Communication from the Ministry of Foreign Affairs No. 127 / 1994 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 127 / 1994 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 127 / 1994 Coll. is still valid and effective.

127

COMMUNICATION

Ministry of Foreign Affairs

The Ministry of Foreign Affairs states that on 23 June 1979 the Convention on the Protection of Migratory Species of Wild Fauna was adopted in Bonn.

The Charter on the access of the Czech Republic to this Convention was deposited with the Government of the Federal Republic of Germany, depositary of the Convention, on 8 February 1994.

The Convention entered into force on 1 November 1983 pursuant to Article XVIII (1) and entered into force on 1 May 1994 for the Czech Republic on the same Article (2).

The Czech translation of the Convention is being announced simultaneously.

CONVENTION

on the protection of migratory species of wild fauna

Contracting Parties

Recognising that wild animals are, by their countless forms, an irreplaceable part of the Earth's natural system, which must be preserved for the good of mankind,

Recognising that every human generation is in the hands of the earthly resources of future generations and, therefore, has an obligation to ensure that this heritage is preserved and, if used, that this is done with reason,

awareness of the ever-increasing values of wildlife in environmental, ecological, genetic, scientific, aesthetic, recreational, cultural, educational, social and economic aspects,

thinking, in particular, of those species of wildlife moving across borders or beyond the legal reach of states,

Recognising that States are and must be protectors for migratory species of wild animals living within the territory covered by their jurisdiction or moving across their borders,

convinced that the protection and efficient management of migratory species of wild fauna require joint action by all States in the territories covered by their jurisdiction and in which such species spend any part of their life cycle,

with reference to Recommendation 32 of the Action Plan adopted by the United Nations Conference on the Human Environment (Stockholm, 1972), which was taken into account with satisfaction by the 27th session of the United Nations General Assembly,

They shall be approved as follows:

Interpretation of terms

1. For the purposes of this Convention:

(a) The "moving species" shall mean the whole population or any geographically separated part of the population of any species or lower taxon of wild animals for which a significant proportion of their members are cyclically and predictably exceeding one or more State jurisdiction limits.

(b) The "conservation status of migratory species" shall indicate a summary of the effects on migratory species and may be reflected in their long-term spread and frequency.

(c) "Preservation status" shall be considered "favourable" if:

1. population dynamics data indicate that migratory species are maintained on a long-term basis as a viable component of their ecosystem;

2. the site of migratory species is not shrinking or likely to shrink in the long term;

3. At the same time, there will be and in the foreseeable future there will be sufficient habitats for the long-term maintenance of the migratory population; and

4. the extension and frequency of migratory species are close to the historical occurrence and level to the extent of the occurrence of potential suitable ecosystems and to an extent consistent with reasonable management of living nature.

(d) "conservation status" shall be considered "unfavourable" if any of the conditions set out in (c) of this paragraph are not met.

(e) "Endangered" in relation to a particular migratory species means that this migratory species is at risk of extinction throughout or in a significant part of the area.

(f) "Area" means all land or water areas inhabited by a migratory species, in which it temporarily resides, which exceeds or passes through at any time on its normal migration route.

(g) "Habitats" shall refer to any area in the migratory species where appropriate living conditions for that species are present.

(h) "Area State" in respect of a particular migratory species means any State (and, as the case may be, any other Party, as referred to in point (k) of this paragraph), which exercises jurisdiction over any part of the migratory species area or the State whose flag the ship is engaged in fishing for that migratory species outside the limits of national jurisdiction.

(i) "Hunting" means collecting, hunting, fishing, catching, disturbing, deliberately killing or attempting such activities.

(j) "Agreement" shall mean an international agreement relating to the conservation of one or more species of migratory animals as provided for in Articles IV and V of this Convention.

(k) "Party" shall mean a State or other regional economic integration constituted by sovereign States competent for the negotiation, conclusion and implementation of international agreements on matters covered by this Convention and for which this Convention has entered into force.

2. In matters within their competence, the regional economic integration organisations Parties shall exercise their rights on their behalf and comply with the obligations assigned by this Convention to their Member States. In such cases, Member States of such organisations shall not be authorised to exercise such rights individually.

3. Where this Convention provides that a decision shall be taken by either a two-thirds majority or by unanimous decision of the "Parties present and voting ', that shall mean" Parties present which give up either a positive or a negative vote'. Those abstentions will not be counted among the 'parties present and voting' in determining the majority.

Basic principles

1. The Parties recognise the importance of the protection of migratory species and the importance of the agreement of the areal States to take action to this end whenever possible and appropriate, paying particular attention to those species whose conservation status is unfavourable and shall take appropriate and necessary steps to protect those species and their habitats, either on their own or in cooperation with each other.

2. The Parties recognise the need to take action to prevent any migratory species from becoming endangered.

The Parties shall in particular:

(a) promote, cooperate and promote research in relation to migratory species;

(b) seek to ensure immediate protection for migratory species included in Annex I; and

(c) endeavour to conclude "agreements" on conservation and management with regard to migratory species included in Annex II.

Endangered migratory species

Příloha I

Annex I

1. Annex I shall keep a list of migratory species at risk.

2. A moving species may be included in the list in Annex I provided that reliable evidence, including the best available scientific evidence, indicates that it is an endangered species.

3. The moving species may be deleted from Appendix I when the Conference of the Parties decides that:

(a) reliable evidence, including the best available scientific evidence, indicates that this species is no longer at risk and that:

(b) the species in question is unlikely to become endangered again because it has been withdrawn by being deleted from the list in Annex I.

4. The Parties which are areal States of a migratory species listed in Annex I shall endeavour to:

(a) maintain and, where practicable and appropriate, restore those habitats of the species which are important in order to eliminate the risk of extinction of the species;

(b) prevent, eliminate, compensate or minimise, as appropriate, the adverse effects of activities or obstacles which seriously threaten or prevent the movement of species; and

(c) to the extent possible and appropriate, prevent, reduce or regulate factors which threaten or are likely to further threaten the species, including strict control of the introduction of non-native species or control and disposal of pre-introduced non-indigenous species.

5. States which are area States of migratory species listed in Annex I shall prohibit the fishing of animals belonging to that species. Exemptions from this prohibition shall be possible only if:

(a) it is for scientific purposes;

(b) hunting is intended to promote the reproduction or survival of the affected species;

(c) hunting is intended to satisfy the needs of those who traditionally use such species to preserve their livelihood; or

(d) exceptional circumstances require this;

provided that such exemptions are precisely defined and limited in time and place as to their content. Such hunting is not supposed to bring disadvantages to the species.

6. The Conference of the Parties may recommend to the parties which are area States of a certain migratory species listed in Annex I to take other measures which they consider appropriate for the benefit of that species.

7. The Parties shall inform the Secretariat as quickly as possible of any exemptions made in accordance with paragraph 5 of this Article.

Moving species to be subject to "agreements"

Příloha II

Annex II

1. Annex II shall maintain a list of migratory species with an unfavourable conservation status and for which international agreements are required to maintain and manage them, as well as those having a conservation status that would benefit significantly from international cooperation, which would be achieved through an international agreement.

2. Where circumstances so warrant, the migratory species may be kept both in the list of Annexes I and II.

3. Parties which are the area States of migratory species listed in Annex II shall endeavour to conclude "agreements" which would benefit those species and should give priority to those species which have an adverse conservation status.

4. The Parties are invited to enter into negotiations with a view to concluding agreements concerning any stock or any geographically separate part of the population of any species or lower taxon of wild fauna whose members periodically cross the jurisdiction of one or more States.

5. A copy of each "Agreement 'to be concluded in accordance with this Article shall be forwarded to the Secretariat.

Directive for the conclusion of "agreements"

1. The object of each "agreement" shall be to restore the favourable conservation status or to maintain the favourable conservation status of the migratory species concerned. Each "agreement 'is to discuss those aspects of the protection and management of the migratory species that serve to achieve this objective.

(2) Each "agreement" is to cover the whole area of migratory species concerned and should allow all the territorial States of that type to accede to it, whether or not they are parties within the meaning of this Convention.

3. Whenever possible, the "agreement" should deal with more than one migratory species.

4. Each "agreement 'should:

(a) specify the migratory species or migratory species to which it relates;

(b) describe the area and routes of migratory species;

(c) stipulate that each Party shall designate its State-owned authority responsible for implementing the "Agreement";

(d) to establish, if necessary, an appropriate apparatus to assist in the implementation of the objectives of the "Agreement," to monitor its effectiveness and prepare reports for the Conference of the Parties;

(e) establish procedures for resolving disagreements between the Parties to the "Agreement"; and

(f) at least prohibit, as far as the migratory species of Cetacea (cetacea) is concerned, any fishing which is not permitted in relation to that migratory species by any other multilateral agreement, and provide that "agreement" may be made by States which are not area states of that migratory species.

5. Where appropriate and feasible, each "agreement 'is to be established without, however, limiting:

(a) a periodic review of the conservation status of the migratory species concerned and the identification of those factors which may be harmful to that status;

(b) coordinated protection and management plans;

(c) ecology research and population dynamics of the migratory species concerned, with particular regard to its thrust;

(d) the exchange of information on the migratory species concerned, with particular regard to the exchange of research results and related statistics;

(e) protection and, where desirable and feasible, restoration of habitats of importance for maintaining favourable conservation status, and protection of such habitats from infringements, including strict control of introduction or control of the non-indigenous species already introduced, to the harmful migratory species;

(f) maintaining a network of suitable habitats adequately distributed in relation to the direction of the draw;

(g) where it appears desirable to provide new habitats suitable for migratory species or reintroduction of migratory species into suitable habitats;

(h) as far as possible to exclude or compensate for activities and obstacles which impede or impede migration;

(i) the prevention, reduction or control of discharges of substances, harmful to a migratory species, into sites of that migratory species;

(j) measures based on sound environmental principles for the control and management of fishing for the migratory species;

(k) procedures for coordinating actions to combat illegal fishing;

(l) exchange of information on serious threats to the migratory species;

(m) emergency measures which would significantly and rapidly support conservation actions where the conservation status of migratory species is seriously affected; and

(n) familiarisation of the general public with the content and objectives of the "Agreement."

Area States

1. The list of area States of migratory species listed in Annex I and Annex II shall be kept up to date by the Secretariat on the basis of information received from the Parties.

2. The Parties shall keep the Secretariat informed of which species of migratory animals listed in Annex I and Annex II shall be considered as areal States, including the provision of information on ships flying their flag which are engaged in fishing for the migratory species outside their national jurisdiction and, where possible, other plans for such fishing.

3. Parties which are areal States due to migratory species listed in the Annex They shall inform the Conference of the Parties, at least six months before each ordinary meeting of the Conference, through the Secretariat of Annex II, of the measures they take to implement the provisions of this Convention in respect of those species.

Conference of the Parties

The Conference of the Parties shall be the decision-making body of this Convention.

2. The Secretariat shall convene meetings of the Conference of the Parties no later than two years after the entry into force of this Convention.

3. The Secretariat shall then convene regular meetings of the Conference of the Parties at intervals of no more than three years, unless the Conference decides otherwise, and extraordinary meetings, whenever requested by at least one third of the Parties.

4. The Conference of the Parties shall establish and regularly revise the financial rules of this Convention. The Conference of the Parties shall adopt the budget for the next financial period at each of its regular meetings. Each Party shall contribute to this budget on the scale agreed by the Conference. The financial rules, including provisions on the budget and on the contribution scale and their adjustments, shall be approved by unanimous vote of the parties present and voting.

5. At each of its meetings, the Conference of the Parties shall review the implementation of this Convention and may in particular:

(a) revise and evaluate the conservation status of migratory species;

(b) review the progress made in protecting migratory species, in particular those listed in Annexes I and II;

(c) to take such measures and to provide advice as it appears necessary and to enable the Scientific Council and the Secretariat to fulfil their obligations;

(d) adopt and discuss any report submitted by the Scientific Council, the Secretariat, any Party or any Permanent Choir established in accordance with any "Agreement";

(e) recommend to the parties how they are to improve the conservation status of migratory species and review progress made on the basis of "agreements";

(f) in those cases where no "agreement" has been concluded, recommend that the meeting of those parties which are the areal States of a particular migratory species or group of migratory species be convened to discuss measures to improve the conservation status of those species;

(g) propose recommendations to the Parties to improve the effectiveness of this Convention; and

(h) decide on any additional measure to be taken to achieve the objectives of this Convention.

6. Each meeting of the Conference of the Parties shall decide on the time and place of the next meeting.

7. Each meeting of the Conference of the Parties shall determine and adopt rules of procedure for which meetings. Decisions at the Conference of the Parties will require a two-thirds majority of the parties present and voting, except where otherwise provided for in this Convention.

8. The meetings of the Conference of the Parties may be represented by their observers of the United Nations, their specialised agencies, the International Atomic Energy Commission, as well as any State not party to this Convention, and, in the light of each "Agreement ', by the College established by the Parties to this Agreement.

9. Any agency or body technically qualified in the field of the protection, conservation and management of migratory species in the following categories, which informs the Secretariat of its wish to be represented by observers at the Conference of the Parties, shall be admitted unless at least one third of the parties present object:

(a) international agencies or departments, either governmental or non-governmental, and national governmental agencies and colleges; and

(b) national non-governmental agencies or bodies which have received approval for this purpose from the State in which they are located.

As soon as such observers are granted access, they have the right to participate, but they cannot vote.

Scientific Council

1. The Conference of the Parties shall establish the Scientific Council at its first meeting on scientific advice.

2. Each Party may designate a qualified expert as a member of this Scientific Council. In addition, the Scientific Council shall include as members qualified experts, selected and established by the Conference of the Parties. The number of such experts, the criteria for their selection and the conditions for their provisions shall be as determined by the Conference of the Parties.

3. The Scientific Council shall meet at the request of the Secretariat as required by the Conference of the Parties.

4. The Scientific Council shall draw up its own rules of procedure subject to approval by the Conference of the Parties.

5. The Conference of the Parties shall determine the functions of the Scientific Council which may include:

(a) to provide scientific advice to the Conference of the Parties, the Secretariat, and, with the agreement of the Conference of the Parties, each Corps, established under this Convention or "the Agreement," or to the Parties;

(b) recommend research and coordination of research on migratory species, carry out evaluation of the results of such research in order to establish the conservation status of migratory species and report to the Conference of the Parties on such status and on measures to improve it;

(c) make recommendations to the Conference of the Parties to include a migratory species in Annex I or Annex II, together with an indication of the site of that migratory species;

(d) make recommendations to the Conference of the Parties on specific conservation and management measures to be included in "agreements" on migratory species; and

(e) recommend to the Conference of the Parties how to address problems relating to the scientific aspects of the implementation of this Convention, in particular as regards habitats of migratory species.

Secretariat

1. The Secretariat shall be established for the purposes of this Convention.

2. Once this Convention enters into force, the Secretariat shall be provided by the Director of the United Nations Environment Programme. To the extent and in the manner it deems appropriate, it may be assisted by appropriate intergovernmental or non-governmental, international or national agencies and colleges which have technical qualifications for the protection, conservation and management of wildlife.

3. If the United Nations Environment Programme continues to be unable to ensure the functions of the Secretariat, the Conference of the Parties shall take alternative measures for the Secretariat.

4. The Secretariat will have the following functions:

(a) organise meetings and provide him with services:

(i) for the Conference of the Parties,

(ii) for the Scientific Council;

(b) maintain and expand contacts between the Parties, the Permanent Choirs established under "agreements" and other international organisations dealing with migratory species;

(c) receive from any appropriate source reports and other information supporting the objectives and implementation of this Convention and ensuring the dissemination of such information;

(d) draw the attention of the Conference of the Parties to any matters relating to the objectives of this Convention;

(e) prepare for the Conference of the Parties reports on the work of the Secretariat and on the implementation of this Convention;

(f) maintain the current status and publish the list of area states of all migratory species contained in Annexes I and II;

(g) to support, under the direction of the Conference of the Parties, the conclusion of "agreements";

(h) maintain the current status and provide the Parties with a list of "Agreements" and, if requested by the Conference of the Parties, provide any information on such "Agreements";

(i) maintain and publish a list of recommendations made by the Conference of the Parties in accordance with points (e), (f), (g) of paragraph 5 of Article VII or decisions taken in accordance with point (h) of that Article;

(j) to provide the general public with information on this Convention and its objectives; and

(k) to perform any other functions entrusted to it under this Convention by the Conference of the Parties.

Amendment to the Convention

1. This Convention may be amended at any ordinary or extraordinary meeting of the Conference of the Parties.

2. Proposals for amendment can be made by either side.

3. The text of the proposed amendment and its justification shall be communicated to the Secretariat at least 150 days before the meeting at which the amendment should be discussed and communicated without delay to all parties by the Secretariat. Any comments by the parties on the text shall be communicated to the Secretariat within 60 days of the beginning of the meeting. The Secretariat shall immediately, after the expiry of the last day of the period for submitting comments, communicate to all parties the text of the comments submitted by that date.

4. The amendment will be adopted by a two-thirds majority of the parties present and voting.

5. The amendments adopted shall enter into force on the first day of the third month following the date on which two-thirds of the parties deposited the acceptance document with the depositary for all the parties which accepted it. For each party that deposits the acceptance document with the depositary after the date on which the acceptance document was deposited by two thirds of the parties, the amendment shall enter into force on the first day of the third month following the deposit of its acceptance document.

Amendment of Annexes

1. Annexes I and II may be amended at any ordinary or extraordinary meeting of the Conference of the Parties.

2. The amendment proposal may be submitted by either party.

3. The text of each proposed amendment and its justification, based on the best available scientific evidence, shall be communicated to the Secretariat at least 150 days before the meeting and shall be communicated without delay to all parties by the Secretariat. Any comments by the parties on the text shall be communicated to the Secretariat no later than 60 days before the beginning of the meeting. Immediately after the last day of the deadline for comments, the Secretariat shall communicate to the parties any comments received by that date.

4. The amendment will be adopted by a two-thirds majority of the parties present and voting.

5. The amendment of the Annexes shall enter into force for all parties 90 days after the meeting of the Conference of the Parties at which it was adopted, with the exception of those parties which raise reservations pursuant to paragraph 6 of this Article.

6. During the 90-day period referred to in paragraph 5 of this Article, each Party may make reservations for amendment by written notification to the depositary. The reservation for amendment may be withdrawn by written notification to the depositary and the amendment shall enter into force for that party 90 days after the reservation has been withdrawn.

Relations with international conventions and other legislation

1. Nothing in this Convention shall affect the codification and development of the Law on the Seas by the United Nations Convention on the Law on the Sea, convened in accordance with Resolution 1750 C (XXV) of the United Nations General Assembly or the current or future claims and legal opinion of any State concerning the Law on the Sea and the nature and extent of the jurisdiction of coastal States and flag States.

2. The provisions of this Convention shall in no way affect the rights or obligations of any Party arising under any existing Treaty, Convention or Agreement.

3. The provisions of this Convention shall in no way affect the rights of the Parties to adopt more stringent own measures concerning migratory species listed in Annexes I and II, or to take their own measures to protect species not listed in Annexes I and II.

Dispute settlement

1. Any dispute arising between two or more parties regarding the interpretation or application of the provisions of this Convention shall be subject to negotiation between the parties involved in such dispute.

2. If the dispute cannot be settled in accordance with paragraph 1 of this Article, the parties may, by mutual agreement, submit the dispute to arbitration, in particular at the Standing Court of the Hague, and the parties which submit the dispute shall be bound by an arbitration ruling.

Reservations

1. General reservations cannot be made regarding the provisions of this Convention. Specific reservations may be made in accordance with the provisions of this Article and Article XI.

2. Any State or regional economic integration organisation may, when depositing its document on ratification, acceptance, consent or access, raise a specific reservation to include any migratory species either in Appendix I or in Appendix II or in both Annexes, and shall then not be considered a party in relation to the subject matter of that reservation until 90 days after the depositary has notified the parties that such reservation has been withdrawn.

Signature

This Convention shall be set out in Bonn for signature for all States and for any regional economic integration organisation by 22 June 1980.

Ratification, acceptance, consent

This Convention shall be subject to ratification, acceptance or consent. Documents of ratification, acceptance or consent shall be deposited with the Government of the Federal Republic of Germany, which shall be their depository.

Citation	Communication from the Ministry of Foreign Affairs No. 127 / 1994 Coll., on access of the Czech Republic to the Convention on the Protection of Migratory Species of Wild Fauna, adopted in Bonn on 23 June 1979
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	17.06.1994
Effective from	01.05.1994
Effective until	-
Status	Valid

Communication from the Ministry of Foreign Affairs on the access of the Czech Republic to the Convention on the Protection of Migratory Species of Wild Fauna, adopted in Bonn on 23 June 1979

Contents

Příloha I

Příloha II

Contents

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