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Art.1 |
Article I |
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Art.1.1x |
For the purpose of the present Convention, unless the context otherwise requires: |
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Art.1.1x.a |
(a) "Species" means any species, subspecies, or geographically separate population thereof; |
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Art.1.1x.b |
(b) "Specimen" means: |
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Art.1.1x.b.i |
(i) any animal or plant, whether alive or dead; |
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Art.1.1x.b.ii |
(ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and |
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Art.1.1x.b.iii |
(iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species; |
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Art.1.1x.c |
(c) "Trade" means export, re-export, import and introduction from the sea; |
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Art.1.1x.d |
(d) "Re-export" means export of any specimen that has previously been imported; |
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Art.1.1x.e |
(e) "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State; |
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Art.1.1x.f |
(f) "Scientific Authority" means a national scientific authority designated in accordance with Article IX; |
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Art.1.1x.g |
(g) "Management Authority" means a national management authority designated in accordance with Article IX; |
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Art.1.1x.h |
(h) "Party" means a State for which the present Convention has entered into force. |
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Art.6 |
Article VI |
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Art.6.1 |
1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article. |
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Art.6.2 |
2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted. |
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Art.6.3 |
3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority. |
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Art.6.4 |
4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon. |
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Art.6.5 |
5. A separate permit or certificate shall be required for each consignment of specimens. |
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Art.6.6 |
6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen. |
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Art.6.7 |
7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes "mark" means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible. |
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Art.8 |
Article VIII |
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Art.8.1 |
1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures: |
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Art.8.1.a |
(a) to penalize trade in, or possession of, such specimens, or both; and |
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Art.8.1.b |
(b) to provide for the confiscation or return to the State of export of such specimens. |
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Art.8.2 |
2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention. |
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Art.8.3 |
3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment. |
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Art..8.4 |
4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article: |
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Art.8.4.a |
(a) the specimen shall be entrusted to a Management Authority of the State of confiscation; |
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Art.8.4.b |
(b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and |
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Art.8.4.c |
(c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place. |
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Art.8.5 |
5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated. |
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Art.8.6 |
6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover: |
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Art.8.6.a |
(a) the names and addresses of exporters and importers; and |
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Art.8.6.b |
(b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question. |
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Art.8.7 |
7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat: |
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Art.8.7.a |
(a) an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and |
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Art.8.7.b |
(b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention. |
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Art.8.8 |
8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned. |
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Art.17 |
Article XVII |
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Art.17.1 |
1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment. |
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Art.17.2 |
2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting. |
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Art.17.3 |
3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment. |
