracting Party may, at any time, denounce this Convention by means of a
notification addressed to the Secretary General of the Council of Europe.
2. Such
denunciation shall become effective on the first day of the month following the
expiry of a period of six months after the date of receipt of the notification
by the Secretary General.
Article
24
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 if a signatory of this
Convention and any Contracting Party of:
a. any
signature;
b. the
deposit of any instrument of ratification, acceptance, approval or
accession;
c. any date
of entry into force of this Convention in accordance with Articles 19 and
20;
d. any
information forwarded under the provisions of paragraph 3 of Article 13;
e. any
report established in pursuance of the provisions of Article 15;
f. any
amendment or any new appendix adopted in accordance with Articles 16 and 17 and
the date on which the amendment or new appendix comes into force;
g. any declaration made under the provisions of
paragraphs 2 and 3 of Article 21;
h. any reservation made under
the provisions of paragraphs 1 and 2 of Article 22;
i. the
withdrawal of any reservation carried out under the provisions of paragraph 4
of Article 22;
j. any notification
made under the
provisions of Article
23 and the
date on which
the denunciation takes effect. In
witness whereof the
undersigned, being duly
authorised thereto, have
signed this Convention.
Appendices
Appendix I - Strictly
protected flora species.
Pteridophyta, Gymnospermae, Angiospermae,
Bryophyta, Bryopsida: Anthocerotae, Bryopsida: Hepaticae, Bryopsida: Musci,
Algae etc.
Appendix II - Strictly
protected fauna species
Mammals: Birds;Reptiles; Amphibians; Fish.
INVERTEBRATES: Arthropods;Molluscs;
Annelids; Echinoderms; Cnidarians; Sponges.
Appendix III - Protected
fauna species.
VERTEBRATES: Mammals; Birds; Reptiles; Amphibians; Fish.
INVERTEBRATES: Molluscs;
Annelids; Echinoderms; Cnidarians;
Sponges.
Appendix IV - Prohibited
means and methods of killing, capture and other forms of exploitation.
MAMMALS: Snares;
Live animals used as decoys which are blind or mutilated;Tape recorders;
Electrical devices capable of killing and stunning; Artificial light sources
Sources lumineuses artificielles; Artificial light sources Sources lumineuses
artificielles; Mirrors and other dazzling devices Miroirs et autres objets
aveuglants; Devices for illuminating targets; Sighting devices for night shooting
comprising an image magnifier or image converter; Explosives; Nets; Traps;
Poison and poisoned or anaesthetic bait; Gassing or smoking out Gazage et
enfumage; Semi-automatic or automatic weapons with a magazine capable of
holding more than two rounds of ammunition; Motor vehicles in motion; Mirrors
and other dazzling devices.
FRESHWATER FISH:
Explosives; Firearms;
Poisons; Anaesthetics; Gassing or smoking out Gazage et enfumage; Electricity
with alternating current; Artificial light sources.
CRAYFISH (Decapoda): Explosives and Poisons.
CONCLUSION
Over the past two decades,
the Bern Convention has accommodated an increasing number of Parties and
developed the necessary framework and machinery to pursue its mission. The
Convention is now part of an extensive network of international treaties and regional
agreements.
References
Council of Europe (1979). Convention on the
Conservation of European Wildlife and Natural Habitats.
Sandra, J. The Convention on the Conservation of
European Wildlife and Natural Habitats (Bern, 1979): Procedures of Application
in Practice. J. Int’lwildlifel. &
Pol’y(1999), 2(2).
Wikipedia (2017) Convention on the Conservation of
European Wildlife and Natural Habitats. Retrieved from www.wikipedia.en/Convention-on-the-Conservation-of-European-Wildlife-and-Natural-Habitats.html
Accessed on 21st January, 2017.
0 comments:
Post a Comment