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Art.1 |
Article I |
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Art.1.a |
1. a) The geographic scope of this Agreement, hereinafter referred to as the "Agreement area", is constituted by all the maritime waters of the Black Sea and the Mediterranean and their gulfs and seas, and the internal waters connected to or interconnecting these maritime waters, and of the Atlantic area contiguous to the Mediterranean Sea west of the Straits of Gibraltar. For the purpose of this Agreement: |
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Art.1.a.ix |
- the Black Sea is bounded to the southwest by the line joining Capes Kelaga and Dalyan (Turkey); |
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Art.1.a.iix |
- the Mediterranean Sea is bounded to the east by the southern limits of the Straits of the Dardanelles between the lighthouses of Mehmetcik and Kumkale (Turkey) and to the west by the meridian passing through Cape Spartel lighthouse, at the entrance to t |
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Art.1.a.iiix |
- the contiguous Atlantic area west of the Strait of Gibraltar is bounded to the east by the meridian passing through Cape Spartel lighthouse and to the west by the line joining the lighthouses of Cape St. Vicente (Portugal) and Casablanca (Morocco). |
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Art.1.b |
b) Nothing in this Agreement nor any act adopted on the basis of this Agreement shall prejudice the rights and obligations, the present and future claims or legal views of any State relating to the law of the sea or to the Montreux Convention of 20 July 1936 (Convention concernant le régime des détroits), in particular the nature and the extent of marine areas, the delimitation of marine areas between States with opposite or adjacent coasts, freedom of navigation on the high seas, the right and the modalities of passage through straits used for international navigation and the right of innocent passage in territorial seas, as well as the nature and extent of the jurisdiction of the coastal State, the flag State and the port State. |
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Art.1.c |
c) No act or activity undertaken on the basis of this Agreement shall constitute grounds for claiming, contending or disputing any claim to national sovereignty or jurisdiction. |
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Art.1.2 |
2. This Agreement applies to all cetaceans that have a range which lies entirely or partly within the Agreement area or that accidentally or occasionally frequent the Agreement area, an indicative list of which is contained in Annex 1 to this Agreement. |
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Art.1.3 |
3. For the purpose of this Agreement: |
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Art.1.3.a |
a) "Cetaceans" means animals, including individuals, of those species, subspecies or populations of Odontoceti or Mysticeti; |
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Art.1.3.b |
b) "Convention" means the Convention on the Conservation of Migratory Species of Wild Animals, 1979; |
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Art.1.3.c |
c) "Secretariat of the Convention" means the body established under Article IX of the Convention; |
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Art.1.3.d |
d) "Agreement secretariat" means the body established under Article III, paragraph 7, of this Agreement; |
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Art.1.3.e |
e) "Scientific Committee" means the body established under Article III, paragraph 7, of this Agreement; |
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Art.1.3.f |
f) "Range" means all areas of water that a cetacean inhabits, stays in temporarily, or crosses at any time on its normal migration route within the Agreement area. |
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Art.1.3.g |
g) "Range State" means any State that exercises sovereignty and/or jurisdiction over any part of the range of a cetacean population covered by this Agreement, or a State, flag vessels of which are engaged in activities in the Agreement area which may affect the conservation of cetaceans; |
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Art.1.3.h |
h) "Regional economic integration organization" means an organization constituted by sovereign States which has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Agreement; |
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Art.1.3.i |
i) "Party" means a Range State or a regional economic integration organization for which this Agreement is in force; |
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Art.1.3.j |
j) "Subregion", depending on the particular context, means either the region comprising the coastal States of Black Sea or the region comprising the coastal States of the Mediterranean Sea and the contiguous Atlantic area; any reference in the Agreement to the States of a particular subregion shall be taken to mean the States which have any part of their territorial waters within that subregion, and States, flag vessels of which are engaged in activities which may affect the conservation of cetaceans in that subregion; and |
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Art.1.3.k |
k) "Habitat" means any area in the range of cetaceans where they are temporarily or permanently resident, in particular, feeding areas, calving or breeding grounds, and migration routes. |
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Art.1.3.lx |
In addition, the terms defined in Article I, subparagraphs 1 a) to e), and i) of the Convention shall have the same meaning, mutatis mutandis, in this Agreement. |
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Art.1.4 |
4. This Agreement is an agreement within the meaning of Article IV, paragraph 4, of the Convention. |
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Art.1.5 |
5. The annexes to this Agreement form an integral part thereof, and any reference to the Agreement includes a reference to its annexes. |
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Art.2 |
Article II |
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Art.2.1 |
1. Parties shall take co-ordinated measures to achieve and maintain a favourable conservation status for cetaceans. To this end, Parties shall prohibit and take all necessary measures to eliminate, where this is not already done, any deliberate taking of cetaceans and shall co-operate to create and maintain a network of specially protected areas to conserve cetaceans. |
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Art.2.2 |
2. Any Party may grant an exception to the prohibition set out in the preceding paragraph only in emergency situations as provided for in Annex 2, paragraph 6, or, after having obtained the advice of the Scientific Committee, for the purpose of non-lethal in situ research aimed at maintaining a favourable conservation status for cetaceans. The Party concerned shall immediately inform the Bureau and the Scientific Committee, through the Agreement secretariat, of any such exception that has been granted. The Agreement secretariat shall inform all Parties of the exception without delay by the most appropriate means. |
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Art.2.3 |
3. In addition, Parties shall apply, within the limits of their sovereignty and/or jurisdiction and in accordance with their international obligations, the conservation, research and management measures prescribed in Annex 2 to this Agreement, which shall address the following matters: |
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Art.2.3.a |
a) adoption and enforcement of national legislation; |
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Art.2.3.b |
b) assessment and management of human-cetacean interactions; |
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Art.2.3.c |
c) habitat protection; |
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Art.2.3.d |
d) research and monitoring; |
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Art.2.3.e |
e) capacity building, collection and dissemination of information, training and education; and |
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Art.2.3.f |
f) responses to emergency situations. |
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Art.2.3.gx |
Measures concerning fisheries activities shall be applied in all waters under their sovereignty and/or jurisdiction and outside these waters in respect of any vessel under their flag or registered within their territory. |
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Art.2.4 |
4. In implementing the measures prescribed above, the Parties shall apply the precautionary principle. |
