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The Contracting Parties
RECALLING the Convention on the Conservation of Migratory
Species of Wild Animals opened for signature in Bonn on
23 June 1979;
RECOGNISING the unfavourable conservation status of bats
in Europe and non-European Range States and in particular
the serious threat to them from habitat degradation, disturbance
of roosting sites and certain pesticides;
CONSCIOUS that the threats facing bats in Europe and non-European
Range States are common to both migratory and non-migratory
species and that roosts are often shared by migratory and
non-migratory species;
RECALLING that the first meeting of the Conference of the
Parties to the Convention on the Conservation of Migratory
Species of Wild Animals held in Bonn in October 1985 agreed
to add European species of CHIROPTERA (Rhinolophidae and
Vespertilionidae) to Appendix II of the Convention and instructed
the Secretariat of the Convention to take appropriate measures
to develop an Agreement for these species;
CONVINCED that the conclusion of an Agreement for these
species would greatly benefit the conservation of bats in
Europe;
Have agreed as follows:
ARTICLE I
Scope and Interpretation
For the purposes of this Agreement:
(a) "Convention" means the Convention on the Conservation
of Migratory Species of Wild Animals (Bonn, 1979);
(b) "Bats" means European populations of CHIROPTERA (Rhinolophidae
and Vespertilionidae) occurring in Europe and non-European
Range States;
(c) "Range State" means any State (whether or not it is
a Party to the Convention) that exercises jurisdiction over
any part of the range of a species covered by this Agreement;
(d) "Regional Economic Integration Organisation" means
an organisation constituted by sovereign States to which
this Agreement applies and which has competence in matters
covered by this Agreement and has been duly authorised,
in accordance with its internal procedures, to sign, ratify,
accept, approve or accede to it;
(e) "Parties" means, unless the context otherwise indicates,
Parties to this Agreement;
(f) "In Europe" means the continent of Europe.
ARTICLE II
General Provisions
1. This Agreement is an AGREEMENT within the meaning of
paragraph 3 of Article IV of the Convention.
2. The provisions of this Agreement shall not relieve Parties
of their obligations under any existing treaty, convention
or agreement.
3. Each Party to this Agreement shall designate one or
more competent authorities to whom it shall assign responsibility
for the implementation of this Agreement. It shall communicate
the name and address of its authority or authorities to
the other Parties to this Agreement.
4. Appropriate administrative and financial support for
this Agreement shall be determined by its Parties in consultation
with the Parties to the Convention.
ARTICLE III
Fundamental Obligations
1. Each Party shall prohibit the deliberate capture, keeping
or killing of bats except under permit from its competent
authority.
2. Each Party shall identify those sites within its own
area of jurisdiction which are important for the conservation
status, including for the shelter and protection, of bats.
It shall, taking into account as necessary economic and
social considerations, protect such sites from damage or
disturbance. In addition, each Party shall endeavour to
identify and protect important feeding areas for bats from
damage or disturbance.
3. When deciding which habitats to protect for general
conservation purposes each Party shall give due weight to
habitats that are important for bats.
4. Each Party shall take appropriate measures to promote
the conservation of bats and shall promote public awareness
of the importance of bat conservation.
5. Each Party shall assign to an appropriate body responsibilities
for the provision of advice on bat conservation and management
within its territory particularly with regard to bats in
buildings. Parties shall exchange information on their experiences
in this matter.
6. Each Party shall take such additional action as it considers
necessary to safeguard populations of bats which it identifies
as being subject to threat and shall report under Article
VI on the action taken.
7. Each Party shall, as appropriate, promote research programmes
relating to the conservation and management of bats. Parties
shall consult each other on such research programmes, and
shall endeavour to co-ordinate such research and conservation
programmes.
8. Each Party shall, wherever appropriate, consider the
potential effects of pesticides on bats, when assessing
pesticides for use, and shall endeavour to replace timber
treatment chemicals which are highly toxic to bats with
safer alternatives.
ARTICLE IV
National Implementation
1. Each Party shall adopt and enforce such legislative
and administrative measures as may be necessary for the
purpose of giving effect to this Agreement.
2. The provisions of this Agreement shall in no way affect
the right of Parties to adopt stricter measures concerning
the conservation of bats.
ARTICLE V
Meetings of the Parties
1. There shall be periodic meetings of the Parties to this
Agreement. The Government of the United Kingdom shall call
the first meeting of the Parties to the Agreement not later
than three years after the date of entry into force of the
Agreement. The Parties to the Agreement shall adopt rules
of procedure for their meetings and financial rules, including
the provisions on the budget and the scale of contributions
for the next financial period. Such rules shall be adopted
by a two-thirds majority of the Parties present and voting.
Decisions taken under the financial rules shall require
a three-quarters majority of the Parties present and voting.
2. At their meetings the Parties may establish such scientific
and other working groups as they see fit.
3. Any Range States or Regional Economic Integration Organisation
not a Party to this Agreement, the Secretariat of the Convention,
the Council of Europe in its capacity as the Secretariat
of the Convention on the Conservation of European Wildlife
and Natural Habitats and similar intergovernmental organisations
may be represented by observers at meetings of the Parties.
Any agency or body technically qualified in the conservation
and management of bats may be represented by observers at
meetings of the Parties unless at least one-third of the
Parties present object. Only Parties may vote at meetings
of the Parties.
4. Except as provided for in paragraph 5 below, each Party
to this Agreement shall have one vote.
5. Regional Economic Integration Organisations which are
Parties to this Agreement shall, in matters within their
competence, exercise their right to vote with a number of
votes equal to the number of their Member States which are
Parties to the Agreement and present at the time of the
vote. A Regional Economic Integration Organisation shall
not exercise its right to vote if its Member States exercise
theirs, and vice versa.
ARTICLE VI
Reports on Implementation
Each Party shall present to each meeting of the Parties
an up-to-date report on its implementation of this Agreement.
It shall circulate the report to the Parties not less than
90 days before the opening of the ordinary meeting.
ARTICLE VII
Amendment of the Agreement
1. This Agreement may be amended at any meeting
of the Parties.
2. Proposals for amendment may be made by
any Party.
3. The text of any proposed amendment and
the reasons for it shall be communicated to the Depositary
at least 90 days before the opening of the meeting. The
Depositary shall transmit copies forthwith to the Parties.
4. Amendments shall be adopted by a two-thirds
majority of the Parties present and voting and shall enter
into force for those Parties which have accepted them 60
days after the deposit of the fifth instrument of acceptance
of the amendment with the Depositary. Thereafter, they shall
enter into force for a Party 30 days after the date of deposit
of its instrument of acceptance of the amendment with the
Depositary.
ARTICLE VIII
Reservations
The provisions of this Agreement shall not
be subject to general reservations. However, a Range State
or Regional Economic Integration Organisation may, on
becoming a Party in accordance with Article X or XI, enter
a specific reservation with regard to any particular species
of bat.
ARTICLE IX
Settlement of Disputes
Any dispute which may arise between Parties
with respect to the interpretation or application of the
provisions of this Agreement shall be subject to negotiations
between the Parties involved in the dispute.
ARTICLE X
Signature, Ratification, Acceptance and Approval
This Agreement shall be open to signature by Range States
or Regional Economic Integration Organisations who may become
Parties either by:
(a) signature without reservation in respect of ratification,
acceptance or approval; or
(b) signature with reservation in respect of ratification,
acceptance or approval, followed by ratification, acceptance
or approval.
Instruments of ratification, acceptance or approval shall
be deposited with the Depositary.
This Agreement shall remain open for signature until the
date of entry into force of the Agreement.
ARTICLE XI
Accession
This Agreement shall be open for accession
by Range States or Regional Economic Integration Organisations
after the date of entry into force of the Agreement. Instruments
of accession shall be deposited with the Depositary.
ARTICLE XII
Entry into Force
This Agreement shall enter into force on
the ninetieth day following the date on which five Range
States have become Parties in accordance with Article
X. Thereafter it shall enter into force for a signatory
or acceding State on the thirtieth day after the deposit
of its instrument of ratification, acceptance, approval
or accession.
ARTICLE XIII
Denunciation and Termination
Any Party may denounce this Agreement by
written notification to the Depositary at any time. The
denunciation shall take effect twelve months after the
date on which the Depositary has received the notification.
The Agreement shall remain in force for at least ten years,
and thereafter shall terminate on the date on which there
cease to be at least five Parties thereto.
ARTICLE XIV
Depositary
The original of the Agreement in English, French and German,
each version being equally authentic, shall be deposited
with the Government of the United Kingdom, which shall be
the Depositary and shall transmit certified copies thereof
to all States and any Regional Economic Integration Organisations
that have signed the Agreement or deposited instruments
of ratification, acceptance, approval or accession.
The Depositary shall inform all Range States and Regional
Economic Integration Organisations of signatures, deposit
of instruments of ratification, acceptance, approval or
accession, entry into force of this Agreement, amendments
thereto, reservations and notifications of denunciation.
In witness thereof, the undersigned, being duly authorised
to that effect have signed this Agreement.
Done at London this fourth day of December in the year
one thousand nine hundred and ninety-one.
1st
AMENDMENT
TO THE AGREEMENT ON THE CONSERVATION OF BATS IN EUROPE1
as adopted at the First Session of the
Meeting of Parties, held 18 - 20 July 1995 in Bristol,
UK
Resolution confirming the Amendment of
the scope of the Agreement
RECOGNIZING the need for conservation measures
to protect all species of Microchiroptera in Europe;
ACKNOWLEDGING the omission of European Molossidae
species from the original Agreement;
REFERRING to the decision of the Conference of the
Parties to the Convention on the Conservation of the Migratory
Species of Wild Animals, held in Nairobi between 7-11 June
1994, to add the European Free-tailed bat (Tadarida teniotis)
to its Appendix II, AGREES:
- To incorporate the family Molossidae within the scope
of the Agreement.
- To replace the words "CHIROPTERA (Rhinolophidae and
Vespertilionidae)" where they appear in the preamble to
the Agreement with the words "MICROCHIROPTERA (Molossidae,
Rhinolophidae and Vespertilionidae)".
- To replace Article I(b) with:
"(b) "Bats" means European populations of Microchiroptera
(Molossidae, Rhinolophidae and Vespertilionidae) occurring
in Europe and non-European Range States".
________
1Treaty Series
No. 9 (1994) Cm 2472.
2nd AMENDMENT
TO THE AGREEMENT ON THE CONSERVATION OF BATS IN EUROPE
as adopted at the Third Session of the
Meeting of Parties, held 24 - 26 July 2000 in Bristol,
UK
Resolution 3.7
The Meeting of the Parties to the Agreement on the
Conservation of Bats in Europe (hereafter "the Agreement"),
Recognizing the need for conservation measures
to protect all populations of Chiroptera species in Europe
and in their non-European Range States;
Guided by a common will to further
strengthen the Agreement and its scope;
Agrees:
1. To change the title of the Agreement to: "The Agreement
on the Conservation of Populations of European Bats";2.
To extend the last paragraph of the preamble with the words:
"and in their non-European Range States";3. To
replace Article I (b) with: "(b) "Bats" means populations
of CHIROPTERA species as listed in Annex 1 to this Agreement
occurring in Europe and in their non-European Range States";4.
To add a new paragraph 5 to Article II to read as follows:
"5. The Annexes to this Agreement form an integral part
thereof. Any reference to the Agreement includes a reference
to its Annexes."5. To replace Article VII (4) with:
"4. An Amendment to the Agreement other than an Amendment
to its Annexes shall be adopted by a two-thirds majority of
the Parties present and voting and shall enter into force
for those Parties which have accepted it 60 days after the
deposit of the fifth instrument of acceptance of the Amendment
with the Depositary. Thereafter, it shall enter into force
for a Party 30 days after the date of deposit of its instrument
of acceptance of the Amendment with the Depositary."6.
To add new paragraphs 5 to 7 to Article VII which read as
follows:
"5. Any additional Annexes and any Amendment
to an Annex shall be adopted by a two-thirds majority of the
Parties present and voting and shall enter into force for
all Parties on the sixtieth day after the date of its adoption
by the Meeting of the Parties, except for Parties which have
entered a reservation in accordance with paragraph 6 of this
Article.
6. During the period of 60 days provided for in paragraph
5 of this Article, any Party may by written notification
to the Depositary enter a reservation with respect to an
additional Annex or an Amendment to an Annex. Such reservation
may be withdrawn at any time by written notification to
the Depositary, and thereupon the additional Annex or the
Amendment shall enter into force for that Party on the sixtieth
day after the date of withdrawal of the reservation.
7. Any State which becomes a Party to the Agreement after
the entry into force of an Amendment shall, failing an expression
of a different intention by that State:
(a) be considered as a Party to the Agreement as amended;
and
(b) be considered as a Party to the unamended Agreement
in relation to any Party not bound by the Amendment."
7. To add the following Annex 1 to the Agreement:
ANNEX 1
Bat species occurring in Europe to which this
Agreement applies
Pteropodidae
Rousettus egyptiacus (Geoffroy, 1810)
Emballonuridae
Taphozous nudiventris (Cretzschmar, 1830)
Rhinolophidae
Rhinolophus blasii Peters, 1866
Rhinolophus euryale Blasius, 1853
Rhinolophus ferrumequinum (Schreber, 1774)
Rhinolophus hipposideros (Bechstein, 1800)
Rhinolophus mehelyi Matschie, 1901
Vespertilionidae
Barbastella barbastellus (Schreber, 1774)
Barbastella leucomelas (Cretzschmar, 1830)
Eptesicus bottae (Peters, 1869)
Eptesicus nilssonii (Keyserling & Blasius, 1839)
Eptesicus serotinus (Schreber, 1774)
Myotis bechsteinii (Kuhl, 1817)
Myotis blythii (Tomes, 1857)
Myotis brandtii (Eversmann, 1845)
Myotis capaccinii (Bonaparte, 1837)
Myotis dasycneme (Boie, 1825)
Myotis daubentonii (Kuhl, 1817)
Myotis emarginatus (Geoffroy, 1806)
Myotis myotis (Borkhausen, 1797)
Myotis mystacinus (Kuhl, 1817)
Myotis nattereri (Kuhl, 1817)
Myotis schaubi Kormos, 1934
Nyctalus lasiopterus (Schreber, 1780)
Nyctalus leisleri (Kuhl, 1817)
Nyctalus noctula (Schreber, 1774)
Otonycteris hemprichii (Peters, 1859)
Pipistrellus kuhlii (Kuhl, 1817)
Pipistrellus nathusii (Keyserling & Blasius, 1839)
Pipistrellus pipistrellus (Schreber, 1774)
Pipistrellus pygmaeus1
Leach, 1825
Pipistrellus savii (Bonaparte, 1837)
Plecotus auritus (Linnaeus, 1758)
Plecotus austriacus (Fischer, 1829)
Vespertilio murinus Linnaeus, 1758
Miniopterus schreibersii (Kuhl, 1817)
Molossidae
Tadarida teniotis (Rafinesque, 1814)
1 The nomenclature is awaiting confirmation
from ICZN. |