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I Acts whose publication is obligatory

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            REGULATION (EC) No 1781/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL         

of 15 November 2006         

on information on the payer accompanying transfers of funds

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Central Bank (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1

Subject matter

This Regulation lays down rules on information on the payer to accompany transfers of funds for the purposes of the prevention, investigation and detection of money laundering and terrorist financing.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

Article 3

Scope

1.   This Regulation shall apply to transfers of funds, in any currency, which are sent or received by a payment service provider established in the Community.

2.   This Regulation shall not apply to transfers of funds carried out using a credit or debit card, provided that:

3.   Where a Member State chooses to apply the derogation set out in Article 11(5)(d) of Directive 2005/60/EC, this Regulation shall not apply to transfers of funds using electronic money covered by that derogation, except where the amount transferred exceeds EUR 1 000.

4.   Without prejudice to paragraph 3, this Regulation shall not apply to transfers of funds carried out by means of a mobile telephone or any other digital or Information Technology (IT) device, when such transfers are pre-paid and do not exceed EUR 150.

5.   This Regulation shall not apply to transfers of funds carried out by means of a mobile telephone or any other digital or IT device, when such transfers are post-paid and meet all of the following conditions:

6.   Member States may decide not to apply this Regulation to transfers of funds within that Member State to a payee account permitting payment for the provision of goods or services if:

Member States making use of this derogation shall inform the Commission thereof.

7.   This Regulation shall not apply to transfers of funds:

CHAPTER II

OBLIGATIONS ON THE PAYMENT SERVICE PROVIDER OF THE PAYER

Article 4

Complete information on the payer

1.   Complete information on the payer shall consist of his name, address and account number.

2.   The address may be substituted with the date and place of birth of the payer, his customer identification number or national identity number.

3.   Where the payer does not have an account number, the payment service provider of the payer shall substitute it by a unique identifier which allows the transaction to be traced back to the payer.

Article 5

Information accompanying transfers of funds and record keeping

1.   Payment service providers shall ensure that transfers of funds are accompanied by complete information on the payer.

2.   The payment service provider of the payer shall, before transferring the funds, verify the complete information on the payer on the basis of documents, data or information obtained from a reliable and independent source.

3.   In the case of transfers of funds from an account, verification may be deemed to have taken place if:

4.   However, without prejudice to Article 7(c) of Directive 2005/60/EC, in the case of transfers of funds not made from an account, the payment service provider of the payer shall verify the information on the payer only where the amount exceeds EUR 1 000, unless the transaction is carried out in several operations that appear to be linked and together exceed EUR 1 000.

5.   The payment service provider of the payer shall for five years keep records of complete information on the payer which accompanies transfers of funds.

Article 6

Transfers of funds within the Community

1.   By way of derogation from Article 5(1), where both the payment service provider of the payer and the payment service provider of the payee are situated in the Community, transfers of funds shall be required to be accompanied only by the account number of the payer or a unique identifier allowing the transaction to be traced back to the payer.

2.   However, if so requested by the payment service provider of the payee, the payment service provider of the payer shall make available to the payment service provider of the payee complete information on the payer, within three working days of receiving that request.

Article 7

Transfers of funds from the Community to outside the Community

1.   Transfers of funds where the payment service provider of the payee is situated outside the Community shall be accompanied by complete information on the payer.

2.   In the case of batch file transfers from a single payer where the payment service providers of the payees are situated outside the Community, paragraph 1 shall not apply to the individual transfers bundled together therein, provided that the batch file contains that information and that the individual transfers carry the account number of the payer or a unique identifier.

CHAPTER III

OBLIGATIONS ON THE PAYMENT SERVICE PROVIDER OF THE PAYEE

Article 8

Detection of missing information on the payer

The payment service provider of the payee shall detect whether, in the messaging or payment and settlement system used to effect a transfer of funds, the fields relating to the information on the payer have been completed using the characters or inputs admissible within the conventions of that messaging or payment and settlement system. Such provider shall have effective procedures in place in order to detect whether the following information on the payer is missing:

Article 9

Transfers of funds with missing or incomplete information on the payer

1.   If the payment service provider of the payee becomes aware, when receiving transfers of funds, that information on the payer required under this Regulation is missing or incomplete, it shall either reject the transfer or ask for complete information on the payer. In any event, the payment service provider of the payee shall comply with any applicable law or administrative provisions relating to money laundering and terrorist financing, in particular, Regulations (EC) No 2580/2001 and (EC) No 881/2002, Directive 2005/60/EC and any national implementing measures.

2.   Where a payment service provider regularly fails to supply the required information on the payer, the payment service provider of the payee shall take steps, which may initially include the issuing of warnings and setting of deadlines, before either rejecting any future transfers of funds from that payment service provider or deciding whether or not to restrict or terminate its business relationship with that payment service provider.

The payment service provider of the payee shall report that fact to the authorities responsible for combating money laundering or terrorist financing.

Article 10

Risk-based assessment

The payment service provider of the payee shall consider missing or incomplete information on the payer as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported, in accordance with the obligations set out in Chapter III of Directive 2005/60/EC, to the authorities responsible for combating money laundering or terrorist financing.

Article 11

Record keeping

The payment service provider of the payee shall for five years keep records of any information received on the payer.

CHAPTER IV

OBLIGATIONS ON INTERMEDIARY PAYMENT SERVICE PROVIDERS

Article 12

Keeping information on the payer with the transfer

Intermediary payment service providers shall ensure that all information received on the payer that accompanies a transfer of funds is kept with the transfer.

Article 13

Technical limitations

1.   This Article shall apply where the payment service provider of the payer is situated outside the Community and the intermediary payment service provider is situated within the Community.

2.   Unless the intermediary payment service provider becomes aware, when receiving a transfer of funds, that information on the payer required under this Regulation is missing or incomplete, it may use a payment system with technical limitations which prevents information on the payer from accompanying the transfer of funds to send transfers of funds to the payment service provider of the payee.

3.   Where the intermediary payment service provider becomes aware, when receiving a transfer of funds, that information on the payer required under this Regulation is missing or incomplete, it shall only use a payment system with technical limitations if it is able to inform the payment service provider of the payee thereof, either within a messaging or payment system that provides for communication of this fact or through another procedure, provided that the manner of communication is accepted by, or agreed between, both payment service providers.

4.   Where the intermediary payment service provider uses a payment system with technical limitations, the intermediary payment service provider shall, upon request from the payment service provider of the payee, make available to that payment service provider all the information on the payer which it has received, irrespective of whether it is complete or not, within three working days of receiving that request.

5.   In the cases referred to in paragraphs 2 and 3, the intermediary payment service provider shall for five years keep records of all information received.

CHAPTER V

GENERAL OBLIGATIONS AND IMPLEMENTING POWERS

Article 14

Cooperation obligations

Payment service providers shall respond fully and without delay, in accordance with the procedural requirements established in the national law of the Member State in which they are situated, to enquiries from the authorities responsible for combating money laundering or terrorist financing of that Member State concerning the information on the payer accompanying transfers of funds and corresponding records.

Without prejudice to national criminal law and the protection of fundamental rights, those authorities may use that information only for the purposes of preventing, investigating or detecting money laundering or terrorist financing.

Article 15

Penalties and monitoring

1.   Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive. They shall apply from 15 December 2007.

2.   Member States shall notify the Commission of the rules referred to in paragraph 1 and the authorities responsible for their application by 14 December 2007at the latest, and shall notify it without delay of any subsequent amendment affecting them.

3.   Member States shall require competent authorities to effectively monitor, and take necessary measures with a view to ensuring, compliance with the requirements of this Regulation.

Article 16

Committee procedure

1.   The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing established by Directive 2005/60/EC, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof and provided that the implementing measures adopted in accordance with this procedure do not modify the essential provisions of this Regulation.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

CHAPTER VI

DEROGATIONS

Article 17

Agreements with territories or countries which do not form part of the territory of the Community

1.   The Commission may authorise any Member State to conclude agreements, under national arrangements, with a country or territory which does not form part of the territory of the Community as determined in accordance with Article 299 of the Treaty, which contain derogations from this Regulation, in order to allow for transfers of funds between that country or territory and the Member State concerned to be treated as transfers of funds within that Member State.

Such agreements may be authorised only if:

2.   Any Member State wishing to conclude an agreement as referred to in paragraph 1 shall send an application to the Commission and provide it with all the necessary information.

Upon receipt by the Commission of an application from a Member State, transfers of funds between that Member State and the country or territory concerned shall be provisionally treated as transfers of funds within that Member State, until a decision is reached in accordance with the procedure set out in this Article.

If the Commission considers that it does not have all the necessary information, it shall contact the Member State concerned within two months of receipt of the application and specify the additional information required.

Once the Commission has all the information it considers necessary for appraisal of the request, it shall within one month notify the requesting Member State accordingly and shall transmit the request to the other Member States.

3.   Within three months of the notification referred to in the fourth subparagraph of paragraph 2, the Commission shall decide, in accordance with the procedure referred to in Article 16(2), whether to authorise the Member State concerned to conclude the agreement referred to in paragraph 1 of this Article.

In any event, a decision as referred to in the first subparagraph shall be adopted within eighteen months of receipt of the application by the Commission.

Article 18

Transfers of funds to non-profit organisations within a Member State

1.   Member States may exempt payment service providers situated in their territory from the obligations set out in Article 5, as regards transfers of funds to organisations carrying out activities for non-profit charitable, religious, cultural, educational, social, scientific or fraternal purposes, provided that those organisations are subject to reporting and external audit requirements or supervision by a public authority or self-regulatory body recognised under national law and that those transfers of funds are limited to a maximum amount of EUR 150 per transfer and take place exclusively within the territory of that Member State.

2.   Member States making use of this Article shall communicate to the Commission the measures that they have adopted for applying the option provided for in paragraph 1, including a list of organisations covered by the exemption, the names of the natural persons who ultimately control those organisations and an explanation of how the list will be updated. That information shall also be made available to the authorities responsible for combating money laundering and terrorist financing.

3.   An up-to-date list of organisations covered by the exemption shall be communicated by the Member State concerned to the payment service providers operating in that Member State.

Article 19

Review clause

1.   By 28 December 2011 the Commission shall present a report to the European Parliament and to the Council giving a full economic and legal assessment of the application of this Regulation, accompanied, if appropriate, by a proposal for its modification or repeal.

2.   That report shall in particular review:

CHAPTER VII

FINAL PROVISIONS

Article 20

Entry into force

This Regulation shall enter into force on the 20th day following the day of its publication in the Official Journal of the European Union, but in any event not before 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 15 November 2006.

For the European Parliament

The President

J. BORRELL FONTELLES            

For the Council

The President

P. LEHTOMÄKI            

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(1)OJ C 336, 31.12.2005, p. 109.

(2)  Opinion of the European Parliament delivered on 6 July 2006 (not yet published in the Official Journal) and Council Decision delivered on 7 November 2006.

(3)OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Commission Regulation (EC) No 1461/2006 (OJ L 272, 3.10.2006, p. 11).

(4)OJ L 139, 29.5.2002, p. 9. Regulation as last amended by Commission Regulation (EC) No 1508/2006 (OJ L 280, 12.10.2006, p. 12).

(5)OJ L 309, 25.11.2005, p. 15.

(6)OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(7)OJ L 275, 27.10.2000, p. 39.

(8)  Regulation as corrected by OJ L 344, 28.12.2001, p. 13.

(9)OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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            COUNCIL REGULATION (EC) No 1782/2006

of 20 November 2006         

amending Regulations (EC) No 51/2006 and (EC) No 2270/2004, as regards fishing opportunities and associated conditions for certain fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (2), and in particular Article 8 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 51/2006

Regulation (EC) No 51/2006 is hereby amended as follows:

Article 2

Amendments to Regulation (EC) No 2270/2004

The Annex to Regulation (EC) No 2270/2004 shall be amended in accordance with the text appearing in Annex II to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 November 2006.

For the Council

The President

J. KORKEAOJA            

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(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 70, 9.3.2004, p. 8.

(3)OJ L 16, 20.1.2006, p. 1, as last amended by Commission Regulation (EC) No 1642/2006 (OJ L 308, 8.11.2006, p. 5).

(4)OJ L 396, 31.12.2004, p. 4, as last amended by Commission Regulation (EC) No 742/2006 (OJ L 130, 18.5.2006, p. 7).

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ANNEX I

The Annexes to Regulation (EC) No 51/2006 are amended as follows:

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(1)  Excluding an estimated 2 000 tonnes of industrial by-catch.

(2)  May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

(3)  Of which 16 170 tonnes are allocated to Iceland.

(4)  To be fished before 30 April 2006.’         

(5)  Including unavoidable by-catches (cod not allowed).

(6)  To be fished between July and December.’         

(1)  Only the denominations in points 4 and 8 are used.

(2)  Application of Regulation (EC) No 850/98 where restrictions exist.

(3)  Only the denominations in point 3.’         

(4)  This allocation is valid for purse and trawl fisheries.

(5)  To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N.

(6)  Following the Agreed Record of 1999, the figures for the Directed fishing for cod and haddock are included in the figures for all trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines.

(7)  These figures refer to the maximum number of vessels present at any time.

(8)  These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.

(9)  Applies only to vessels flying the flag of Latvia.’         

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ANNEX II

In Part 2 of the Annex to Regulation (EC) No 2270/2004 the entry concerning the species roundnose grenadier in zone III shall be replaced by the following:

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 18 July 2005         

on the conclusion on behalf of the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds

(2006/871/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular, Article 175(1), in conjunction with Article 300(2), first sentence of the first subparagraph, Article 300(3), first subparagraph, and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on the Conservation of African-Eurasian Migratory Waterbirds, is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person or persons empowered to deposit the instrument of approval with the Government of the Kingdom of the Netherlands, being the Depositary for the Agreement, in accordance with Article XVII thereof.

Article 3

1.   As regards matters falling within Community competence, the Commission is hereby authorised to approve, on behalf of the Community, amendments to the Annexes to the Agreement adopted in accordance with Article X(5) of the Agreement.

2.   The Commission shall be assisted in carrying out this task by a special committee appointed by the Council.

3.   The authorisation referred to in paragraph 1 shall be limited to those amendments that are consistent with, and do not entail any modification of, Community legislation on the conservation of wild birds and their natural habitats.

4.   Whenever an amendment to the Annexes to the Agreement is not implemented in the relevant Community legislation within ninety days of the date of its adoption by the Meeting of the Parties, the Commission shall by written notification to the Depositary enter a reservation with respect to that amendment in accordance with Article X(6) of the Agreement before the expiry of that ninety day period. Where the amendment is subsequently implemented, the Commission shall withdraw the reservation without delay.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 18 July 2005.

For the Council

The President

M. BECKETT            

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(1)  Not yet published in the Official Journal.

(2)OJ L 210, 19.7.1982, p. 10.

(3)OJ L 103, 25.4.1979, p. 1. Directive as last amended by the 2003 Act of Accession.

(4)OJ L 206, 22.7.1992, p. 7. Directive as last amended by the 2003 Act of Accession.

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            AGREEMENT         

on the Conservation of African-Eurasian Migratory Waterbirds

THE CONTRACTING PARTIES,

RECALLING that the Convention on the Conservation of Migratory Species of Wild Animals, 1979, encourages international cooperative action to conserve migratory species;

RECALLING further that the first meeting of the Conference of the Parties to the Convention, held in Bonn in October 1985, instructed the Secretariat of the Convention to take appropriate measures to develop an Agreement on Western Palearctic Anatidae;

CONSIDERING that migratory waterbirds constitute an important part of the global biological diversity which, in keeping with the spirit of the Convention on Biological Diversity, 1992, and Agenda 21 should be conserved for the benefit of present and future generations;

AWARE of the economic, social, cultural and recreational benefits accruing from the taking of certain species of migratory waterbirds and of the environmental, ecological, genetic, scientific, aesthetic, recreational, cultural, educational, social and economic values of waterbirds in general;

CONVINCED that any taking of migratory waterbirds must be conducted on a sustainable basis, taking into account the conservation status of the species concerned over their entire range as well as their biological characteristics;

CONSCIOUS that migratory waterbirds are particularly vulnerable because they migrate over long distances and are dependent on networks of wetlands that are decreasing in extent and becoming degraded through non-sustainable human activities, as is expressed in the Convention on Wetlands of International Importance, especially as Waterfowl Habitat, 1971;

RECOGNISING the need to take immediate action to stop the decline of migratory waterbird species and their habitats in the geographic area of the African-Eurasian waterbird migration systems;

CONVINCED that the conclusion of a multilateral Agreement and its implementation through coordinated or concerted action will contribute significantly to the conservation of migratory waterbirds and their habitats in the most efficient manner, and will have ancillary benefits for many other species of animals and plants; and

ACKNOWLEDGING that effective implementation of such an Agreement will require assistance to be provided to some Range States for research, training and monitoring of migratory waterbird species and their habitats, for the management of those habitats as well as for the establishment or improvement of scientific and administrative institutions for the implementation of this Agreement,

HAVE AGREED AS FOLLOWS:

Article I

Scope, definitions and interpretation

1.   The geographic scope of this Agreement is the area of the migration systems of African-Eurasian waterbirds, as defined in Annex 1 to this Agreement, hereafter referred to as the ‘Agreement area’.

2.   For the purpose of this Agreement:

In addition, the terms defined in Article I(1)(a) to (k), of the Convention shall have the same meaning, mutatis mutandis, in this Agreement.

3.   This Agreement is an Agreement within the meaning of Article IV(3), of the Convention.

4.   The Annexes to this Agreement form an integral part thereof. Any reference to the Agreement includes a reference to its annexes.

Article II

Fundamental principles

1.   Parties shall take coordinated measures to maintain migratory waterbird species in a favourable conservation status or to restore them to such a status. To this end, they shall apply within the limits of their national jurisdiction the measures prescribed in Article III, together with the specific actions determined in the Action Plan provided for in Article IV, of this Agreement.

2.   In implementing the measures prescribed in paragraph 1, Parties should take into account the precautionary principle.

Article III

General conservation measures

1.   The Parties shall take measures to conserve migratory waterbirds, giving special attention to endangered species as well as to those with an unfavourable conservation status.

2.   To this end, the Parties shall:

Article IV

Action Plan and Conservation Guidelines

1.   An Action Plan is appended as Annex 3 to this Agreement. It specifies actions which the Parties shall undertake in relation to priority species and issues, under the following headings, consistent with the general conservation measures specified in Article III of this Agreement:

2.   The Action Plan shall be reviewed at each ordinary session of the Meeting of the Parties, taking into account the Conservation Guidelines.

3.   Any amendment to the Action Plan shall be adopted by the Meeting of the Parties, taking into consideration the provisions of Article III of this Agreement.

4.   The Conservation Guidelines shall be submitted to the Meeting of the Parties for adoption at its first session, and shall be regularly reviewed.

Article V

Implementation and financing

1.   Each Party shall:

3.   The Meeting of the Parties may establish a conservation fund from voluntary contributions of Parties or from any other source for the purpose of financing monitoring, research, training and projects relating to the conservation, including protection and management, of migratory waterbirds.

4.   Parties are encouraged to provide training and technical and financial support to other Parties on a multilateral or bilateral basis to assist them in implementing the provisions of this Agreement.

Article VI

Meeting of the Parties

1.   The Meeting of the Parties shall be the decision-making body of this Agreement.

2.   The Depositary shall, in consultation with the Convention Secretariat, convene a session of the Meeting of the Parties not later than one year after the date of the entry into force of this Agreement. Thereafter, the Agreement secretariat shall convene, in consultation with the Convention Secretariat, ordinary sessions of the Meeting of the Parties at intervals of not more than three years, unless the Meeting of the Parties decides otherwise. Where it is possible to do so, such sessions should be held in conjunction with the ordinary meetings of the Conference of the Parties to the Convention.

3.   On the written request of at least one third of the Parties, the Agreement secretariat shall convene an extraordinary session of the Meeting of the Parties.

4.   The United Nations, its specialised agencies, the International Atomic Energy Agency, any State not a Party to the Agreement, and the secretariats of international conventions concerned, inter alia, with the conservation, including protection and management, of migratory waterbirds may be represented by observers in sessions of the Meeting of the Parties. Any agency or body technically qualified in such conservation matters or in research on migratory waterbirds may also be represented at sessions of the Meeting of the Parties by observers, unless at least one third of the Parties present object.

5.   Only Parties have the right to vote. Each Party shall have one vote, but 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. A regional economic integration organisation shall not exercise its right to vote if its Member States exercise theirs, and vice versa.

6.   Unless provided otherwise in this Agreement, decisions of the Meeting of the Parties shall be adopted by consensus or, if consensus cannot be achieved, by a two-thirds majority of the Parties present and voting.

7.   At its first session, the Meeting of the Parties shall:

8.   At each of its ordinary sessions, the Meeting of the Parties shall:

9.   At any of its sessions, the Meeting of the Parties may:

Article VII

Technical Committee

1.   The Technical Committee shall comprise:

The procedure for the appointment of the experts, the term of their appointment and the procedure for designation of the Chairman of the Technical Committee shall be determined by the Meeting of the Parties. The Chairman may admit a maximum of four observers from specialised international inter-governmental and non-governmental organisations.

2.   Unless the Meeting of the Parties decides otherwise, meetings of the Technical Committee shall be convened by the Agreement secretariat in conjunction with each ordinary session of the Meeting of the Parties and at least once between ordinary sessions of the Meeting of the Parties.

3.   The Technical Committee shall:

4.   Where in the opinion of the Technical Committee there has arisen an emergency which requires the adoption of immediate measures to avoid deterioration of the conservation status of one or more migratory waterbird species, the Technical Committee may request the Agreement secretariat to convene urgently a meeting of the Parties concerned. These Parties shall meet as soon as possible thereafter to establish rapidly a mechanism to give protection to the species identified as being subject to particularly adverse threat. Where a recommendation has been adopted at such a meeting, the Parties concerned shall inform each other and the Agreement secretariat of measures they have taken to implement it, or of the reasons why the recommendation could not be implemented.

5.   The Technical Committee may establish such working groups as may be necessary to deal with specific tasks.

Article VIII

Agreement Secretariat

The functions of the Agreement secretariat shall be:

Article IX

Relations with international bodies dealing with migratory waterbirds and their habitats

The Agreement secretariat shall consult:

Article X

Amendment of the Agreement

1.   This Agreement may be amended at any ordinary or extraordinary session of the 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 Agreement secretariat not less than 150 days before the opening of the session. The Agreement secretariat shall transmit copies forthwith to the Parties. Any comments on the text by the Parties shall be communicated to the Agreement secretariat not less than 60 days before the opening of the session. The Secretariat shall, as soon as possible after the last day for submission of comments, communicate to the Parties all comments submitted by that day.

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 on the 30th day after the date on which two thirds of the Parties to the Agreement at the date of the adoption of the amendment have deposited their instruments of acceptance of the amendment with the Depositary. For each Party which deposits an instrument of acceptance after the date on which two thirds of the Parties have deposited their instruments of acceptance, the amendment shall enter into force on the 30th day after the date on which it deposits its instrument of acceptance.

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 90th 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 ninety 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 30th day after the date of withdrawal of the reservation.

Article XI

Effect of this Agreement on international conventions and legislation

1.   The provisions of this Agreement do not affect the rights and obligations of any Party deriving from existing international treaties, conventions or agreements.

2.   The provisions of this Agreement shall in no way affect the right of any Party to maintain or adopt stricter measures for the conservation of migratory waterbirds and their habitats.

Article XII

Settlement of disputes

1.   Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiation between the Parties involved in the dispute.

2.   If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision.

Article XIII

Signature, ratification, acceptance, approval, accession

1.   This Agreement shall be open for signature by any Range State, whether or not areas under its jurisdiction lie within the Agreement Area, or regional economic integration organisation, at least one member of which is a Range State, either by:

2.   This Agreement shall remain open for signature at The Hague until the date of its entry into force.

3.   This Agreement shall be open for accession by any Range State or regional economic integration organisation mentioned in paragraph 1 on and after the date of entry into force of the Agreement.

4.   Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Article XIV

Entry into force

1.   This Agreement shall enter into force on the first day of the third month after at least 14 Range States or regional economic integration organisations, comprising at least seven from Africa and seven from Eurasia, have signed without reservation in respect of ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance or approval in accordance with Article XIII of this Agreement.

2.   For any Range State or regional economic integration organisation which has:

Article XV

Reservations

The provisions of this Agreement shall not be subject to general reservations. However, a specific reservation may be entered by any State or regional economic integration organisation on signature without reservation in respect of ratification, acceptance or approval or, as the case may be, on depositing its instrument of ratification, acceptance, approval or accession in respect of any species covered by the Agreement or any specific provision of the Action Plan. Such a reservation may be withdrawn at any time by the State or regional economic integration organisation which had entered it, by notification in writing to the Depositary; such a State or organisation shall not be bound by the provisions which are the object of the reservation until 30 days after the date on which the reservation has been withdrawn.

Article XVI

Denunciation

Any Party may denounce this Agreement by written notification to the Depositary at any time. The denunciation shall take effect 12 months after the date on which the Depositary has received the notification.

Article XVII

Depositary

1.   The original of this Agreement, in the Arabic, English, French and Russian languages, each version being equally authentic, shall be deposited with the Government of the Kingdom of the Netherlands which shall be the Depositary. The Depositary shall transmit certified copies of these versions to all States and regional economic integration organisations referred to in Article XIII(1) of this Agreement, and to the Agreement secretariat after it has been established.

2.   As soon as this Agreement enters into force, a certified copy thereof shall be transmitted by the Depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

3.   The Depositary shall inform all States and regional economic integration organisations that have signed or acceded to the Agreement, and the Agreement secretariat, of:

The Depositary shall transmit to all States and regional economic integration organisations that have signed or acceded to this Agreement, and to the Agreement secretariat, the text of any reservation, of any additional annex and of any amendment to the Agreement or to its annexes.

In witness whereof the undersigned, being duly authorised to that effect, have signed this Agreement.

Done at The Hague on the sixteenth day of June in this year one thousand nine hundred and ninety-five.

ANNEX 1

DEFINITION OF THE AGREEMENT AREA

The boundary of the Agreement area is defined as follows: from the North Pole south along the 130° W line of longitude to 75° N; thence east and south-east through Viscount Melville Sound, Prince Regent Inlet, the Gulf of Boothia, Foxe Basin, Foxe Channel and Hudson Strait to a point in the north-west Atlantic at 60° N, 60° W; thence south-east through the north-west Atlantic to a point at 50° N, 30° W; thence south along the 30° W line of longitude to 10° N; thence south-east to the Equator at 20° W; thence south along the 20° W line of longitude to 40° S; thence east along the 40° S line of latitude to 60° E; thence north along the 60° E line of longitude to 35° N; thence east-north-east on a great circle to a point in the western Altai at 49° N, 87°  27' E; thence northeast on a great circle to the coast of the Arctic Ocean at 130° E; thence north along the 130° E line of longitude to the North Pole. The outline of the Agreement Area is illustrated on the following map.

Map of the Agreement Area

ANNEX 2

WATERBIRD SPECIES TO WHICH THE AGREEMENT APPLIES (1)

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(1)  As adopted at the second session of the Meeting of the Parties, which took place from 25 to 27 September 2002, Bonn, Germany.

ANNEX 3

ACTION PLAN (1)

1.   Field of application

1.1.   The Action Plan is applicable to the populations of migratory waterbirds listed in Table 1 to this Annex (hereafter referred to as Table 1).

1.2.   Table 1 forms an integral part of this Annex. Any reference to this Action Plan includes a reference to Table 1.

2.   Species conservation

2.1.   Legal measures

2.1.1.   Parties with populations listed in column A of Table 1 shall provide protection to those populations listed in accordance with Article III (2)(a) of this Agreement. Such Parties shall in particular and subject to paragraph 2.1.3:

By way of exception for those populations listed in Categories 2 and 3 in Column A only and which are marked by an asterisk, hunting may continue on a sustainable use basis where hunting of such populations is a long-established cultural practice. This sustainable use shall be conducted within the framework of special provisions of a species action plan at the appropriate international level.

2.1.2.   Parties with populations listed in Table 1 shall regulate the taking of birds and eggs of all populations listed in column B of Table 1. The object of such legal measures shall be to maintain or contribute to the restoration of those populations to a favourable conservation status and to ensure, on the basis of the best available knowledge of population dynamics, that any taking or other use is sustainable. Such legal measures, subject to paragraph 2.1.3, shall in particular:

2.1.3.   Parties may grant exemptions to the prohibitions laid down in paragraphs 2.1.1 and 2.1.2, irrespective of the provisions of Article III(5) of the Convention, where there is no other satisfactory solution, for the following purposes:

Such exemptions shall be precise as to content and limited in space and time and shall not operate to the detriment of the populations listed in Table 1. Parties shall as soon as possible inform the Agreement secretariat of any exemptions granted pursuant to this provision.

2.2.   Single species action plans

2.2.1.   Parties shall cooperate with a view to developing and implementing international single species action plans for populations listed in Category 1 of Column A of Table 1 as a priority and for those populations listed with an asterisk in Column A of Table 1. The Agreement secretariat shall coordinate the development, harmonisation and implementation of such plans.

2.2.2.   Parties shall prepare and implement national single species action plans for the populations listed in Column A of Table 1 with a view to improving their overall conservation status. This action plan shall include special provisions for those populations marked with an asterisk. When appropriate, the problem of accidental killing of birds by hunters as a result of incorrect identification of the species should be considered.

2.3.   Emergency measures

Parties shall, in close cooperation with each other whenever possible and relevant, develop and implement emergency measures for populations listed in Table 1, when exceptionally unfavourable or endangering conditions occur anywhere in the Agreement Area.

2.4.   Re-establishments

Parties shall exercise the greatest care when re-establishing populations listed in Table 1 into parts of their traditional range where they no longer exist. They shall endeavour to develop and follow a detailed re-establishment plan based on appropriate scientific studies. Re-establishment plans should constitute an integral part of national and, where appropriate, international single species action plans. A re-establishment plan should include assessment of the impact on the environment and shall be made widely available. Parties shall inform the Agreement secretariat, in advance, of all re-establishment programme for populations listed in Table 1.

2.5.   Introductions

2.5.1.   Parties shall, if they consider it necessary, prohibit the introduction of non-native species of animals and plants which may be detrimental to the populations listed in Table 1.

2.5.2.   Parties shall, if they consider it necessary, require the taking of appropriate precautions to avoid the accidental escape of captive birds belonging to non-native species.

2.5.3.   Parties shall take measures to the extent feasible and appropriate, including taking, to ensure that when non-native species or hybrids thereof have already been introduced into their territory, those species or their hybrids do not pose a potential hazard to the populations listed in Table 1.

3.   Habitat conservation

3.1.   Habitat inventories

3.1.1.   Parties, in liaison where appropriate with competent international organisations, shall undertake and publish national inventories of the habitats within their territory which are important to the populations listed in Table 1.

3.1.2.   Parties shall endeavour, as a matter of priority, to identify all sites of international or national importance for populations listed in Table 1.

3.2.   Conservation of areas

3.2.1.   Parties shall endeavour to continue establishing protected areas to conserve habitats important for the populations listed in Table 1, and to develop and implement management plans for these areas.

3.2.2.   Parties shall endeavour to give special protection to those wetlands which meet internationally accepted criteria of international importance.

3.2.3.   Parties shall endeavour to make wise and sustainable use of all of the wetlands in their territory. In particular they shall endeavour to avoid degradation and loss of habitats that support populations listed in Table 1 through the introduction of appropriate regulations or standards and control measures. In particular, they shall endeavour to:

3.2.4.   Parties shall endeavour to develop strategies, according to an ecosystem approach, for the conservation of the habitats of all populations listed in Table 1, including the habitats of those populations that are dispersed.

3.3.   Rehabilitation and restoration

Parties shall endeavour to rehabilitate or restore, where feasible and appropriate, areas which were previously important for the populations listed in Table 1.

4.   Management of human activities

4.1.   Hunting

4.1.1.   Parties shall cooperate to ensure that their hunting legislation implements the principle of sustainable use as envisaged in this Action Plan, taking into account the full geographical range of the waterbird populations concerned and their life history characteristics.

4.1.2.   The Agreement secretariat shall be kept informed by the Parties of their legislation relating to the hunting of populations listed in Table 1.

4.1.3.   Parties shall cooperate with a view to developing a reliable and harmonised system for the collection of harvest data in order to assess the annual harvest of populations listed in Table 1. They shall provide the Agreement secretariat with estimates of the total annual take for each population, when available.

4.1.4.   Parties shall endeavour to phase out the use of lead shot for hunting in wetlands by the year 2000.

4.1.5.   Parties shall develop and implement measures to reduce, and as far as possible eliminate, the use of poisoned baits.

4.1.6.   Parties shall develop and implement measures to reduce, and as far as possible eliminate, illegal taking.

4.1.7.   Where appropriate, Parties shall encourage hunters, at local, national and international levels, to form clubs or organisations to coordinate their activities and to help ensure sustainability.

4.1.8.   Parties shall, where appropriate, promote the requirement of a proficiency test for hunters, including among other things, bird identification.

4.2.   Eco-tourism

4.2.1.   Parties shall encourage, where appropriate but not in the case of core zones of protected areas, the elaboration of cooperative programmes between all concerned to develop sensitive and appropriate eco-tourism at wetlands holding concentrations of populations listed in Table 1.

4.2.2.   Parties, in cooperation with competent international organisations, shall endeavour to evaluate the costs, benefits and other consequences that can result from eco-tourism at selected wetlands with concentrations of populations listed in Table 1. They shall communicate the results of any such evaluations to the Agreement secretariat.

4.3.   Other human activities

4.3.1.   Parties shall assess the impact of proposed projects which are likely to lead to conflicts between populations listed in Table 1 that are in the areas referred to in paragraph 3.2 and human interests, and shall make the results of the assessment publicly available.

4.3.2.   Parties shall endeavour to gather information on the damage, in particular to crops and to fisheries, caused by populations listed in Table 1, and report the results to the Agreement secretariat.

4.3.3.   Parties shall cooperate with a view to identifying appropriate techniques to minimise damage, or to mitigate the effects of damage, in particular to crops and to fisheries, caused by populations listed in Table 1, drawing on the experience gained elsewhere in the world.

4.3.4.   Parties shall cooperate with a view to developing single species action plans for populations which cause significant damage, in particular to crops and to fisheries. The Agreement secretariat shall coordinate the development and harmonisation of such plans.

4.3.5.   Parties shall, as far as possible, promote high environmental standards in the planning and construction of structures to minimise their impact on populations listed in Table 1. They should consider steps to minimise the impact of structures already in existence where it becomes evident that they constitute a negative impact for the populations concerned.

4.3.6.   In cases where human disturbance threatens the conservation status of waterbird populations listed in Table 1, Parties should endeavour to take measures to limit the level of threat. Special attention should be given to problem of human disturbance at breeding colonies of colonially-nesting waterbirds, especially when they are situated in the areas which are popular for outdoor recreation. Appropriate measures might include, inter alia, the establishment of disturbance-free zones in protected areas where public access is not permitted.

5.   Research and monitoring

5.1.   Parties shall endeavour to carry out survey work in poorly known areas, which may hold important concentrations of the populations listed in Table 1. The results of such surveys shall be disseminated widely.

5.2.   Parties shall endeavour to monitor the populations listed in Table 1. The results of such monitoring shall be published or sent to appropriate international organisations, to enable reviews of population status and trends.

5.3.   Parties shall cooperate to improve the measurement of bird population trends as a criterion for describing the status of such populations.

5.4.   Parties shall cooperate with a view to determining the migration routes of all populations listed in Table 1, using available knowledge of breeding and non-breeding season distributions and census results, and by participating in coordinated ringing programmes.

5.5.   Parties shall endeavour to initiate and support joint research projects into the ecology and population dynamics of populations listed in Table 1 and their habitats, in order to determine their specific requirements as well as the techniques which are the most appropriate for their conservation and management.

5.6.   Parties shall endeavour to undertake studies on the effects of wetland loss and degradation and disturbance on the carrying capacity of wetlands used by the populations listed in Table 1 and on the migration patterns of such populations.

5.7.   Parties shall endeavour to undertake studies on the impact of hunting and trade on the populations listed in Table 1 and on the importance of these forms of utilisation to the local and national economy.

5.8.   Parties shall endeavour to cooperate with relevant international organisations and to support research and monitoring projects.

6.   Education and information

6.1.   Parties shall, where necessary, arrange for training programmes to ensure that personnel responsible for the implementation of this Action Plan have an adequate knowledge to implement it effectively.

6.2.   Parties shall cooperate with each other and the Agreement secretariat with a view to developing training programmes and exchanging resource materials.

6.3.   Parties shall endeavour to develop programmes, information materials and mechanisms to improve the level of awareness of the general public with regard to the objectives, provisions and contents of this Action Plan. In this regard, particular attention shall be given to those people living in and around important wetlands, to users of these wetlands (hunters, fishermen, tourists, etc.) and to local authorities and other decision makers.

6.4.   Parties shall endeavour to undertake specific public awareness campaigns for the conservation of the populations listed in Table 1.

7.   Implementation

7.1.   When implementing this Action Plan, Parties shall, when appropriate, give priority to those populations listed in Column A of Table 1.

7.2.   Where, in the case of populations listed in Table 1, more than one population of the same species occurs on the territory of a Party, that Party shall apply conservation measures appropriate to the population or populations that have the poorest conservation status.

7.3.   The Agreement secretariat, in coordination with the Technical Committee and with the assistance of experts from Range States, shall coordinate the development of conservation guidelines in accordance with Article IV(4) of this Agreement to assist the Parties in the implementation of this Action Plan. The Agreement secretariat shall ensure, where possible, coherence with guidelines approved under other international instruments. These conservation guidelines shall aim at introducing the principle of sustainable use. They shall cover, inter alia:

7.4.   The Agreement secretariat, in coordination with the Technical Committee and the Parties, shall prepare a series of international reviews necessary for the implementation of this Action Plan, including:

7.5.   The Agreement secretariat shall endeavour to ensure that the reviews mentioned in paragraph 7.4 are updated at intervals of not more than three years.

7.6.   The Technical Committee shall assess the guidelines and reviews prepared under paragraphs 7.3 and 7.4, and shall formulate draft recommendations and resolutions relating to their development, content and implementation for consideration at sessions of the Meeting of the Parties.

7.7.   The Agreement secretariat shall regularly undertake a review of potential mechanisms for providing additional resources (funds and technical assistance) for the implementation of this Action Plan, and shall make a report to each ordinary session of the Meeting of the Parties.

TABLE 1

STATUS OF THE POPULATIONS OF MIGRATORY WATERBIRDS (1)

Key to classification

The following key to Table 1 is a basis for implementation of the Action Plan:

Column A

For species listed in categories 2 and 3 above, see paragraph 2.1.1 of the Action Plan contained in Annex 3 to the Agreement.

Column B

Column C

Review of Table 1

The Table shall be:

Definition of geographical terms used in range descriptions

Key to abbreviations and symbols

Notes

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(1)  As adopted at the second session of the Meeting of the Parties, which took place from 25 to 27 September 2002, Bonn, Germany.

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