CELEX: 51995PC0444
Language: sv
Date: 1995-09-26
Title: Proposal for a COUNCIL DECISION on the signature by the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds

EUROPEISKA GEMENSKAPERNAS KOMMISSION

                                  Bryssel den 26.09.1995
                                  KOM(95)444 slutlig

                   Förslag till

               RÅDETS BESLUT
om Europeiska gemenskapens undertecknande av
              avtalet om skydd av
 afrikanska-eeroasiatiska flyttaade vattenfåglar

           (framlagt av kommissionen)
 ---pagebreak---  ---pagebreak---                                   Explanatory Memorandum

The Community is a Contracting Party to the Convention on the Conservation of Migratory
Species of Wild Animals (Bonn Convention - CMS)1 .

Article IV of the Bonn Convention provides for the conclusion of regional agreements which
for Appendix II species (those with an unfavourable conservation status) should be concluded
as soon as possible.

The vvaterbirds of the African-Eurasian flyways. which are Appendix II species, merit
immediate attention in order to improve their conservation status and to gather information as a
basis for sound management decisions.

Resolution 1.6 of the first meeting of the Conference of the Parties to the Bonn Convention
called for the development of an Agreement for Western Palaeartic Anatidae. From 1988 to
1991, a draft Agreement, including an Action Plan for Anatidae and a management Plan was
elaborated by the Government of the Netherlands, acting in agreement with the Community, in
collaboration with the Convention Secretariat, IUCN, a Working Group of the CMS Scientific
Council and the International Waterfowl and Wetland Research Bureau (rWRB).This was
followed by an initiative from the Convention Secretariat which resulted in a new draft
agreement with a larger scope including other species of migratory waterbirds.

An informal negotiating meeting took place in Nairobi from 12-14 June 1994 after the fourth
meeting of the Conference of the Parties to the Bonn Convention which was held in Nairobi
from 7 to 11 June 1994. The meeting was attended by representatives from the Commission.

A revised draft Agreement was prepared by the Convention Secretariat and submitted to the
negotiating meeting which took place in the Hague from 12-16 June 1995 as a basis for
negotiations. The Agreement was finally adopted by consensus by sixty three Range States and
by the European Community. The Agreement will be open for signature from 16 October 1995.

The Agreement aims at creating the legal framework for a concerted conservation policy of the
Range States of migratory waterbirds species and populations, individuals of which.migrate in
the Western Palaearctic and Africa, irrespective of their current conservation status.

The Agreement will cover:

- about 170 species;

- an area of 60 million square kilometers encompassing 1 16 Range States and covering the
entire continents of Africa and Europe as well as part of Asia.

  OJL210, 19.07.1982.p. 10.

                                         2.
 ---pagebreak--- The Agreement text includes three annexes:

- a map showing the geographical area covered by the Agreement,

- a list of families of migratory birds covered by the Agreement,

- an action plan

The Agreement requests in particular coordinated measures to achieve and maintain a
favourable conservation status for African-Eurasian Migratory Waterbirds. Article III of the
Agreement provides for the conservation measures to be taken. Annex III (the Action plan)
specifies actions which the Parties shall undertake in relation to priority species consistent with
the general conservation measures specified in Article HI of the Agreement.

The Agreement mainly refers to matters falling within Community competence which at the
internal level are regulated by Council Directives 79/409/EEC on the conservation of wild
birds2 and 92/43/EEC on the conservation of natural habitats and of wild fauna and flora3 .

Furthermore, the Community is a Party to the Bern Convention on the Conservation of
European Wildlife and Natural Habitats4 and of the Barcelona Convention for the Protection of
the Mediterranean Sea against Pollution5 and to its protocols, in particular to the Protocol on
Specially Protected Areas6 .

Accordingly, it is convenient that the Community signs the Agreement on the Conservation of
African-Eurasian Migratory Waterbirds, subject to future conclusion.

2
  OJL 103, 25.04.1979. p. 1.
3
  OJL 206, 22.07.1992, p.7.
4
  OJL 38. 10.02.1982. p.3.
5
  OJL 240, 19.09.1977, p.3.
6
  OJL 68, 10.03.1984, p.36.

                                             3
 ---pagebreak---                                     Förslag till ett rådsbeslut
                         om Europeiska gemenskapens undertecknande av
                                       avtalet om skydd av
                          afrikanska-euroasiatiska flyttande vattenfåglar

EUROPEISKA UNIONENS RÅD HAR BESLUTAT FÖLJANDE

med beaktande av Fördraget om upprättandet av Europeiska gemenskapen,

med beaktande av kommissionens förslag, och

med beaktande av följande:

Gemenskapen är avtalspart till konventionen om skydd av flyttande vilda djur
(Bonnkonventionen)1.

Enligt artikel IV i Bonnkonventionen kan regionala avtal ingås, vilket bör göras
snarast möjlit för arter som har en ogynnsam skyddsstatus (bilaga Il-arter).

Vattenfåglar på de afrikanska-euroasiatiska flyttningsvägarna, vilka är bilaga Il-arter,
behöver omedelbart uppmärksammas för att förbättra deras skyddsstatus och för att
samla information som skall ligga till grund för kloka förvaltningsbeslut.

Vid sitt första möte begärde parterna till Bonnkonventionen att ett avtal om skydd av
västpalearktiska Anatidae skulle utarbetas. Utkastet till avtalet har utvecklats
ytterligare och inbegriper nu andra arter av flyttande vattenfåglar.

Skyddet av flyttande vattenfåglar ingår huvudsakligen i gemenskapens
behörighetsområde med beaktande av rådets direktiv 79/409/EEG av den 2 april 1979
om bevarande av vilda fåglar2, senast ändrat genom direktiv 94/24/EG3, och

 EOT nr L 210, 19.7.1982,1. 10.
       2
         EGT nr L 103, 25.4.1979, s. 1.
       3
         EGT ar L IM, 30.6.1994, ». 9.
 ---pagebreak--- 92/43/EEG av den 21 maj 1992 om bevarande av livsmiljöer samt vilda djur och
växter4.

Kommissionen deltog på gemenskapens vägnar, och i enlighet med de
förhandlingsdirektiv som rådet gav den 7 juni 1995, i detförhandlingsmötesom hölls
12-16 juni 1995 i Haag. Vid detta möte antogs enhälligt avtalet om skydd av
afrikanska-euroasiatiska flyttande vattenfåglar, nedan kallat "avtalet".

Avtalet kan undertecknas från och med den 16 oktober 1995.

Om avtalet ingås bör gemenskapen underteckna det.

    3
        EGT nr L 206, 22.7 1992, s. 7.

                                         S
 ---pagebreak--- HÄRIGENOM FÖRESKRIVS FÖLJANDE.

                                    Enda artikel

Rådets ordförande bemyndigas att utse den eller de personer som har befogenhet att
på gemenskapens vägnar, och under förutsättning att avtalet ingås, underteckna
avtalet om skydd av afrikanska-euroasiatiska flyttande vattenfåglar samt att tilldela
den eller dessa personer de befogenheter som behövs i detta syfte.

                                                                   Utfärdat i Bryssel

                                                                    På rådets vägnar

                                                                         Ordförande

                                            G
 ---pagebreak---        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
migratoTy species;
                                                                                     c
     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;

                                  Y
 ---pagebreak---      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, especiaHy as Waterfowl Habitat, 1 9 7 1 ;

     RECOGJMIZ1NG 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,

                                         z.
 ---pagebreak--- hereafter referred to as the "Agreement Area".

     2.    For the purpose of this Agreement:
     (a)   "Convention" means the Convention on the Conservation of Migratory
           Species of Wild Animals, 1979;
     (b) " "Convention Secretariat" means the body established under Article IX
           of the Convention;
     (c)   "Waterbirds" means those species of birds that are ecologically
           dependent on wetlands for at least part of their annual cycle, have a
           range which lies entirely or partly within the Agreement Area and are
           listed in Annex 2 to this Agreement;
     (d)   "Agreement secretariat" means the body established under Article VI,
           paragraph 7, subparagraph (b), of this Agreement;
     (e)   "Parties" means, unless the context otherwise indicates, Parties to this
           Agreement; and
     (f)   "Parties present and voting" means the Parties present and casting an
           affirmative or negative vote; those abstaining from voting shall not be
           counted amongst the Parties present and voting.

     In addition, the terms defined in Article I, subparagraphs 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,
paragraph 3, of the Convention.

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

                                        <5>
 ---pagebreak---                                      ARTICLE II
                               Fundamental Principles

     1.    Parties shall take co-ordinated 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 above, 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:
     (a)   accord the same strict protection for endangered migratory waterbird
           species in the Agreement Area as is provided for under Article III,
           paragraphs 4 and 5, of the Convention;
     (b)   ensure that any use of migratory waterbirds is based on an assessment
           of the best available knowledge of their ecology and is sustainable for
           the species as well as for the ecological systems that support them;
     (c)   identify sites and habitats for migratory waterbirds occurring within
           their   territory   and   encourage     the   protection,   management.

                                             CXJO
 ---pagebreak---       rehabilitation and restoration of these sites, in liaison with those bodies
      listed in Article IX. paragraphs (a) and (b) of this Agreement,
      concerned with habitat conservation;
(d)   coordinate their efforts to ensure that a network of suitable habitats
      is maintained or, where appropriate, re-established throughout the
      entire range of each migratory waterbird species concerned, in
      particular where wetlands extend over the area of more than one Party
      to this Agreement;
(e)   investigate problems that are posed or are likely to be posed by human
      activities and endeavour to implement remedial measures, including
      habitat rehabilitation and restoration, and compensatory measures for
      loss of habitat;
(f)   cooperate in emergency situations requiring international concerted
      action and in identifying the species of migratory waterbirds which are
      the most vulnerable to these situations as well as cooperate in
      developing appropriate emergency procedures to provide increased
      protection to these species in such situations and in the preparation of
      _guidelines to assist individual Parties in tackling these situations;
(g)   prohibit the deliberate introduction of non-native waterbird species into
      the environment and take all appropriate measures to prevent the
      unintentional release of such species if this introduction or release
      would prejudice the conservation status of wild flora and fauna; when
      non-native waterbird species have already been introduced, the Parties
      shall take all appropriate measures to prevent these species from
      becoming a potential threat to indigenous species;
(h)   initiate or support research into the biology and ecology of migratory
      waterbirds including the harmonization of research and monitoring
      methods and, where appropriate, the establishment of joint or
      cooperative research and monitoring programmes;

                                        A\
 ---pagebreak---      (i)    analyze their training requirements for, inter alia, migratory, waterbird
            surveys, monitoring, ringing and wetland management to identify priority
            topics and areas for training and cooperate in the development and
            provision of appropriate training programmes;
     (j)    develop and maintain programmes to raise awareness and understanding
            of migratory waterbird conservation issues in general and of the particular
            objectives and provisions of this Agreement;
     (k)    exchange information and results from research, monitoring, conservation
            and education programmes; and
     (I)    cooperate with a view to assisting each other to implement this
            Agreement, particularly in the areas of research and monitoring.

                                    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:
     (a)    species conservation;
      (b)   habitat conservation;
     (c)    management of human activities;
      (d)   research and monitoring;
      (e)   education and information; and
      (f)   implementation.

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

                                       ^t
 ---pagebreak---         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:
        (a)   designate the Authority or Authorities to implement this Agreement -
 . **         which shall, inter alia, monitor ail activities that may have impact on
              the conservation status of those migratory waterbird species of which
              the Party is a Range State;
        (b)   designate a contact point for the other Parties, and communicate
              without delay its name and address to the Agreement secretariat to be
              circulated forthwith to the other Parties; and
        (c)   prepare for each ordinary session of the Meeting of the Parties,
              beginning with the second session, a report on its implementation of
              the Agreement with particular reference to the conservation measures
              it has undertaken. The format of such reports shall be determined by
              the first session of the Meeting of the Parties and reviewed as may be
              necessary at any subsequent session of the Meeting of the Parties.
              Each report shall be submitted to the Agreement secretariat not less
              than one hundred and twenty days before the ordinary session of the
              Meeting of the Parties for which it has been prepared, and copies shall
              be circulated forthwith to the other Parties by the Agreement
              secretariat.

                                            ^2>
 ---pagebreak---      2.    (a)   Each Party shall contribute to the budget of the Agreement in
           accordance with the United Nations scale of assessment. The
           contributions shall be restricted to a maximum of 25 per cent of the
           total budget for any Party that is a Range State. No regional economic
           integration organization shall.be required to contribute more than 2.5
           per cent of the administrative costs.
     (b)   Decisions relating to the budget and any changes to the scale of
           assessment that may be found necessary shall be adopted by the
           Meeting of the Parties by consensus.

     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,

                                         JH
 ---pagebreak--- ordinary sessions of the Meeting of the Parties at intervals of not more than three   i
                                                                                      j

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.                                          -                               j

     4.   The United Nations, its Specialized Agencies, the International Atomic      j
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              | j
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 organizations which are Parties to this Agreement
shall, in matters within their competence, exercise their right to vote with a
                                                            i
number of votes equal to the number of their Member States which are Parties
to the Agreement. A regional economic intégration organization 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.

                                         AC
 ---pagebreak--- ... . •         X.

          7.         At its first session, the Meeting of the Parties shall:
          (a)        adopt its rules of procedure by consensus;
          (b)        establish an Agreement secretariat within the Convention Secretariat        |
                                                                                                 i
                     to perform the secretariat functions listed in Article VIII of this         j
                     Agreement;
          (c)        establish the Technical Committee provided for in Article VII of this
                     Agreement;
          (d)        adopt a format for the reports to be prepared according to Article V,.
                     paragraph 1, subparagraph (c), of this Agreement; and
          (e)        adopt criteria to define emergency situations which require urgent
                     conservation measures, and determine the modalities for assigning
                     responsibility for action to be taken.

          8.         At each af its ordinary sessions, the Meeting of the Parties shall:
          (a)        consider actual and potential changes in the conservation status of
                     migratory waterbirds and the habitats important for their survival, as
                     well as the factors which may affect them;
          (b)        review the progress made and any difficulty encountered in the -
                     implementation of this Agreement;
          (c)        adopt a budget and consider any matters relating to the financial
                     arrangements for this Agreement;
          (d)        deal with any matter relating to the Agreement secretariat and the
                     membership of the Technical Committee;
          (e)        adopt a report for communication to the Parties to this Agreement and
                     to the Conference of the Parties of the Convention; and
          (f)        determine the time and venue of the next session.

          9.         At any of its sessions, the Meeting of the Parties may:
          (a)        make recommendations to the Parties as it deems necessary or appropriate;

                                                     A6
 ---pagebreak---      (b)   adopt specific actions to improve the effectiveness of this Agreement
           and, as the case may be. emergency measures as provided for in
           Article VII, paragraph 4, of this Agreement;
     (c)   consider and decide upon proposals to amend this Agreement;
     (d)   amend the Action Plan in accordance with Article IV, paragraph 3, of
           this Agreement;
     (e)   establish such subsidiary bodies as it deems necessary to assist in the
           implementation of this Agreement, in particular for coordination with
           bodies established under other international treaties, conventions and
           agreements with overlapping geographic and taxonomic coverage; and
     (f)   decide on any other matter relating to the implementation of this
                                                                                     i
           Agreement.
                                                                                         i
                                                                                         !
                                                                                         i
                                                                                         i

                                 ARTICLE VII
                                                                                         i
                                                                                         i
                             Technical Committee

     1.    The Technical Committee shall comprise:
     (a)   nine experts representing different regions of the Agreement Area, in
           accordance with a balanced geographical distribution;
     (b)   one representative from the International Union for Conservation of
           Nature and Natural Resources (IUCN), one from the International
           Waterfowl and Wetlands Research Bureau (IWRB) and one from the
           International Council for Game and Wildlife Conservation (CIC); and
     (c)   one expert from each of the following fields: rural economics, game
           management, and environmental law.

     The procedure for the appointment of the experts, the term of their
appointment and the procedure for designation of the Chairman of the Technical

                                        Af
 ---pagebreak--- Committee shall be determined by the Meeting of the Parties. The Chairman may         , i
admit a maximum of four observers from specialized international inter-
governmental and non-governmental organizations.

     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:
     (a)   provide scientific and technical advice and information to the Meeting
           of the Parties and, through the Agreement secretariat, to Parties;
     (b)   make recommendations to the Meeting of the Parties concerning the
           Action Plan, implementation of the Agreement and further research to
           be carried out;
     (c)   prepare for each ordinary session of the Meeting of the Parties a report
           on its activities, which shall be submitted to the Agreement secretariat
           not less than one hundred and twenty days before the session of the
           Meeting of the Parties, and copies shall be circulated forthwith by the
           Agreement secretariat to the Parties; and
     (d)   carry out any other tasks referred to it by the Meeting of the Parties.

     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

                                         AÏ
 ---pagebreak--- 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
                                                                                      .-i
be necessary to deal with specific tasks.

                                   ARTICLE VIII
                              Agreement Secretariat

     The functions of the Agreement secretariat shall be:
     (a)    to arrange and service the sessions of the Meeting of the Parties as
            well as the meetings of the Technical Committee;
     (b)    to execute the decisions addressed to it by the Meeting of the Parties;
     (c)    to promote and coordinate activities under the Agreement, including
            the Action Plan, in accordance with decisions of the Meeting of the
            Parties;
     (d)    to liaise with non-Party Range States and to facilitate coordination
            between the Parties and with international and national organizations,
            the activities of which are directly or indirectly relevant to the
            conservation, including protection and management, of migratory
            waterbirds;

     (e)    to gather and evaluate information which will further the objectives
            and implementation of the Agreement and to arrange for appropriate
            dissemination of such information;
     (f)    to invite the attention of the Meeting of the Parties to matters
            pertaining to the objectives of this Agreement;

                                        M
 ---pagebreak--- (g)   to circulate copies of the reports of the Authorities referred to in
      Article V, paragraph 1, subparagraph (a), of this Agreement and of the
      Technical Committee, along with copies of the reports it must provide
      pursuant to paragraph (h) of this Article, to each Party not less than
      sixty days before the commencement of each ordinary session of the
      Meeting of the Parties;
(h)   to prepare, on an annual basis and for each ordinary session of the
      Meeting of the Parties, reports on the work of the secretariat and on
      the implementation of the Agreement;
(i)   to administer the budget for the Agreement and, if established, its
      conservation fund;
(j)   to provide information for the general public concerning the Agreement
      and its objectives; and
(k)   to perform such other functions as may be entrusted to it under the
      Agreement or by the Meeting of the Parties.

                                ARTICLE IX
           Relations'with International Bodies dealing with
                Migratory Waterbirds and their Habitats

The Agreement secretariat shall consult:
(a)   on a regular basis, the Convention Secretariat and, where appropriate,
      the bodies responsible for the secretariat functions under Agreements
      concluded pursuant to Article IV, paragraphs 3 and 4„ of the
      Convention which are relevant to migratory waterbirds, the Convention
      on Wetlands of International Importance, especially as Waterfowl
      Habitat, 1 9 7 1 , the Convention on International Trade in Endangered
      Species of Wild Fauna and Flora, 1 9 7 3 , the African Convention on the
      Conservation of Nature and Natural Resources, 1 9 6 8 , the Convention

                                     lo
 ---pagebreak---            on the Conservation of European Wildlife and Natural Habitats. 1 9 7 9 .
           and the Convention on Biological Diversity, 1 9 9 2 , with a view to the
           Meeting    of the Parties cooperating with      the Parties to these
           conventions on all matters of common interest and, in particular, in the
           development and implementation of the Action Plan;
     (b)   the secretariats of other pertinent conventions and international
           instruments in respect of matters of common interest; and
     (c)   other organizations competent irrthe field of conservation, including
           protection and management, of migratory waterbirds and their
           habitats, as well as in the fields of research, education and awareness
           raising.

                                   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 one hundred and fifty
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 sixty 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.

                                             «£<*
 ---pagebreak---      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
thirtieth 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 thirtieth 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 ninetieth 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 thirtieth day after the date of withdrawal of the
reservation.

                                           Jti
 ---pagebreak---                                                                                            I
                                                                                           I
                                                                                           i

                                    ARTICLE XI
                    Effect of this Agreement on International                          •
                           Conventions and Legislation                                 j {

     1.    The provisions of this Agreement do not affect the rights and
obligations of any Party deTiving 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

                                               &>
 ---pagebreak--- regional economic integration organization, at least one member of which is a
Range State, either by:
     (a)   signature without reservation in respect of ratification, acceptance or .   . j
           approval; or
     (b)   signature with reservation in respect of ratification, acceptance or
           approval, followed by ratification, acceptance or approval.

     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 organization mentioned in paragraph 1 above 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
-nonth after at least fourteen Range States or regional economic integration
organizations, 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 organization
which has:

                                            ?<i
 ---pagebreak---       (a)   signed without reservation in respect of ratification, acceptance, or
            approval;
      (b)   ratified, accepted, or approved; or
      (c)   acceded to
            this Agreement after the date on which the number of Range States
            and regional economic integration organizations necessary to enable
            entry into force have signed it without reservation or have ratified,
            accepted or approved it, this Agreement shall enter into force on the
            first   day of   the third month following     the signature     without
            reservation, or deposit, by that State or organization, of its instrument
            of ratification, acceptance, approval or accession.

                                    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 organization 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 organization which had entered it, by notification
in writing to the Depositary; such a State or organization shall not be bound by
the provisions which are the object of the reservation until thirty days after the
date on which the reservation has been withdrawn.

                                               Jrr
 ---pagebreak---                                    ARTICLE XVI
                                   Denunciation

     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.

                                  ARTICLE XVII
                                    Depositary

     1.    The original of this Agreement, in the Arabic, English, French and
°ussian languages, each version being equally authentic, shall be deposited with
ine 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 organizations referred to in Article XIII,
paragraph 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
organizations that have signed or acceded to the Agreement, and the Agreement
secretariat, of:
     (a)   any signature;
     (b)   any deposit of instruments of ratification, acceptance, approval or
           accession;

                                           #6
 ---pagebreak---      (c)   the date of entry irrto force of this Agreement and of any additional
           annex as well as of any amendment to the Agreement or to its
           annexes;
     (d)   any reservation with respect to an additional annex of to an
           amendment to an annex;
     (e)   any notification of withdrawal of a reservation; and
     (f)   any notification of denunciation of the Agreement.

     The Depositary shall transmit to all States and regional economic integration
organizations 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 authorized to that effect,
have signed this Agreement.

     Done at The Hague this sixteenth day of June 1995.

                                    *V
 ---pagebreak---                                      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 southeast
through Viscount Melville Sound, Prince Regent Inlet, the Gulf of Boothia,-Foxe
Basin, Foxe Channel and Hudson Strait to a point in the northwest Atlantic at
60°N. 60°W; thence southeast through the northwest Atlantic to a point at 50*N,
30°W; thence south along the 30*W line of longitude to 10°N; thence southeast
"5 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-northeast 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.

                                            *                                          !
 ---pagebreak---               Anoex la: Map of the Agreement Area

ISO4   160»    170*   180*   170*    160*         ISO*
                                                                                        140*

                                                                                        130»

                                                                                       3120*

                                                                                        110»

                                                                                        100*

                                            20»          30*   40»   50*   60*   70*

                                    £<$
 ---pagebreak---                                  Annex 2

             Waterbird Species to which this Agreement Applies

GAVIIDAE

Gavia stellata                        Red-throated Diver
Gavia arctica                         Black-throated Diver
Gavia immer                           Great Northern Diver
Gavia adamsii                         White-billed Diver

PODICIPEDIDAE

Podiceps grisegena                    Red-necked Grebe
 jdiceps auritus                      Slavonian Grebe

PELECANIDAE

Pelecanus onocrotafus                 Great White Pelican
Pelecanus crispus                     Dalmatian Pelican

PHALACROCORACIDAE

Phalacrocorax pygmaeus                Pygmy Cormorant
Phalacrocorax nigrogularis            Socotra Cormorant

ARDEIDAE

Egretta vinaceigula                   Slaty Egret
Ardea purpurea                        Purple Heron
 Zasmerodius a/bus                    Great Egret
Ardeola idae                          Madagascar Pond-Heron
Ardeola rufiventris                   Rufous-bellied Heron
Ixobrychus minutus                    Little Bittern
Ixobrychus sturmii                    Dwarf Bittern
Botaurus stellaris                    Great Bittern

CICON1IDAE

Mycteria ibis                         Yellow-billed Stork
Ciconia nigra                         Black Stork
Ciconia episcopus                     Woolly-necked Stork
Ciconia ciconia                       White Stork

                                      "SO
 ---pagebreak--- THRESKIORNITHIDAE

Plegadis falcinellus             Glossy Ibis
Geronticus eremit a              Waldrapp
Thresktornis aethiopicus         Sacred Ibis
Plata le a leucorodia            Eurasian Spoonbill
Plata lea alba                   African Spoonbill

PHOENICOPTERIDAE

Phoenicopterus ruber             Greater Flamingo
Phoenicopterus minor             Lesser Flamingo

ANATIDAE

Dendrocygna bicolor              Fulvous Whistling-Duck
Dendrocygna vidua ta             White-faced Whistling-Duck
Thalassornis leuconotus          White-backed Duck
Oxyura leucocephala              White-headed Duck
Cygnus olor                      Mute Swan
Cygnus cygnus                    Whooper Swan
Cygnus columbianus               Bewick's Swan
Anser brachyrhynchus             Pink-footed Goose
Anser fabalis                    Bean Goose
Anser albifrons                  Greater White-fronted Goose
Anser erythropus                 Lesser White-fronted Goose
Anser anser                      Greylag Goose
Branta Ieu cop si s              Barnacle Goose
Branta bernicla                  Brent Goose
Bran t a ruficol/is              Red-breasted Goose
Alopochen aegyptiacus            Egyptian Goose
Tadorna ferruginea               Ruddy Shelduck
Tadorna cana                     South African Shelduck
Tadorna tadorna                  Common Shelduck
Plectropterus gambensis          Spur-winged Goose
Sarkidiornis melanotos           Comb Duck
Nettapus auritus                 African Pygmy-goose
Anas penelope                    Eurasian Wigeon
Anas strepera                    Gadwall
Anas crecca                      Common Teal
Anas capensis                    Cape Teal
Anas p/atyrhynchos               Mallard
Anas undu/ata                    Yellow-billed Duck

                           1>4
 ---pagebreak---                                                                      3><i

Anas acuta                              Northern Pintail
Anas erythrorhyncha                     Red-billed Duck
Anas ho t ten to ta                     Hottentot Teal
Anas querquedula                        Garganey
Anas clypeata                           Northern Shoveler
Marmaronetta angustirostris             Marbled Teal
Netta rufina                            Red-crested Pochard
Netta erythrophthalma                   Southern Pochard
Ay thy a ferine                         Common Pochard
Aythya nyroca                           Ferruginous Pochard
Ay thy a fuligu/a                       Tufted Duck
Aythya mar ila                          Greater Scaup
Somateria mo/lissima                    Common Eider
So materia spectabilis                  King Eider
Polysticta stelleri                     Steller's Eider
Clangula hyemalis                       Long-tailed Duck
Melanitta nigra                         Common Scoter
Mefanitta fusca                         Velvet Scoter
Bucephala clangula                      Common Goldeneye
Mergellus albellus                      Smew
Mergus serrator                         Red-breasted Merganser
Mergus merganser                        Goosander

GRUIDAE

Grus leucogeranus                       Siberian Crane
Grus virgo                              Demoiselle Crane
Grus paradisea                          Blue Crane
Grus caruncu/atus                       Wattled Crane
Grus grus                               Common Crane

RALLIDAE

Sarothrura boehmi                       Streaky-breasted Flufftail
Porzana pan/a                           Little Crake
Porzana pusi/la                         Baillon's Crake
Porzana porzana                         Spotted Crake
Aenigmatolimnas marginalis              Striped Crake
Fulica atra (Black Sea/Mediterranean)   Common Coot

DROMADIDAE

Drömas ardeola                          Crab Plover

                                        3>L
 ---pagebreak--- RECURVIROSTRIDAE

Himaritopus himantopus           Black-winged Stilt
Recurvirostra avosetta           Pied Avocet

GLAREOLIDAE

Glareota pratincole              Collared Pratincole
Glareola nordmanni               Black-winged Pratincole

CHARADRHDAE

Pluviatis apricaria              Eurasian Golden Plover
Pluviajis squatarola             Grey Plover
Charadrius hiaticu/a             Common Ringed Plover
Charadrius dubius                Little Ringed Plover
Charadrius pecuarius             Kittlitz's Plover
Charadrius tricollaris           Three-banded Plover
Charadrius forbesi               Forbes' Plover
Charadrius pallidus              Chestnut-banded Plover
Charadrius alexandrinus          Kentish Plover
Charadrius marginatus            White-fronted Plover
Charadrius mongo/us              Mongolian Plover
Charadrius leschenauftii         Greater Sandplover
Charadrius asiaticus             Caspian Plover
Eudromias morinellus             Eurasian Dotterel
Vanel/us vanellus                Northern Lapwing
Vanelfus spinosus                Spur-winged Plover
Vanellus a/biceps                White-headed Lapwing
Vanellus senegallus              Senegal Lapwing
Vanellus lugubris                Wattled Lapwing
Vanellus melanopterus            Black-winged Lapwing
Vanellus coronatus               Crowned Lapwing
Vanellus superciliosus           Brown-chested Lapwing
                                                           v..
Vanellus gregarius               Sociable Plover
Vanellus leucurus                White-tailed Plover

SCOLOPACIDAE

Gallinago media                  Great Snipe
Gallin ago gallinago             Common Snipe
Lymnocryptes minimus             Jack Snipe
Limosa fimosa                    Black-tailed Godwit
Limosa lapponica                 Bar-tailed Godwit

                           3*>
 ---pagebreak---                                                    L,A

Numenius phaeopus        Whimbrel
Numenius tenuirostris    Slender-billed Curlew
Numenius arquata         Eurasian Curlew
Tringa erythropus        Spotted Redshank
Tringa totanus           Common Redshank
Tringa stagna tilt's     Marsh Sandpiper -
Tringa nebularia         Common Greenshank
Tringa ochropus          Green Sandpiper
Tringa glareola          Wood Sandpiper
Tringa cinerea           Terek Sandpiper
Tringa hypoleucos        Common Sandpiper
Arenaria interpres       Ruddy Turnstone
Calidris tenuirostris    Great Knot
Calidris canutus         Red Knot
Calidris alba            Sanderling
Calidris minuta          Little Stint
Calidris temminckii      Temminck's Stint
Calidris maritima        Purple Sandpiper
Calidris alpina          Dunlin
Calidris ferruginea      Curlew Sandpiper
Limicola fa/cine//us     Broad-billed Sandpiper
Phi/omachus pugnax       Ruff
Phalaropus lobatus       Red-necked Phalarope
Phalaropus fulicaria     Grey Phalarope

LARIDAE

Larus leucopthalmus      White-eyed Gull
Larus hemprichii         Sooty Gull
Larus audouinii          Audouin's Gull
Larus armenicus          Armenian Gull
Larus ichthyaetus        Great Black-headed Gull
Larus genei              Slender-billed Gull
Larus melanocephalus     Mediterranean Gull
Sterna nilotica          Gull-billed Tern
Sterna caspia            Caspian Tern
Sterna maxima            Royal Tern
Sterna bengalensis       Lesser Crested Tern
Sterna bergii            Great Crested Tern
Sterna sandvicensis      Sandwich Tern
Sterna dougallii         Roseate Tern
Sterna hirundo           Common Tern
Sterna paradisaea        Arctic Tern
Sterna afbifrons         Little Tern

                        39
 ---pagebreak--- Sterna saundersi         Saunders' Tern
Sterna balaenarum        Damara Tern
Sterna repressa          White-cheeked Tern
Chlidonias leucopterus   White-winged Tern
Chlidonias niger         Black Tern

                           ir
 ---pagebreak---                                               Annex 3

                                          ACTION PLAN

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, paragraph 2(a), of this
        Agreement Such Parties shall in particular and subject to paragraph 2.1.3 below:

        (a)   prohibit the taking of birds and eggs of those populations occurring in their
              territory;

        (b)   prohibit deliberate disturbance in so far as such disturbance would be
              significant for the conservation of the population concerned; and

        (c)   prohibit the possession or utilization of, and trade in, birds or eggs of those
              populations which have been taken in contravention of the prohibitions laid
              down pursuant to subparagraph (a) above, as well as the possession or
              utilization of, and trade in, any readily recognizable parts or derivatives of such
              birds and their eggs.

        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 below, shall in particular.

        (a)   prohibit the taking of birds belonging to the populations concerned during their
              various stages of reproduction and rearing and during their return to their

                                              36
 ---pagebreak---               breeding grounds if the taking has an unfavourable impact on the conservation
              status of the population concerned;

        (b)   regulate the modes of taking;

        (c)   establish limits on taking, where appropriate, and provide adequate controls
              to ensure that these limits are observed; and

        (d)   prohibit the possession or utilization of, and trade in, birds and eggs of the
          .   populations which have been taken in contravention of any prohibition laid
              down pursuant to the provisions of this paragraph, as well as the possession
              or utilization of, and trade in, any parts of such birds and their.eggs.

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, paragraph 5, of the Convention,
        where there is no other satisfactory solution, for the following purposes:

        (a)   to prevent serious damage to crops, water and fisheries;

        (b)   in the interests of air safety or other overriding public interests;

        (c)   for the purpose of research and education, of re-establishment and for the
              breeding necessary for these purposes;

        (d)   to permit under strictly supervised conditions, on a selective basis and to a
              limited extent, the taking and.keeping or other judicious use of certain birds in
              small numbers; and

        (e)   for the purpose of enhancing the propagation or survival of the populations
              concerned.

        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, harmonization 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

                                       ^
 ---pagebreak---                                                                                                     '/-

        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 programmes 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 organizations, 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

                                             ^
 ---pagebreak---         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:

        (a)   ensure, where practicable, that adequate statutory controls are in place,
              relating to the use of agricultural chemicals, pest control procedures and the
              disposal of waste water, which are in accordance with international norms, for"
              the purpose of minimizing their adverse impacts on the populations listed in
              Table 1; and

        (b)   prepare and distribute information materials, in the appropriate languages,
              describing such regulations, standards and control measures in force and their
              benefits to people and wildlife.

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.

                                              1><5
 ---pagebreak---  4.1.3    Parties shall cooperate with a view to developing a reliable and harmonized 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 organizations 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 alt 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 T.
          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,
          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 minimize
          damage, or to mitigate the effects of damage, in particular to crops, caused by
          populations listed in Table 1, drawing on the experience gained elsewhere in the
          world.

                                             (/O
 ---pagebreak---                                                                                                  i*7

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. The Agreement
        secretariat shall coordinate the development and harmonization of such plans.

4.3.5   Parties shall, as far as possible, promote high environmental standards in the
        planning and construction of structures to minimize their impact on populations listed
        in Table 1. They should consider steps to minimize 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. 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 organizations,
        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 utilization
        to the local and national economy.

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

                                         4"
 ---pagebreak--- 15- D9 _95.FRI_IUJ.46 FAl -49 228 9543ÔUU       Ua%p   cms   d

     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 endsavour 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, paragraph 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:

              (a)   single species action plans;
              (b)   emergency measures;
              (c)   preparation of site inventories and habitat management methods;
              (d)   hunting practices;
              (e)   trade in waterbirds;
              (f)   tourism;
              (g)   reducing crop damage; and
              (h)   a waterbird monitoring protocol.

      7.4     The Agreement secretariat, in coordination with the Technical Committee and the
              Parties, shall prepare a series o f international reviews necessary for the

                                                Ht
 ---pagebreak---       implementation o1' this Action Plan, including:

      (a)  reports on the status and trends of populations;
      (b)  gaps in information from surveys;
      (c)  the networks of sites used by each population, including reviews of the
           protection siatus of each site as well as of the management measures taken
           in each case;
      (d) pertinent hunting and trade legislation in each country relating to the species
         " listed in Annex 2 to this Agreement;
      (e) the stage of preparation and implementation of single species action plans;
      (f) re-establishment projects; and
      (g) the status of introduced non-native waterbird species and hybrids thereof.

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.

                               Mi
 ---pagebreak---                                          Table 1

           STATUS OF THE POPULATIONS OF MIGRATORY WATERBIRDS

KEY TO CLASSIFICATION

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

Column A

Category 1:     (a) Species which are included in Appendix I to the Convention;
                (b) Species which are listed as threatened in the 1994 IUCN Red List of
                    Threatened Animals (Groombridge 1993); or
                (c) Populations which number less than around 10,000 individuals.

Category 2:     Populations numbering between around 10,000 and around 25,000
individuals.

Category 3:     Populations numbering between around 25,000 and around 100,000
                individuals and considered to be at risk as a result of:

                (a) concentration onto a small number of sites at any stage of their annual
                    cycle;
                (b) dependence on a habitat type which is under severe threat;
                (c) showing significant long-term decline; or
                (d) showng extreme fluctuations in population size or trend.

For species listed in Categories 2 and 3, above, see paragraph 2.1.1 of this Annex.

Column B

Category 1:     Populations numbering between around 25,000 and around 100,000
                individuals and which do not fulfil the conditions in respect of Column A, as
                described above.

Category 2:     Populations numbering more than around 100,000 individuals and
                considered to be in need of special attention as a result of:

                (a) concentration onto a small number of sites at any stage of their annual
                    cycle;
                (b) dependence on a habitat type which is under severe threat;
                (c) showing significant long-term decline; or
                (d) showing large fluctuations in population size or trend.

                                          M4
 ---pagebreak--- Column C
Category 1:      Populations numbering more than around 100,000 individuals which could
                 significantly benefit from international cooperation and which do not fulfil the
                 conditions in respect of either Column A or B, above.

REVIEW OF JABLE 1

This Table shall be:

(a)   reviewed regularly by the Technical Committee in accordance with Article VII.
      paragraph 3(b), of this Agreement; and

(b)   amended as necessary by the Meeting of the Parties, in accordance with Article VI,
      paragraph 9(d) of this Agreement, in light of the conclusions of such reviews.

KEY TO ABBREVIATIONS AND SYMBOLS
bre: breeding
win: wintering
N:   Northern
E:   Eastern
S:   Southern
W: Western
NE: Northeastern
NW: Northwestern
SE: Southeastern
SW: Southwestern
1
 :    Population status unknown. Conservation status estimated.

•:    See "paragraph 2.1.1

NOTES

1.    The population data used to compile Table 1 as far as possible corresponds to the
      number of individuals in the potential breeding stock in the Agreement Area. The
      status is based on the best available published population estimates.

2.    Suffixes (bre) or (win) in population listings are solely aids to population identification.
      They do not indicate seasonal restrictions to actions in respect of these populations
      under this Agreement and Action Plan.

                                   HÏ
 ---pagebreak---                                                        B

Mycteria ibis

Entif» population

Ciconia nigra

W Africa/W Europe                                 lc

Central/E Europe (bre)

Ciconia cp'ucopus

Tropical Africa. (C. c. raicroscelis)

Ciconia ciconia

$ Africa (C. c. ciconia)                          lc

NW Afiica/W Europe (bre) (C. c. nicoaia)          3b

Central/E Europe (bre) (C. c. ciconia)                 2c

W Asia (bre) (C. c. ciconia)                      3b

Hegadis /oJeineUus

Subiaharaa Africa (P. f. faleiaellut)

W Africa/Europe (P. f. falcinellut)

E Afriea/SW Asia (P. f. faldaclluO

Gaoniicus eremkn

Morocco                                           la

SWAtia                                            la

Tkreskiorna aathiopicus

Subiaharaa Aftica (T. a. acthiopicui)

Iraq/Inn (T. a. acthiopicus)                      lc

piataUa leucorodia

£ Atlantic (P. 1. leucorodia)                     lc

Central/SE Europe (bre) (P. I. leucorodia)

Red Sea (P. 1. areberi)                           lc

SW/S Asia (win) (P. 1. major)

Pttttrtf alba

Entire population

Dendrocygna bicolor

A&ica

Dendrocygna viduata

Africa

                                             ^6
 ---pagebreak--- Thaiaxsomàt Uuconottu

E/S Africa (T. 1. leuconoui»)

W Africa ÇT. 1- leucoaotm)                    le

Oxymra Icueoctpkala

W Mediterranean                               la

E Meditcrraoean/W As»

Cygnus olor

NW Europe                                           2d

Black Sea (win)

Caspian Sea (win)                                  2a&2d

Cygiua cygnus

Iceland (bra)

NW Europe (win)

Black Sea (win)

W Asia (win)                                 2'
                                                           «saneamai
Cygnus eoUunbianiåS

Europe (win) (C. c. bewjeku)

Caspian Sea (win) ( C c. bewjekii)            lc

Anser brochyrhynchus

Icclaad (bre)

Svalbard (bre)

Anser /abolis

W Taiga (bre) (A. f. fabalis)

W Tundra (bre) (A. f roisicus)

Anser albifrons

KW Europe (win) (A. a. albifroas)

Central Europe (wb) (A. a. aibifront)               2c

Black Sea (win) (A. a. albifroas)

Caspian Sea (win) (A. I. albifrctis)

Greenland (bre) (A. a. flavirostrii)         3a

Anser erythropus

Black Sea/Caspian Sea (win)                   lb

A nscr anser
Iceland (bre) (A. a. anser)

                                        ^v
 ---pagebreak--- N Europe/W Mediterranean (A. a. aaser)

Central Europe/N Africa (A. a. anscr)

Black Sea (win) (A. a. ansar)

W Siberia/Caspian Sea (A. a. anatr)

Branta leucopsis

Greenland (bre)

Svalbard (bre)

Russia (bre)

Bnnta bemicla

Siberia (bre) (B. b. bemicla)

Svelbard (bre) (B- b. hrou)                   lc

Ireland (wjp) (B. b. hrou)

Branta ruficoUii

Entire population                             lb

AlopQchen aegyptiaau

Entire population

Tadorna femtginea

W Mediterranean                               lc

E Mediterranean/Black Sea

SW Aaia

Tadorna eana

Enure population

Tadorna tadorna

NW Europe                                          2a

W Mediterranean

Black Sea

Caspian Sea

Piectropterus gombens is

W Africa (P. g. gtmbensis)

S Africa (P. g. niger)

Sarkidiomis mebototos

Africa (S. m. mclaaotoi)

Ncuapus ambus

W Africa                                      ic

                                         ^S
 ---pagebreak--- Anm strtpcnt

NW Europe (win) (A. s. sttvpen)

Black Sea/Meditcrranean (win) (A s. strepen)

SW Asia (win) (A. s. «repéra}

Anas erecca

NW Europe (win) (A. c. erecca)

Black Sea/Meditcrranean (win) (A. c. erecca)

SW Asia (win) (A. c. erecca)                              2c

A nos capensis

Entire population

A nos platyrhynehos

NW Europe (win) (A. p. platyrby-nchos)

Black Sca/Meditcmaean (win)                               2c
(A. p. platyrhynehos)

SW Asia (win) (A. p. plaryrtynclios)
           Basa

     acuta
W Africa (win)

NW Europe (win)

Black Sca/Meditenmnean (win)                              2c

SW Atia/E Africa (win)

Anas erythrornyncho

S/E Africa
       -»~*-————=•=*•

Anas hottentota

W Africa                                            lc1
S/E Africa

Anas querqueduJa

W Africa (win)

                                               M4
 ---pagebreak--- E Africa/Asia (win)

Anas cfypmaia

NW Europe (win)

W Mediterranean (win)

Black Sea/Mediterranean (win)

SW Asia (win)

Marmaronetta angustuvstris

W Mediterranean                      lb

£ Mediterranean                      lb
SW Asia                              lb
Netta rufina

SW/Ceotral Europe

SE Europe                            3c

SW Asia

Aythya farina

NW Europe (win)                           2c
Black Sea/Mediterranean (win)             2c
SW Asia (win)                             2c'

Aythya nyroca

Africa (win)                         lc
Europe (win)                         3c

SW Asia                              lc

Aythya fuUgula

                                50
 ---pagebreak--- NE Europe

PotySÛcta steUeh

NE Europa (win)'

Clanguia hyemakt

Iceland/Greenland (bre)                                   2c

NW Europe (win)

Caspian Saa (win)                                    lc

Melankta nigra

NW Europe (win) (M. ft. nigra)                            2a

Melankta fuse*

NW Europe (win) (M- f fusee)                              2a

Black Sea/Caspian Sea (win) (M. f. fusca)            lc

Bucephala clanguia

NW Europe (win) (B c. clanguia)

Black Sea/Meditemnean (win) (B c. clanguia)

Caspian Sea (win) (B. c clan guls)

MergeUus atbeQus

NW Europe (win)                                      3a

Black Sea/Mediterranean (win)

SW Asia (win)

Mergus scrrutor

NW Europe (win) (M. s. senator)

Black Sea/Mediterranean (win) (M. s. senator)

SW Asia (win) (M. s. serrator)                       lc

Mergus merganser

NW Europe (win) (M. m. merganser)

Black Sea/Mediterranean (win)                        lc
(M. ra. merganser)

SW Asia (win) (M. m. mer^ansor)

                                                SA
 ---pagebreak---                                                                                                MA

                                     DECLARATIONS

                              DECLARATION OF BELGIUM

The Belgian delegation is particularly pleased with the fact that the representatives of the
Range States have successfully concluded their work and will thus be able to sign the
Final Act of the Negotiation Conference.

The Draft Agreement on the Conservation of African-Eurasian Migratory Waterbirds
covers questions for which the Regions are mostly, but not exclusively, competent under
the Belgian Constitution and Law. Insofar as they are competent, the Regions are able to
commit themselves on matters governed by international law. Furthermore, they are duly
represented within the Belgian delegation.

If the Agreement is signed by Belgium, the Belgian Government will ensure that the said
competence of the Regions to commit themselves on international matters is formalized in
the appropriate manner.

                             DECLARATION OF DENMARK

The Danish delegation wishes to draw attention to the fact that there still remain some
outstanding problems concerning a few species in Greenland and the Faroe Islands. The
Danish Government will try to solve these questions in collaboration with the Greenland
Home Rule and the Faroese Home Rule in order that no reservations or declarations
concerning single species will be necessary for the whole or parts of the territory of
Denmark at the time of the Danish ratification, acceptance or approval of the Agreement.
Our acceptance to adopt the text of the Agreement should be seen in this light.

                               DECLARATION OF FRANCE

France would like to remind the Meeting of its wish to integrate, in the light of the
knowledge available, population evolution trends which are an essential source of
information for determining the intensity of hunting that is compatible with the principle
of sustainable use. Such integration would be an enrichment of the content of the Action
Plan.

                           DECLARATION OF SWITZERLAND

Following the modification of the operative part of Table 1 of the Action Plan, which
introduces the additional possibility of continuing to take species that enjoy strict
protection in accordance with Article III, paragraph 2(a), of the Agreement, the Swiss
delegate made a statement to the following effect:

                                       it
 ---pagebreak--- This proposition reveals a certain lack of logic in the categorization of populations,
because it mixes protected species and species that may be hunted. In addition, the
provisions of the Agreement and of the Action Plan will be applied differently by Parties,
since the exceptional taking of these species shall only take place "where hunting is a
traditional cultural activity".

Consequently, this provision contravenes the desired harmonization of the provisions and
will make it harder to implement the Agreement

Finally, it is unfortunate that in a brand new Agreement it should be necessary to consider
exceptions to the general norms on top of the usual general waiver provisions that already
appear in the Agreement and the Convention.

The Swiss delegation nevertheless sides with the general feeling of the meeting and will
not oppose the acceptance of the proposed text in order not to jeopardize the chances of
success of the proposed Agreement.

(The Hague, 15 June 1995; Raymond Pierre Lebeau)

                            DECLARATION OF ZIMBABWE

Mr. Chairman, Dear Ministers, Excellencies, Distinguished Delegates, Ladies and
Gentlemen,

On behalf of the African Ministers for Environment and other heads of delegations from
Africa, I wish to take this opportunity to thank the Dutch Government for the warm
welcome accorded to the delegations since their arrival a few days ago. I also wish to
thank the host Government for the wonderful facilities that have been put at our disposal
during the conference to ensure its success.

Mr. Chairman, I also take this opportunity to thank the Secretariat of the Bonn Convention
and the officials of the Dutch Government who have put a lot of efforts in organising this
meeting from the beginning to its successful completion. This meeting, as we all know,
started from a humble beginning and is now reaching its maturity stage. The commitment
of the Range States from Africa to have this Agreement on the Conservation of African-
Eurasian Migratory Waterbirds concluded is well demonstrated by the high level
representation and large of number of delegates present during this meeting.

Mr. Chairman, the delegates present here have negotiated an agreement involving very
delicate species of our biological diversity, I say delicate species, because the migratory
waterbirds do change their habitats at given intervals and it is during these changes that
they face greatest dangers in their migratory patterns. This Agreement will enlighten the
international community and in particular the parties to this agreement, on issues related to
the protection, conservation and sustainable use of the migratory waterbirds.

Mr. Chairman, this agreement once it becomes operational, will require a number of things
to be done. One such thing is the collection of proper and representative data of the

                                      53
 ---pagebreak---                                                                                                Ac

migratory waterbirds from all the member states to this agreement. Mr. Chairman, it is
dear that such data is not readily available in Africa and it is my sincere hope that the
African countries will be assisted to cany out researches on migratory waterbirds in order
to update the existing data. Mr. Chairman, Africa is a home to various species of
waterbirds which have co-existed with different communities for centuries. These
communities deserve to be congratulated for their sustainable use of these waterbirds.

Mr. Chairman, since the conclusion of the Rio Summit in June 1992, a number of-
conventions have been signed to protect the. environment One such convention which is
related to mis agreement is the convention on biological diversity. I am happy to note that
mis agreement is being negotiated under the auspices of Bonn Convention which will co-
locate the secretariat of the agreement. Mr. Chairman, we are equally happy and grateful
to the Dutch Government for their offer to host the interim secretariat for three years and
to host the first Meeting of the Parties once the agreement comes into force.

Mr. Chairman, it is well known that Africa and other countries of the South provide over
80% of the biological diversity. It is therefore very important that the South is folly
involved in all matters related to biological diversity. Countries of the South are ready to
play their rightful role in such maners, as in this agreement. As I have indicated above
that the South provides 80% of all biological diversity. Mr. Chainnan, Africa will continue
to preserve, conserve and protect its biological diversity for the benefit of present and
future generations.

Mr. Chairman, once again allow me to profoundly thank the Dutch Government for all it
is doing in various fields of environment protection. Thank you.

(Presented to AEWA 16/06/95 at The Hague by Chen Chimuntengwende, MP and Minister
of Environment and Tourism of Zimbabwe)

         JOINT DECLARATION OF ETHIOPIA, NAMIBIA, SOUTH AFRICA,
            SUDAN, SWAZILAND, UNITED REPUBLIC OF TANZANIA,
                        ZAMBIA AND ZIMBABWE

Controlled hunting is regarded as potentially beneficial to the conservation of species and
sustainable human development in many rural areas in Africa. Hunting and other forms of
sustainable use provide revenue which is in turn re-invested in conservation of the
respective species and in rural development

The provisions of paragraphs 2.2.1. and 2.2.2. of the Action Plan are therefore not
interpreted as a prohibition of controlled hunting if there is no reason to suspect mat such
hunting would be detrimental to the conservation of any species.

                                           ^4
 ---pagebreak---                                                                     ISSN 1024-4506

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