| THE CONTRACTING PARTIES,
RECALLING that the Convention on
the Conservation of Migratory Species of Wild Animals,
1979, encourages international cooperative action
to conserve migratory species;
RECALLING further that the first
meeting of the Conference of the Parties to the Convention,
held in Bonn in October 1985, instructed the Secretariat
of the Convention to take appropriate measures to
develop an Agreement on Western Palearctic Anatidae;
CONSIDERING that migratory waterbirds
constitute an important part of the global biological
diversity which, in keeping with the spirit of the
Convention on Biological Diversity, 1992, and Agenda
21 should be conserved for the benefit of present
and future generations;
AWARE of the economic, social, cultural
and recreational benefits accruing from the taking
of certain species of migratory waterbirds and of
the environmental, ecological, genetic, scientific,
aesthetic, recreational, cultural, educational, social
and economic values of waterbirds in general;
CONVINCED that any taking of migratory
waterbirds must be conducted on a sustainable basis,
taking into account the conservation status of the
species concerned over their entire range as well
as their biological characteristics;
CONSCIOUS that migratory waterbirds
are particularly vulnerable because they migrate over
long distances and are dependent on networks of wetlands
that are
decreasing in extent and becoming degraded through
non-sustainable human activities, as is expressed
in the Convention on Wetlands of International Importance,
especially as Waterfowl Habitat, 1971;
RECOGNIZING the need to take immediate
action to stop the decline of migratory waterbird
species and their habitats in the geographic area
of the African-Eurasian waterbird migration systems;
CONVINCED that the conclusion of
a multilateral Agreement and its implementation through
coordinated or concerted action will contribute significantly
to the conservation of migratory waterbirds and their
habitats in the most efficient manner, and will have
ancillary benefits for many other species of animals
and plants; and
ACKNOWLEDGING that effective implementation
of such an Agreement will require assistance to be
provided to some Range States for research, training
and monitoring of migratory waterbird species and
their habitats, for the management of those habitats
as well as for the establishment or improvement of
scientific and administrative institutions for the
implementation of this Agreement,
HAVE AGREED AS FOLLOWS:
ARTICLE I
Scope, Definitions and Interpretation
1. The geographic scope of this Agreement is the
area of the migration systems of African-Eurasian
waterbirds, as defined in Annex 1 to this Agreement,
hereafter referred to as the "Agreement Area".
2. For the purpose of this Agreement:
(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. The annexes to this Agreement form an integral
part thereof. Any reference to the Agreement includes
a reference to its annexes.
ARTICLE II
Fundamental Principles
1. Parties shall take 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, 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;
(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
(l) 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.
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
all 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. (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, ordinary sessions
of the Meeting of the Parties at intervals of not
more than three years, unless the
Meeting of the Parties decides otherwise. Where it
is possible to do so, such sessions should be held
in conjunction with the ordinary meetings of the Conference
of the Parties to the Convention.
3. On the written request of at least one third of
the Parties, the Agreement secretariat shall convene
an extraordinary session of the Meeting of the Parties.
4. The United Nations, its Specialized Agencies,
the International Atomic Energy Agency, any State
not a Party to the Agreement, and the secretariats
of international conventions concerned inter alia
with the conservation, including protection and management,
of migratory waterbirds may be represented by observers
in sessions of the Meeting of the Parties. Any agency
or body technically qualified in such conservation
matters or in research on migratory waterbirds may
also be represented at sessions of the Meeting of
the Parties by observers, unless at least one third
of the Parties present object.
5. Only Parties have the right to vote. Each Party
shall have one vote, but regional economic integration
organizations which are Parties to this Agreement
shall, in matters within their competence, exercise
their right to vote with a number of votes equal to
the number of their Member States which are Parties
to the Agreement. A regional economic integration
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.
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 to perform the secretariat
functions listed in Article VIII of this 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 of 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;
(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 Agreement.
ARTICLE VII
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 Committee
shall be determined by the Meeting of the Parties.
The Chairman may 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 recommendation
has been adopted at such a meeting, the Parties concerned
shall inform each other and the Agreement secretariat
of measures they have taken to implement it, or of
the reasons why the recommendation could not be implemented.
5. The Technical Committee may establish such working
groups as may be necessary to deal with specific tasks.
ARTICLE VIII
Agreement Secretariat
The functions of the Agreement secretariat shall
be:
(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;
(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, 1971, the Convention
on International Trade in Endangered Species of Wild
Fauna and Flora, 1973, the African Convention on the
Conservation of Nature and Natural Resources, 1968,
the Convention on the Conservation of European Wildlife
and Natural Habitats, 1979, and the Convention on
Biological Diversity, 1992, 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 in the 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.
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.
ARTICLE XI
Effect of this Agreement on
International
Conventions and Legislation
1. The provisions of this Agreement do not affect
the rights and obligations of any Party deriving from
existing international treaties, conventions or agreements.
2. The provisions of this Agreement shall in no way
affect the right of any Party to maintain or adopt
stricter measures for the conservation of migratory
waterbirds and their habitats.
ARTICLE XII
Settlement of Disputes
1. Any dispute which may arise between two or more
Parties with respect to the interpretation or application
of the provisions of this Agreement shall be subject
to negotiation between the Parties involved in the
dispute.
2. If the dispute cannot be resolved in accordance
with paragraph 1 of this Article, the Parties may,
by mutual consent, submit the dispute to arbitration,
in particular that of the Permanent Court of Arbitration
at The Hague, and the Parties submitting the dispute
shall be bound by the arbitral decision.
ARTICLE XIII
Signature, Ratification, Acceptance,
Approval, Accession
1. This Agreement shall be open for signature by
any Range State, whether or not areas under its jurisdiction
lie within the Agreement Area, or regional economic
integration organization, at least one member of which
is a Range State, either by:
(a) signature without reservation in respect of ratification,
acceptance or approval; or
(b) signature with reservation in respect of ratification,
acceptance or approval, followed by ratification,
acceptance or approval.
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 month 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:
(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.
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 Russian languages, each version
being equally authentic, shall be deposited with the
Government of the Kingdom of the Netherlands which
shall be the Depositary. The Depositary shall transmit
certified copies of these versions to all States and
regional economic integration 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;
(c) the date of entry into 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 or 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.
Annex 1
Definition of the Agreement
Area
The boundary of the Agreement area is defined as
follows: from the North Pole south along the 130oW
line of longitude to 75oN; 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 60oN, 60oW; thence
southeast through the northwest Atlantic to a point
at 50oN, 30oW; thence south
along the 30oW line of longitude to 10oN;
thence southeast to the Equator at 20oW;
thence south along the 20oW line of longitude
to 40oS; thence east along the 40oS
line of latitude to 60oE; thence north
along the 60oE line of longitude to 35oN;
thence east-northeast on a great circle to a point
in the western Altai at 49oN, 87o27'E;
thence northeast on a great circle to the coast of
the Arctic Ocean at 130oE; thence north
along the 130oE line of longitude to the
North Pole.
For Annex II & III please refer
to the AEWA
website |
