Communication from the Ministry of Foreign Affairs No. 208 / 1994 Coll.
Communication from the Ministry of Foreign Affairs on the access of the Czech Republic to the Agreement on the Protection of bats in Europe, adopted in London on 4 December 1991
Valid
International Treaty
Effective from 26.03.1994
Text versions:
11.11.1994
208
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 4 December 1991 the Agreement on the protection of bats in Europe was adopted in London.
The Charter on the access of the Czech Republic to this Agreement was deposited with the Government of the United Kingdom of Great Britain and Northern Ireland, depositary of the Agreement, on 24 February 1994.
The Agreement entered into force on 16 January 1994 on the basis of Article XII thereof and entered into force on 26 March 1994 for the Czech Republic on the basis of the same Article.
The Czech translation of the Agreement is announced simultaneously.
AGREEMENT
on the protection of bats in Europe
Contracting Parties
Referring to the Convention on the Protection of Migratory Species of Wild Fauna, the signing of which began on 23 June 1979 in Bonn;
confirming that the conservation status of bats in European and non-European areal states is unfavourable and, in particular, that there is a serious threat to them by destroying their natural environment, interfering with their gatherings and certain pesticides;
Recognising that the threat faced by bats in Europe and non-European areal states is common to both migratory and non-migratory species and that the assembly sites are often shared by migratory and non-migratory species;
Recalling that at the first meeting of the Conference of the Participating Parties to the Convention on the Conservation of Migratory Species of Wild Fauna, held in Bonn in October 1985, consent was given to the inclusion of the European Species of the Order CHIROPTERA (bats belonging to the Rhinolophidae and Vespertilionidae) in Annex II to the Convention and to be instructed by the Convention Secretariat to take appropriate steps to draw up an Agreement on those species;
in the belief that the conclusion of an agreement on designated species would be an important contribution to the protection of bats in Europe;
agree on the following:
Scope and interpretation of terms
In view of the needs of this Agreement:
(a) "Convention" means the Convention on the Protection of Migratory Species of Wild Fauna (Bonn 1979);
(b) the term "bats" refers to the European population of the order CHIROPTERA (Rhinolophidae and Vespertilionidae) occurring in Europe and non-European areal states;
(c) the term "Area State" shall be a designation for any State (whether or not a Party to the Convention) which exercises jurisdiction over any part of the area of occurrence of species covered by this Agreement;
(d) the term "regional economic integration organisation" shall apply to an organisation consisting of sovereign States to which this Agreement applies, competent to address or accede to issues covered and authorised by the Agreement, in accordance with internal legislative procedures;
(e) the term "Parties" shall apply to the Parties to this Agreement, unless otherwise specified;
(f) the term 'in Europe' is a European continent.
General provisions
1. This Agreement shall be concluded in accordance with the provisions of paragraph 3 of Article IV of the Convention.
2. The provisions of this Agreement shall not deprive the Contracting Parties of their obligations under any other existing Agreement, Convention or Treaty.
3. Each Party to this Agreement shall designate one or more competent authorities to which responsibility for the implementation of this Agreement shall be delegated. At the same time, the other Parties to this Agreement shall communicate the name and address of that authority or authorities.
4. The Contracting Parties shall, following consultations with the Parties to the Convention, provide for adequate administrative and financial support for activities relating to the Agreement.
Basic obligations
1. Each Contracting Party shall prohibit the deliberate capture, possession or killing of bats, except that consent is given by its competent authority.
2. Within the territory of its jurisdiction, each party shall determine such sites as are relevant for the conservation status of bats, including places of refuge and protection. Taking into account the necessary economic and social factors, it shall ensure that such sites are protected from destruction or interference. In addition, each party will seek to plant and protect important areas where bats find food.
3. When deciding on habitats to be protected in general, each party will take into account sites of importance for bats.
4. Each Party shall take appropriate steps to protect bats and inform the public of the importance of such protection.
5. Each Party shall designate the appropriate authority or persons responsible for providing advice on the protection and management of bats in its territory, in particular as regards bats occurring in buildings. The Parties shall exchange information on their experience in this field.
6. Each Party shall take such additional steps as it considers necessary to protect the populations of bats which it concludes are at risk and shall report on its progress in accordance with Article VI.
7. Each party will provide appropriate support for research programmes aimed at preserving bats and managing their protection. The Parties shall inform each other of the above research programmes and shall endeavour to coordinate those research and conservation programmes.
8. Where appropriate, each party will consider the effects of pesticide application on bats and will seek to replace chemicals used to treat wood with highly toxic effects on bats with safer alternatives.
Measures taken at national level
1. Each Party shall develop and implement such legislative and administrative measures as are necessary for the effective implementation of the provisions of this Agreement.
2. The measures provided for in this Agreement in no way restrict the rights of the Contracting Parties to take more stringent measures to protect bats.
Meeting of the Parties
1. The Parties to this Agreement shall hold regular meetings. The United Kingdom Government shall convene the first meeting of the Parties no later than three years after the entry into force of the Agreement. The Parties shall adopt the procedural rules governing meetings and shall establish financial principles, including budgetary measures and the determination of the amount of the membership contributions for the forthcoming financial year. Those principles are to be adopted by a two-thirds majority of the voting representatives of the Contracting Parties present. Decisions on financial matters shall be taken by a three-quarter majority of the voting representatives present.
2. In the course of the meeting, the Parties shall be entitled to establish, if they consider it appropriate, scientific and other working groups.
3. Any area State or regional economic integration organisation not party to this Agreement, the Secretariat of the Convention, the Council of Europe through the Secretariat of the Convention on the Protection of European Fauna and Flora and Natural Habitats and similar intergovernmental organisations may attend meetings as observers. Any organisation or persons technically qualified for the protection of bats and for the management of such conservation activities may participate as observers if at least a third of the Contracting Parties raise no objections. Only the Contracting Parties may vote at the meetings of the Parties.
4. Except as provided in paragraph 5 below, each Party to this Agreement shall have one vote.
5. Regional economic integration organisations that are parties to this Agreement shall have the right to vote on issues falling within their competence, using as many votes as the members of the States Parties and participating in the vote. However, they do not have this right if their Member States vote separately and vice versa.
Reports on the application of the Agreement
Each Party shall present at each meeting of the Parties an up-to-date report on its participation in the application of this Agreement. The other Contracting Parties shall forward this report no later than 90 days before the beginning of the ordinary meeting.
Amendments to the Agreement
1. This Agreement may be amended at any meeting of the Parties.
2. Any party may submit proposals for changes.
3. The text of any proposed amendment as well as the reasons for its formulation should be submitted to the depositary at least 90 days before the beginning of the meeting. The depositary shall transmit copies of the text to the Contracting Parties without delay.
4. The amendments shall be approved by a two-thirds majority of the voting representatives of the Contracting Parties present and shall become binding 60 days after the deposit of the fifth instrument containing consent to the change with the depositary for those parties which have adopted them. Thereafter, the amendment shall enter into force for the party 30 days after the date of deposit of its instrument of agreement with the depositary.
Reservations
The provisions of this Agreement shall not be subject to general reservation. The area State or regional economic integration organisations may, at a time when they become a contracting party in accordance with Article X or Article XI, present their specific reservations concerning any particular species of bats.
Settlement of disputes
Any dispute which may arise between the Contracting Parties in connection with the interpretation or application of the provisions of this Agreement shall be dealt with by the parties concerned.
Signature, ratification, acceptance and approval
This Agreement shall be subject to the signatures of the areal States or regional economic integration organisations which may become Contracting Parties either:
(a) a signature without reservation in the event of ratification, acceptance or approval; or
(b) by signature, subject to ratification, acceptance or approval followed by ratification, acceptance or approval.
Documents of ratification, acceptance or approval shall be deposited with the depositary.
The Agreement shall remain open for signature until the date of its entry into force.
Accession to the Agreement
The Area State or Regional Economic Integration Organisations may accede to the Agreement after its entry into force. The accession documents shall be deposited with the depositary.
Entry into force
This Agreement shall enter into force on the 90th day following the date on which the five areal States become Contracting Parties in accordance with Article X. This Agreement shall then enter into force for each signatory or acceding State on the 30th day following the deposit of its instrument of ratification, acceptance or approval or accession with the depositary.
Termination and termination of the Agreement
Any Contracting Party may terminate this Agreement at any time by written notification to the depositary. The denunciation shall enter into force 12 months after the depositary receives the notification. The Agreement shall remain in force for at least 10 years and shall then be terminated on a date on which at least five Contracting Parties agree.
Depositor
The original of this Agreement in the English, French and German mutations, each version being completely authentic, shall be deposited with the Government of the United Kingdom, which shall be the depositary and shall distribute certified specimens to all States and to any regional economic integration organisation which has signed the Agreement or deposited documents of ratification, acceptance, approval or accession.
The depositary shall inform all areal States and regional economic integration organisations of signatures, the deposit of documents on ratification, acceptance, approval or accession, the entry into force of this Agreement and its amendments, reservations and denunciation notifications.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 208 / 1994 Coll., on access of the Czech Republic to the Agreement on the Protection of bats in Europe, adopted in London on 4 December 1991 |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.11.1994 |
|---|---|
| Effective from | 26.03.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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