Partijen en gegevens

The Permanent Representation of the Federal Republic of Germany to the Council of Europe presents its compliments to the General Secretariat of the Council of Europe and has the honour to inform the Secretariat that, with regard to the continued application of treaties of the Federal Republic of Germany and the treatment of treaties of the German Democratic Republic following its accession to the Federal Republic of Germany with effect from 3 October 1990, the Treaty of 31 August 1990 between the Federal Republic of Germany and the German Democratic Republic on the establishment of German unity (Unification Treaty) contains the following relevant provisions.

In conformity with paragraph 1 of Article 22 of the said Convention the Republic of Cyprus enters the following reservations:

In conformity with paragraph 1 of Article 22, Finland enters a reservation regarding the following species specified in Appendices II and III:

‘A reservation is made in respect of the prohibition listed in Appendix IV for the use of semi-automatic weapons capable of holding more than 2 rounds of ammunition for hunting of the following species included in Appendix III: Red deer (Cervus elaphus), Roe deer (Capreolus capreolus), Moose (Alces alces).

This reservation applies furthermore to the use of semi-automatic weapons used for sealing or whaling, conducted in accordance with Norwegian laws and regulation’

In accordance with paragraph 1 of Article 21, this Convention shall apply to the continental territory of the Kingdom.

With respect to the territory of the Kingdom in Svalbard and Jan Mayen, the Government of Norway will promote national policies for the conservation of wild flora, wild fauna and natural habitats, in accordance with the provisions of this Convention, with a reservation in respect of the conservation and management of the population of Arctic fox (Alopex lagopus) in Svalbard.

The Government of Norway undertakes to coordinate its efforts for the protection of migratory species specified in Appendices II and III whose ranges extend into Svalbard or Jan Mayen with the efforts of other Contracting Parties on a basis of mutual cooperation and reciprocity.

The Government of Norway confirms its understanding that nothing in the Convention on the Conservation of European Wildlife and Natural Habitats shall prejudice the obligations of Norway with respect to provisions contained in, or decisions already adopted – or which may be adopted – pursuant to international agreements already existing.

Referring to our meeting in December 1987 of the Standing Committee of the Bern Convention concerning amendments to Appendices II and III.

Norway abstained from voting on the proposal from Portugal regarding whale species. The Norwegian delegation needed consultations with the competent authorities in Norway.

At present, further consultations are needed as a basis for a definite Norwegian position on this proposal. Under these circumstances, Norway hereby make a formal, but provisional reservation to the decision of listing six whale species on Appendix II of the Bern Convention: Orcinus orca, Lagenorhynchus albirostris, Lagenorhynchus acutus.

We will communicate our final position on this matter in a few months.

Following the decision of the Standing Committee of the Bern Convention on the Conservation of European Wildlife and Natural Habitats to include several cetacean species in Appendix II of the Convention in December 1987, Norway made reservations regarding six of these species:

Orcinus orca

Lagenorhynchus acutus

Lagenorhynchus albirostris

Globicephala melaena

Hyperoodon rostratus

Mesoplodon bidens

During the 8th meeting of the Standing Committee of the Convention, 6–9 June 1989, the Norwegian delegate informed the Committee that Norway prepared the withdrawal of the reservations regarding three of these species.

On behalf of the Norwegian Government the Ministry of Environment hereby confirm the withdrawal of the reservations regarding the listing in Appendix II of the following three whale species:

Globicephala melaena

Hyperoodon rostratus

Mesoplodon bidens

The reservations will be maintained for the remaining three species.

Norway is not going to notify any objection with respect to the inclusion of additional higher plants (ferns and flowering plants) to Appendix I to the Convention.

The Directorate for Nature Management will however, on behalf of the Norwegian Government, hereby notify a partial objection with respect to the inclusion of Bryophytes in Appendix I. The objection does only apply to the obligations in Article 5, that is:

‘Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the special protection of wild flora species specified in Appendix I. Deliberate picking, collecting, cutting or uprooting of such plants shall be prohibited. Each Contracting Party shall, as appropriate, prohibit the possession or sale of these species.’

The objection does not cover obligations contained in other Articles of the Convention, such as the obligations following from Article 4, paragraph 1: ‘Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the conservation of the habitats of the wild flora and fauna species, especially those specified in the Appendices I en II, and the conservation of endangered natural habitats’.

In other words, Norway does not object to ensuring habitats of the Bryophyte species included in Appendix I. However, we do not at the present stage intend to adopt legislative species protection measures for these plants.

The objection applies to all Bryophyte species added to Appendix I. According to our present knowledge the following species are registered in Norway: Scapania massalongi, Atractylocarpus alpinus, Buxbaumia viridis, Cynodontium suecicum, Dicranum viride, Drepanocladus vernicosus, Meesia longiseta and Orthotrichum rogeri.

The 15 Standing Committee Meeting of the Bern Convention, 22.–26. January 1996 decided to list certain mammalian species in Appendix II. According to Article 17, paragraph 3, of the Convention, Contracting Parties may notify objections to any amendment within three months after its adoption.

On behalf of the Norwegian Government, the Directorate for Nature Management will hereby notify objections concerning the listing of the following species:

Monodon monocerosNarwhal

Balaenoptera physalusFinwhale

Monodon monoceros:

Monodon monoceros has already been listed in Appendix III of the Convention, and is thereby a protected fauna species. At present Norway finds no indication of a declining population, which might justify a listing in Appendix II. A change in listing of the Narwhal, indeed of any species, must be made on the basis of scientific knowledge. There is no scientific data on the Narwhal at present which justifies an uplisting.

The Norwegian views pertaining to management of Narwhal are based upon its listing in Appendix III of the Convention. The reservation concerning its listing in Appendix II does in no way indicate any changes in Norway’s management policy.

Norway acknowledges the need for further scientific research on Narwhal. We support the research done both under the auspices of the Scientific Committee of the International Whaling Commission (IWC) and the North Atlantic Marine Mammal Commission (NAMMCO). The Scientific Committee of the IWC has proposed to give priority to research on i.a. Narwhal in 1998. Furthermore, improved information on hunting statistics derived from the newly established control and inspection system established by NAMMCO will improve our knowledge of this species.

If the scientific research mentioned above should indicate that this species should be reclassified, Norway will reconsider her reservation concerning this species.

Balaenoptera physalus:

Balaenoptera physalus has been listed in Appendix III of the Convention and is thereby protected. Norway’s management of Finwhale is based upon its listing in Appendix III of the Convention. The reservation concerning its listing in Appendix II does not reflect any changes in Norway’s management policy. Available scientific information on this species does not give any grounds for a reclassification. Data from the International Whaling Commission (IWC) Scientific Commission show that the North Atlantic population of this species is not threatened, but in fact, increasing. Norway’s reservation concerning this species is based upon the findings of the Scientific Committee of the IWC.

At its 16th meeting in Strasbourg, 2–6 December 1996, the Standing Committee of the Bern Convention adopted several amendments to the Appendices of the Convention. The decision implies including a number of species for Appendix I, i.e. strictly protected plant species. Appendix II, i.e. strictly protected fauna species, and III, i.e. protected fauna species.

Objection to amendments of the Convention according to Article 17c

On behalf on the Norwegian Government the Directorate for Nature Management would like to notify an objection to the inclusion of the plant species Rheum rhaponticum L in Appendix I of the Convention. The reason why Norway has come to this conclusion is that Rheum rhaponticum L has been introduced to Norway, and that its inclusion in Appendix I from our point of view, comes into conflict with the objectives of Article 11–2b of the Convention, which call for the strict control of non-native species. According to our present state of knowledge Rheum rhaponticum L has been used as an ornamental and medicinal plant, and is thought in originate from Middle Asia. Finally, however, we would like to inform you that our objection does not imply that Norway at present have any intentions of changing her management practice concerning this species.

Interpretation with regard to listing of marine species — geographical coverage.

Concerning the adopted list of marine species for the inclusion in Appendices II and III, Norway understands that these listings only apply to the geographical area of the Mediterranean Sea, as it is reflected in Article 1.1 of the Convention for the Protection of the Marine Environment and the Costal Region of the Mediterranaen adopted in Barcelona on 16 February 1976 and amended on 15 June 1995. It reads:

‘Article 1

GEOGRAPHICAL COVERAGE

1. For the purposes of this Convention, the Mediterranean Sea Area shall mean the maritime waters of the Mediterranean Sea proper, including its gulfs and seas, bounded to the west by the meridian passing through Cape Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to the east by the southern limits of the Straits of the Dardanelles between Mehmetcik and Kumkale lighthouses.’

This interpretation is also reflected in a letter from the Bern Convention Secretariat of 5 March 1997. Norway therefore understands that the listing of these marine species in Appendix II and III has no consequences for populations or parts of populations appearing outside this area.

On this background we would like to emphasize the importance of a practice giving Parties the possibility of listing populations to the Convention.

The 17th Standing Committee of the Bern Convention (1–5 December 1997) decided to list a number of species on Appendices I (ie strictly protected plant species) II (ie strictly protected fauna species) and III (ie protected fauna species). According to Article 17.3 of the Convention Contracting Parties must notify objections to any amendment within three months after its adoption.

Objection to inclusion of Dracocephalum ruyschiana on Appendix I

On behalf on the Norwegian Government the Directorate for Nature Management will notify an objection to the inclusion of Dracocephalum ruyschiana L. in Appendix I of the Convention.

D. ruyschiana is considered common in its range in Norway. A strict protection of this species under the obligations given by the Convention for species on Appendix I is thus not considered relevant since Appendix I species should primarily be species regarded as endangered or vulnerable. We support the idea of listing such species with unfavourable conservation status in parts of its range. We regard the inclusion of D. ruyschiana on Appendix I to be useful in certain regions of the geographical range of the Convention, but not necessarily for the whole population within the geographical range of the Convention.

The Government of Norway withdraws the following objections [concerning Article 17]

With reference to the decision taken during the last meeting of the Standing Committee on the Convention on the Conservation of European Wildlife and Natural Habitats, held in Strasbourg from 8 to 11 december 1987, and in accordance with Article 17.3 of the said Convention, I have the honour to send you herewith the list of species, the inclusion of which is objected to by Turkey.

APPENDIX II

Amphibians

Pelobates syriacus, Pelodytes caucasicus

Reptiles

Agama stellio, Ophisops elegans, Lacerta agdis, Ophisaurus apodus, Chalcides ocellatus, Coluber najadum, Natrix tessellata, Telescopus fallax Felis silvestris (catus)

Vormela peregusna

Calopteryx syriaca, Sympecma braueri, Coenagrion freyi, Coenagrion mercuriale, Aeshna viridis, Stylurus (=Gomphus) flavipes, Gomphus graslinii, Ophiogomphus cecilia, Lindenia tetraphylla, Macromia splendens, Brachythemis fuscopalliata, Leucorrhinia albifrons, Leucorrhinia caudalis, Leucorrhinia pectoralis, Carabus olympiae, Dytiscus latissimus, Graphoderus bilineatus, Osmoderma eremita, Buprestis splendens, Cucujus cinnaberinus, Cerambyx cerdo, Papilio hospiton, Papilio alexanor, Zerynthia polyxena, Parnassius apollo, Parnassius mnemosyne, Apatura metis, Fabriciana elisa, Euphydryas (Eurodryas) aurinia, Melanargia arge, Erebia christi, Erebia sudetica, Erebia calcaria, Coenonympha hero, Coenonympha oedippus, Lopinga achine, Lycaena dispar, Maculinea arion, Maculinea teleius, Maculinea nausithous, Plebicula golgus, Hypodryas maturna, Eriogaster catax, Hyles hippophaes, Proserpinus prosperpina

ARACHNIDA

Araneae

Macrothele calpeiana

Molluscs

GASTROPODA

Stylommatophora

Geomalacus maculosus, Elona quimperiana, Margaritifera auricularia

APPENDIX III

BIVALVA

Unionoida

Margaritifera margaritifera, Union elongalulus, Microcondylaea compressa

Annelids

HIRUDINEA

Hirudo medicinalis

Chalcalburnus chalcoides, Abramis vimba, Alburnoides bipunctatus, Alburnus albidus, Aspius aspius, Barbus plebejus, Chondrostoma nasus, Rutilus frisii, Rutilus rubilio, Siluris glanis, Gobius ophiocephalus, Gobius syrman, Proterorhinus marmoratus

Article 22 — Reservations

GREAT BRITAIN

Reservations are made, as set out below, in respect of the prohibitions listed in Appendix IV.

Hares

Snares (except for self-locking snares)

Tape Recorders

Electrical Devices capable of killing and stunning

Artificial light sources

Devices for illuminating targets

Sighting devices for right shooting comprising and electronic image magnifier or image converter

Nets

Traps

Semi-automatic weapons with a magazine capable of holding more than 2 rounds of ammunition

Aircraft

Motor vehicles in motion.

Stoats

A reservation is made on prohibited methods as for hare above with the addition of gas or smoking out.

Weasels

A reservation is made on prohibited methods as for hare above with the addition of gas or smoking out.

Deer in England and Wales

Red Deer: (Cervus elaphus) Stags from 1 August to 30 April inclusive; Hinds from 1 November to 29 February inclusive.

Fallow Deer: (Dama dama) Buck from 1 August to 30 April inclusive; Doe from 1 November to 29 February inclusive.

Roe Deer: (Capreolus capreolus) Buck from 1 August to 31 October inclusive; Doe from 1 November to 29 February inclusive.

Sika Deer: (Cervus nippon) Stags from 1 August to 30 April inclusive; Hinds from 1 November to 29 February inclusive.

for any person entering land with the consent of the owner/occupier/lawful authority (unless subject to limited exception under S10, 10A and 11 of the Deer Act 1963 as amended by Schedule 7 to the Wildlife and Countryside Act 1981).

Tape Recorder

Electrical Devices capable of killing and stunning Mirrors and other dazzling devices.

Semi-automatic weapons with a magazine capable of holding more than other extensive prohibitions on firearms, weapons and ammunition).

Devices for illuminating targets.

Deer in Scotland

Seals

Gray seal from 1 January to 31 August inclusive

Common Seal from 1 September to 31 May inclusive

Tape recorders

Electrical Devices capable of killing and stunning

Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Sighting devices for night shooting comprising an electronic image magnifier or image converter

Nets

Traps

Any rifle using ammunition having a muzzle energy of not less than 600 footpounds and a bullet weighing not less than 45 grains

Aircraft

Motor vehicles in motion

NORTHERN IRELAND

Reservations are made as set out below.

Appendix I Flora accurring in Nothern Ireland

All species

Appendix II species occurring in Northern Ireland

Appendix III species occurring in Northern Ireland

Appendix IV prohibited means and methods of killing, capture and other forms of exploitation for species occurring in Northern Ireland

The reservations for Northern Ireland, though extensive, are of a pure temporary nature. Northern Ireland's proposed Order in Council on Wildlife conservation which will largely bring their legislation into line with that of Great Britain is likely to take effect in December 1982, and the separate Northern Ireland reservations can then be replaced by a reservation largely similar to that made above in relation to Great Britain.

… reservations in respect of Northern Ireland are hereby withdrawn in their entirety …

Article 22 — Reservations

GREAT-BRITAIN

Reservations are made, as set out below, in respect of the prohibitions listed in Appendix IV.

Hares

Snares (except for self-locking snares)

Tape recorders

Electrical Devices capable of killing and stunning Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Sighting devices for night shooting comprising an image magnifier or image convertor

Nets

Traps

Semi-automatic weapons with a magazine capable of holding more than 2 rounds of ammunition

Aircraft

Motor vehicles in motion

Stoats

A reservation is made on prohibited methods as for Hare above, with the addition of gassing or smoking out.

Weasels

A reservation is made on prohibited methods as for Hare above, with the addition of gassing or smoking out.

Deer in England and Wales

Red deer: (Cervus elaphus) Stags from 1 August to 30 April inclusive; Hinds from 1 November to 29 February inclusive.

Fallow deer: (Dama dama) Buck from 1 August to 30 April inclusive; Doe from 1 November to 29 February inclusive.

Roe deer: (Caprolus caprolus) Buck from 1 April to 31 October inclusive; Doe from 1 November to 29 February inclusive.

Sika deer: (Cervus nippon) Stags from 1 August to 30 April inclusive, Hinds from 1 November to 29 February inclusive.

for any person entering land with the consent of the owner/occupier/lawful authority (unless subject to limited exception under S10, 10A, and 11 of the Deer Act 1963 as amended by Schedule 7 to the Wildlife and Countryside Act 1981).

Tape recorders

Electrical Devices capable of killing and stunning

Mirrors and other dazzling devices

Semi-automatic weapons with a magazine capable of holding more than 2 rounds of ammunition (except for other extensive prohibition on firearms, weapons and ammunition)

Devices for illuminating targets

Deer in Scotland

For lawful killing under the Deer (Scotland) Act 1959 as amended:

Tape recorders

Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Semi-automatic weapon with a magazine capable of holding more than 2 rounds of ammunition

Aircraft

Open Seasons in Scotland

Seals

Grey Seal from 1 January to 31 August inclusive

Common Seal from 1 September to 31 May inclusive

Tape Recorders

Electrical Devices capable of killing and stunning

Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Sighting devices for night shooting comprising an electronic image magnifier or image convertor

Nets

Traps

Semi-automatic weapon with a magazine capable of holding more than 2 rounds of ammunition

Any rifle using ammunition having a muzzle energy of not less than 600 foot pounds and a bullet weighing not less than 45 grains

Aircraft

Motor vehicle in motion’.

Article 22 — Reservations

GREAT BRITAIN

Reservations are made, as set out below, in respect of the prohibitions listed in Appendix IV.

Hares

Snares (except for self-locking snares)

Tape Recorders

Electrical Devices capable of killing and stunning

Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Sighting devices for night shooting comprising an electronic image magnifier or image convertor

Nets

Traps

Semi-automatic weapon with a magazine capable of holding more than 2 rounds of ammunition

Aircraft

Motor vehicle in motion

Stoats

A reservation is made on prohibited methods as for Hare above, with the addition of gassing or smoking out.

Weasels

A reservation is made on prohibited methods as for Hare above, with the addition of gassing or smoking out.

Deer in England and Wales

Red Deer: (Cervus elaphus) Stags from 1 August tot 30 April inclusive; Hinds from 1 November to 29 February inclusive;

Fallow Deer: (Dama dama) Buck from 1 August to 30 April inclusive; Doe from 1 November to 29 February inclusive

Roe Deer: (Capreolus capreolus) Buck from 1 April to 31 October inclusive: Doe from 1 November to 29 February

Sika Deer: (Cervus nippon) Stags from 1 August to 30 April inclusive; Hinds from 1 November to 29 February inclusive

for any person entering land with the consent of the owner/occupier/lawful authority (unless subject to limited exception under S10, 10A and 11 of the Deer Act 1963 as amended by Schedule 7 to the Wildlife and Countryside Act 1981).

Tape Recorders

Electrical Devices capable of killing and stunning

Mirrors and other dazzling devices

Semi-automatic weapon with a magazine capable of holding more than 2 rounds of ammunition (except for other extensive prohibition on firearms, weapons and ammunition)

Devices for illuminating targets

Deer in Scotland

For lawful killing under the Deer (Scotland) Act 1959 as amended:

Tape Recorders

Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Semi-automatic weapon with a magazine capable of holding more than 2 rounds of ammunition

Aircraft

Open season in Scotland

Seals

Grey Seal from 1 January to 31 August inclusive

Common Seal from 1 September to 31 May inclusive

Tape Recorders

Electrical Devices capable of killing and stunning

Artificial light sources

Mirrors and other dazzling devices

Devices for illuminating targets

Sighting devices for night shooting comprising an electronic image magnifier or image convertor

Nets

Traps

Any rifle using ammunition having a muzzle energy of not less than 600 footpounds and a bullet weighing not less than 45 grains

Aircraft

Motor vehicles in motion

At the time of the deposit of the instrument of approval of this Convention, the Government of the French Republic makes a reservation concerning the Appendix II ‘Stricly protected fauna species’ and concerning the species ‘Chelonia mydas’ or green turtle.

The Kingdom of Belgium declares that the capture of birds for recreational purposes, in limited numbers and without hindering the survival of the species concerned, will continue in the Region of Wallonie and that it intends to apply Article 9 of the Convention to that effect, without prejudice to Community texts.

The species concerned are the following: Emberiza citrinella, Emberiza schoeniclus, Chloris chloris, Carduelis carduelis, Carduelis spinus, Carduelis flavirostris, Carduelis cannabina, Carduelis flammea, Loxia curvirostra, Coccothraustes coccothraustes.

Appendix I/Annexe I

From among the plant species specified in Appendix I, three species occur in Hungary. The following plant species are not protected:/

Parmi les espèces de plantes mentionnées dans l'Annexe I, trois espèces existent en Hongrie. Les espèces suivantes ne sont pas protégées en Hongrie:

Centaurea horrida Badaro

Rheum rhaponticum L.

There are 414 protected plant species in Hungary which are not listed in Appendix I of the Convention./

Il y a 414 espèces de plantes protégées en Hongrie qui ne sont pas mentionnées dans l'Annexe I de la Convention.

Appendix II/Annexe II

From among the species specified in Appendix II, the following ones are not protected in Hungary in any way;/

Parmi les espèces mentionnées à l'Annexe II, les suivantes ne sont en aucun cas protégées en Hongrie:

Cricetus cricetus

Coenagrion fregi

Coenagrion mercuriale

Stylurus (= Gomphus) flavipes

Ophiogomphus cecilia

Oxygastra curtisii

Leucorrhinia caudalis

Leucorrhinia pectoralis

Graphoderus bilineatus

Cucujus cinnaberinus

Melanargia arge

Erebia calcaria

Lopinga achine

Lycaena dispar

Maculinea arion

Maculinea teleius

Appendix III/Annexe III

From among the species specified in Appendix III, the following ones are not protected in Hungary:/

Parmi les espèces mentionnées à l'Annexe III, les suivantes ne sont pas protégées en Hongrie:

Martes foina

Putorius putorius

Phalacrocorax carbo

Fulica atra

Streptopelia decaocto

Passer montanus

Eudontomyzon mariae

Eudontomyzon vladykovi

Lampetra planeri

Alosa pontica

Coregonus albula

Coregonus lavarodus

Thymallus thymallus

Abramis ballerus

Abramis sapa

Abramis vimba

Chalcalburnus chalcoides

Chondrostoma nasus

Pelecus cultratus

Rhodeus sericeus

Rutilus frisii

Rutilus pigus

Gymnocephalus baloni

Astacus astacus

Helix pomatia

Hirudo medicinalis

Appendix IV/Annexe IV

For the capture of Cervidae the use of anaesthetic shot and anaesthetic bait is allowed in Hungary./

Pour la capture des Cervidés, l'emploi de projectiles anesthésiants et d'appats anesthésiants est permis en Hongrie.

For the capture of Lepus capensis the use of nets is allowed in Hungary./

Pour la capture des Lepus capensis, l'emploi de filets est permis en Hongrie.

For the killing of the following species the use of semi-automatic weapons is allowed in Hungary:/

Les espèces suivantes peuvent être tuées par des armes semi-automatiques en Hongrie:

Lepus capensis

Phasianus colhicus

Perdix perdix

Anser Albifrons

Anser fabalis

Anas platyrhynchos

Anas querquedula

Anas crecca

Anas penelope

Aythya ferina

Fulica atra

Scolpax rusticola

Streptopelia decaocto

Columba palumbus

The Convention does not apply to Greenland and the Faroe Islands.

I hereby, on behalf of the Danish authorities, have the honour to notify a partial objection in respect to the inclusion of lower plants (Bryophytes) to Appendix I. The objection is partial in the sense that it only concerns the obligations in Article 5, and it does not concern obligations according to other Articles of the Convention that follows from the amendment. In particular, it does not concern Article 4, paragraph 1.

Denmark thus has no objections to ensure the habitats of the Bryophytes with Danish occurence included in connection with the amendment of Appendix I, but it does not intend to carry out legislative species protection of these plants.

The objection applies to all Bryophyte species in Appendix I occuring in Denmark. According to present knowledge this includes the following 5 species from the amended list:

For the sake of good order I add that Denmark is not notifying any objections in connection with the amendments concerning higher plants (Ferns and Flowering plants) to Appendix I of the Convention.

Pursuant to Article 17 of the Bern Convention, reservation are made as set below in respect to flora species included in Appendix I of het Bern Convention, according to the relevant decision of the Standing Committee:

Referring to the amendments of Appendix I — Strictly Protected Flora Species — which have been adopted by the 17th Meeting of the Standing Committee of the Bern Convention, as they appear in Appendix 4 of document T-PVS(97)Misc 2, Greece enters an objection for the species:

Ophrys oestriphera

Ophrys taurica

Orchis provencialis

in the sense of examining their conservation status, with regard to their potential European Community interest, in the context of the NATURA 2000 network establishment.

In Appendix I regarding Saxifraga hirculus.

In Appendix II

In Appendix III regarding Corvus corax and Stercoratius parasiticus.

With this letter, and in accordance with Article 17, paragraph 3, of the Convention, the Government of Iceland notifies objections to the amendments adopted by the Standing Committee on 26 January 1996, regarding inclusion of Monodon monoceros, Globicephala macrorhynchus, Stenella frontalis, Kogia breviceps, Balaenoptera edeni and Balaenoptera physalus in Appendix II of the Convention.

As has been clearly expressed by the Icelandic delegation at the meeting of the Standing Committee, no criteria were used for including cetaceans in Appendix II. It is this lack of defined criteria, as well as disregard of available scientific information on population and population trends of species, which is unacceptable to Iceland. The decision is also not in conformity with the results of the United Nations Conference on Environment and Development. In particular, Iceland pointed out that the proposal included species which, according to reliable scientific data, are not threatened. A particular concern of the Icelandic Government is the inclusion of Balaenoptera physalus and Monodon monoceros in Appendix II.

We would also like to state that if new scientific information shows that these species are in fact threatened, measured against reasonable criteria, taking into account the precautionary principle, the Government of Iceland is willing to reconsider this notification.

With respect to the other species concerned on which no data was provided, Iceland will reassess its position when defined criteria have been developed by the Standing Committee and data provided on the state of these species.

In pursuance of paragraph 1 of article 22 of the Convention on the Conservation of European Wildlife and Natural Habitats of 1979, the Republic of Malta reserves the right not to apply the provisions of the Convention in respect of the following, accordingly.

Malta wishes to withdraw from two reservations it had made, when [ratifying] the Convention, namely the reservation re the shooting and taking of the Streptoptelia turtus and Coturnix coturnix, and from its reservation re the means used for taking birds under Appendix IV.

Malta is in a position to withdraw its reservation re the Fringilla coelebs under Appendix III. Furthermore, Malta's withdrawal from the reservation regarding the use for nets of trapping, applies also to wild rabbits.

As from 17 February 1997, the reservation reads as follows:

‘In pursuance of paragraph 1 of article 22 of the Convention on the Conservation of European Wildlife and Natural Habitats of 1979, the Republic of Malta reserves the right not to apply the provisions of the Convention in respect of the following, accordingly:

’.

In pursuance of Article 17, paragraph 3, of the Convention, Malta is making an objection in respect of the following species included in Appendix III (as recently amended):

Appendix III

Epinephelus marginatus

Lamna nasus

Palinurus elephas

Raja alba

Squatina squatina

In accordance with Article 21, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom's ratification to the Convention shall be extended to the territory of Gibraltar, for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to the territory of Gibraltar shall take effect on the date of deposit of this declaration.

The Republic of Tunisia declares that, in pursuance of the provisions of Article 22 of the Convention, it is making reservations and does not consider itself bound to take measures for the protection of some vegetal and animal species mentioned in the Annexes, being considered that the increase of these species in Tunisia is at present incompatible with the protection stipulated in the Convention.

These species are:

Annex 1:

Reseda decursiva Forssk. Gibraltar, Sideritis incana L. ssp. glauca (Cav.) Malagarriga

Annex 2:

Bufo viridis

In accordance with Article 22 of the said Convention, the Republic of Lithuania declares the following reservations:

In accordance with Article 22, paragraph 1, of the Convention, the Slovak Republic makes a reservation in respect of two species specified in Appendix II. These species are the wolf (Canis lupus) and the brown bear (Ursus arctos). The reason for making this reservation with regard to conditions for the protection of these species, according to Article 6 of the Convention, is that the present level of their population in the Slovak Republic permits the regulation of their numbers without detriment to their survival and to the functions of these species in the natural ecosystems.

In accordance with Article 22, paragraph 1, of the Convention, the Slovak Republic makes a reservation regarding two kinds of animals according to Appendix II (Strictly Protected Fauna Species)- Canis lupus and Ursus arctos.

In pursuance of paragraph 1 of Article 22 of the Convention, the Republic of Latvia reserves the right not to apply the provisions of the Convention in respect of the following accordingly.

APPENDIX 1

Cypripedium calceolus L.

Liparis loeselii (L.) Rich.

Pulsatilla patens (L.) Miller

APPENDIX II

Canis Lupus

Rana arvalis

APPENDIX III

Corvus corax

Lampetra fluviatilis

Abramis vimba

APPENDIX IV

Mammals

Artificial light sources

Traps

Birds

Nets

The Norwegian Government wishes upon the occasion of the signing of the Convention on the Protection of Wildlife and Natural Habitats in Bern on the 19 of September, to place on record that pending further national discussion in connection with ratification, it may prove necessary to enter a reservation with respect to a particular species covered by the Convention. The Norwegian Government also reserves the right in connection with ratification to make clear its understanding that nothing in this Convention shall prejudice the obligations of Contracting Parties with respect to provisions contained in, or decisions already adopted — or which may be adopted — pursuant to international agreements already existing.

In accordance with paragraph 1 of Article 21, this Convention shall apply to the continental territory of the Kingdom.

With respect to the territory of the Kingdom of Svalbard and Jan Mayen, the Government of Norway will promote national policies for the conservation of wild flora, wild fauna and natural habitats, in accordance with the provisions of this Convention, with a reservation in respect of the conservation and management of the population of the Artic fox (Alspex lagopus) in Svalbard.

The Government of Norway undertakes to co-ordinate its efforts for the protection of migratory species specified in Appendices II and III whose ranges extend into Svalbard or Jan Mayen with the efforts of other Contracting Parties on a basis of mutual co-operation and reciprocity.

The Government of Norway conforms its understanding that nothing in de Convention on the Conservation of European Wildlife and Natural Habitats shall prejudice the obligations of Norway with respect to provisions contained in, or decisions already adopted — or which may be adopted — pursuant to international agreements already existing

The Czech Republic makes the following reservations, pursuant to Article 22, paragraph 1, of the Convention:

Reservation to the conclusion of the following species in Appendix II of the Convention; Canis lupus, Ursus arctos, Bubo bubo, Buteo buteo, Buteo lagopus, Accipiter gentilis and Falco tinnunculus with respect to the current proliferation of these species in the territory of the Czech Republic, with respect to the need for regulation of nutrition specialists and with respect to the current use of falconry. In the event of an emergency the regime corresponding to the species specified in Appendix II shall be applied to all the above mentioned wild fauna species.

Reservation to the inclusion of Capra aegagrus in Appendix II of the Convention with respect to the existence of breeding only in game-parks of genetically unsuitable animals of this species which is not indigenous to the Czech republic.

Reservation to the inclusion in Appendix IV of the Convention of semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition with respect to Act No. 23/1962 on gamekeeping as amended by later regulations and Ordinance No. 134/1996 on the Implementation of the Act on Gamekeeping, which permit the use of such weapons for hunting. ’

At the 17th Meeting of the Bern Convention Standing Committee, held in Strasbourg from 1 to 5 December 1997, the Committe[lees: Committee] has adopted amendments to appendices I, II and III of the Bern Convention.

In accordance with Article 17 of the Convention, any amendment to the appendices shall enter into force for the Contracting Parties, with the exception of any which notify objections pursuant to paragraph 3 of that Article, three months after its adoption by the Standing Committee.

The approval by the Council of the European Union and consultation of the European Parliament of the amendments to appendices II and III of the Convention adopted at the 17th meeting of the Contracting Parties requires compliance with the procedure laid down in Article 228, paragraphs 2 and 3 of the Treaty establishing the European Community.

The European Community will be unable to finalise this procedure within the deadline established by Article 17 of the Convention. Therefore, an objection is hereby notified according to Article 17, paragraph 3, of the Convention, concerning the amendments to appendices I, II and III of the Convention adopted at the 17th Meeting of the Contracting Parties. Once the internal procedures for the approval of the amendments by the European Community have been completed, this objection concerning the amendments to appendices approved will be lifted.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat: As from 1 December 2009, any reference to ‘the European Economic Community’, ‘the European Community’ or ‘the European Communities’ contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as ‘the European Union’. The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]

The Republic of Macedonia shall be considered bound by all the paragraphs of the Convention, with the following exceptions:

The Verkhovna Rada of Ukraine declares that Ukraine has become a party of the Convention, with reservations as follows:

Pursuant to the provisions of paragraph 1 of Article 22, the Republic of Croatia makes the following reservations relating to Articles 5, 6 and 7 of the Convention:

Appendix I

Appendix II

To be considered a species mentioned in Appendix III:

Appendix III

In accordance with Article 21, paragraph 2, of the Convention, the Government of the United Kingdom declares that the Convention shall extend to the Sovereign Base Areas of the United Kingdom in the island of Cyprus, subject to the following reservation made in accordance with Article 22, paragraph 2, of the Convention:

the under-mentioned fauna species included in Appendix II will not be considered by the United Kingdom as enjoying the regime of protection provided by the said Convention for the species included in the said Appendix: Vipera lebetina.

Pursuant to Article 22, paragraph 1, of the Convention:

The Republic of Belarus shall not apply the provisions of Article 6 of the Convention in respect to the following species included in Appendix II to the said Convention:

The Republic of Belarus shall not apply the provisions of Article 8 of the Convention in respect of the following prohibited means and methods of killing, capture and other forms of exploitation listed in Appendix IV:

Pursuant to Article 22 of the Convention, Georgia reserves the right not to apply provisions of Article 5 of the Convention in respect to the following species contained in Appendix I to the Convention occurring on the territory of Georgia:

Marsilea quadrifolia L;

Salvinia natans L. All;

Vaccinium arctostaphylos L;

Dracocephalum ruyschiana L;

Cyclamen coum Mill;

Typha minima Funk;

Zostera marina L. (Med.);

Kosteletzkya pentacarpos (L.) Ledeb;

Paeonia tenuifolia L.

Pursuant to Article 22 of the Convention, Georgia reserves the right not to apply provisions of Article 6 of the Convention in respect to the following species contained in Appendix II to the Convention occurring on the territory of Georgia:

Birds

Merops apiaster

Melanocorypha calandra

Motacilla alba

Emberiza cia

Sturnus roseus

Reptiles

Natrix tessellata

Amphibians

Bufo viridis

Pursuant to Article 22 of the Convention, Georgia reserves the right not to apply provisions of Article 6 of the Convention in respect to the species contained in Appendix III to the Convention occurring on the territory of Georgia, and shall provide their protection pursuant to Article 7 of the Convention, i.e. shall treat them as having being included in Appendix III to the Convention. These species are:

Mammals

Canis Lupus

Ursus arctos

Felis silvestris

Birds

Ixobrychus minutus

Accipiter nisus

Accipiter gentilis

Buteo buteo

Sterna albifrons

Sterna hirundo

Otus scops

Upupa epops

Coracias garrulus

Dendrocopos major

Hirundo rustica

Delichon urbica

Eremophila alpestris

Motacilla flava

Lanius collurio

Prunella modularis

Prunella collaris

Oenanthe Oenanthe

Oenanthe finischii

Oenanthe isabellina

Phoenicurus ochruros

Phoenicurus phoenicurus

Erithacus rubecula

Parus major

Parus caeruleus

Sitta europaea

Troglodytes troglodytes

Emberiza melanocephala

Carduelis cannabina

Carduelis carduelis

Carduelis spinus

Carduelis chloris

Reptiles

Vipera lebetina

Ophysaurus apodus

Coluber najadum

Coronella austriaca

Amphibians

Hyla arborea

Pursuant to Article 22 of the Convention, Georgia reserves the right not to apply provisions of Article 7 of the Convention in respect to the following species contained in Appendix III to the Convention occurring on the territory of Georgia:

Mammals

Sciurus vulgaris

Fish

Coregonus

Pursuant to Article 22 of the Convention, Georgia reserves the right to implement provisions of Appendix IV concerning prohibited means and methods of killing, capture and other forms of exploitation, under the following conditions: ‘Georgia agrees with prohibition of snares and traps, but allows purposeful and specific use for mammals capture only for scientific purposes, or in cases, where this is related to removal of particular problematic species from the nature’.