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Art.3 |
Article III |
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Art.3.1 |
1. Appendix I shall list migratory species which are endangered. |
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Art.3.2 |
2. A migratory species may be listed in Appendix I provided that reliable evidence, including the best scientific evidence available, indicates that the species is endangered. |
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Art.3.3 |
3. A migratory species may be removed from Appendix I when the Conference of the Parties determines that: |
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Art.3.3.a |
a) reliable evidence, including the best scientific evidence available, indicates that the species is no longer endangered, and |
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Art.3.3.b |
b) the species is not likely to become endangered again because of loss of protection due to its removal from Appendix I. |
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Art.3.4 |
4. Parties that are Range States of a migratory species listed in Appendix I shall endeavour: |
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Art.3.4.a |
a) to conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from danger of extinction; |
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Art.3.4.b |
b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities or obstacles that seriously impede or prevent the migration of the species; and |
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Art.3.4.c |
c) to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species, including strictly controlling the introduction of, or controlling or eliminating, already introduced exotic species. |
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Art.3.5 |
5. Parties that are Range States of a migratory species listed in Appendix I shall prohibit the taking of animals belonging to such species. Exceptions may be made to this prohibition only if: |
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Art.3.5.a |
a) the taking is for scientific purposes; |
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Art.3.5.b |
b) the taking is for the purpose of enhancing the propagation or survival of the affected species; |
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Art.3.5.c |
c) the taking is to accommodate the needs of traditional subsistence users of such species; or |
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Art.3.5.d |
d) extraordinary circumstances so require; provided that such exceptions are precise as to content and limited in space and time. Such taking should not operate to the disadvantage of the species. |
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Art.3.6 |
6. The Conferences of the Parties may recommend to the Parties that are Range States of a migratory species listed in Appendix I that they take further measures considered appropriate to benefit the species. |
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Art.3.7 |
7. The Parties shall as soon as possible inform the Secretariat of any exceptions made pursuant to paragraph 5 of this Article. |
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Art.7 |
Article VII |
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Art.7.1 |
1. The Conference of the Parties shall be the decision-making organ of this Convention. |
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Art.7.2 |
2. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of this Convention. |
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Art.7.3 |
3. Thereafter the Secretariat shall convene ordinary meetings of the Conference of the Parties at intervals of not more than three years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties. |
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Art.7.4 |
4. The Conference of the Parties shall establish and keep under review the financial regulations of this Convention. The Conference of the Parties shall, at each of its ordinary meetings, adopt the budget for the next financial period. Each Party shall contribute to this budget according to a scale to be agreed upon by the Conference. Financial regulations, including the provisions on the budget and the scale of contributions as well as their modifications, shall be adopted by unanimous vote of the Parties present and voting. |
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Art.7.5 |
5. At each of its meetings the Conference of the Parties shall review the implementation of this Convention and may in particular: |
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Art.7.5.a |
a) review and assess the conservation status of migratory species; |
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Art.7.5.b |
b) review the progress made towards the conservation of migratory species, especially those listed in Appendices I and II; |
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Art.7.5.c |
c) make such provision and provide such guidance as may be necessary to enable the Scientific Council and the Secretariat to carry out their duties; |
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Art.7.5.d |
d) receive and consider any reports presented by the Scientific Council, the Secretariat, any Party or any standing body established pursuant to an Agreement; |
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Art.7.5.e |
e) make recommendations to the Parties for improving the conservation status of migratory species and review the progress being made under Agreements; |
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Art.7.5.f |
f) in those cases where an Agreement has not been concluded, make recommendations for the convening of meetings of the Parties that are Range States of a migratory species or group of migratory species to discuss measures to improve the conservation status of the species; |
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Art.7.5.g |
g) make recommendations to the Parties for improving the effectiveness of this Convention; and |
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Art.7.5.h |
h) decide on any additional measure that should be taken to implement the objectives of this Convention. |
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Art.7.6 |
6. Each meeting of the Conference of the Parties should determine the time and venue of the next meeting. |
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Art.7.7 |
7. Any meeting of the Conference of the Parties shall determine and adopt rules of procedure for that meeting. Decisions at a meeting of the Conference of the Parties shall require a two-thirds majority of the Parties present and voting, except where otherwise provided for by this Convention. |
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Art.7.8 |
8. The United Nations, its Specialized Agencies, the International Atomic Energy Agency, as well as any State not a party to this Convention and, for each Agreement, the body designated by the parties to that Agreement, may be represented by observers at meetings of the Conference of the Parties. |
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Art.7.9 |
9. Any agency or body technically qualified in protection, conservation and management of migratory species, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference of the Parties by observers, shall be admitted unless at least one-third of the Parties present object: |
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Art.7.9.a |
a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and |
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Art.7.9.b |
b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. |
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Art.7.9.cx |
Once admitted, these observers shall have the right to participate but not to vote. |
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Art.8 |
Article VIII |
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Art.8.1 |
1. At its first meeting, the Conference of the Parties shall establish a Scientific Council to provide advice on scientific matters. |
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Art.8.2 |
2. Any Party may appoint a qualified expert as a member of the Scientific Council. In addition, the Scientific Council shall include as members qualified experts selected and appointed by the Conference of the Parties; the number of these experts, the criteria for their selection and the terms of their appointments shall be as determined by the Conference of the Parties. |
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Art.8.3 |
3. The Scientific Council shall meet at the request of the Secretariat as required by the Conference of the Parties. |
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Art.8.4 |
4. Subject to the approval of the Conference of the Parties, the Scientific Council shall establish its own rules of procedure. |
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Art.8.5 |
5. The Conference of the Parties shall determine the functions of the Scientific Council, which may include: |
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Art.8.5.a |
a) providing scientific advice to the Conference of the Parties, to the Secretariat, and, if approved by the Conference of the Parties, to any body set up under this Convention or an Agreement or to any Party; |
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Art.8.5.b |
b) recommending research and the co-ordination of research on migratory species, evaluating the results of such research in order to ascertain the conservation status of migratory species and reporting to the Conference of the Parties on such status and measures for its improvement; |
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Art.8.5.c |
c) making recommendations to the Conference of the Parties as to the migratory species to be included in Appendices I and II, together with an indication of the range of such migratory species; |
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Art.8.5.d |
d) making recommendations to the Conference of the Parties as to specific conservation and management measures to be included in Agreements on migratory species; and |
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Art.8.5.e |
e) recommending to the Conference of the Parties solutions to problems relating to the scientific aspects of the implementation of this Convention, in particular with regard to the habitats of migratory species. |
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Art.9 |
Article IX |
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Art.9.1 |
1. For the purposes of this Convention a Secretariat shall be established. |
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Art.9.2 |
2. Upon entry into force of this Convention, the Secretariat is provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable intergovernmental or non-governmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild animals. |
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Art.9.3 |
3. If the United Nations Environment Programme is no longer able to provide the Secretariat, the Conference of the Parties shall make alternative arrangements for the Secretariat. |
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Art.9.4 |
4. The functions of the Secretariat shall be: |
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Art.9.4.a |
a) to arrange for and service meetings: |
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Art.9.4.a.i |
(i) of the Conference of the Parties, and |
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Art.9.4.a.ii |
(ii) of the Scientific Council; |
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Art.9.4.b |
b) to maintain liaison with and promote liaison between the Parties, the standing bodies set up under Agreements and other international organizations concerned with migratory species; |
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Art.9.4.c |
c) to obtain from any appropriate source reports and other information which will further the objectives and implementation of this Convention and to arrange for the appropriate dissemination of such information; |
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Art.9.4.d |
d) to invite the attention of the Conference of the Parties to any matter pertaining to the objectives of this Convention; |
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Art.9.4.e |
e) to prepare for the Conference of the Parties reports on the work of the Secretariat and on the implementation of this Convention; |
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Art.9.4.f |
f) to maintain and publish a list of Range States of all migratory species included in Appendices I and II; |
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Art.9.4.g |
g) to promote, under the direction of the Conference of the Parties, the conclusion of Agreements, |
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Art.9.4.h |
h) to maintain and make available to the Parties a list of Agreements and, if so required by the Conference of the Parties, to provide any information on such Agreements; |
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Art.9.4.i |
i) to maintain and publish a list of the recommendations made by the Conference of the Parties pursuant to sub-paragraphs (e), (f) and (g) of paragraph 5 of Article VII or of decisions made pursuant to sub-paragraph (h) of that paragraph; |
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Art.9.4.j |
j) to provide for the general public information concerning this Convention and its objectives; and |
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Art.9.4.k |
k) to perform any other function entrusted to it under this Convention or by the Conference of the Parties. |
