Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention or CMS) [*]
Done at: Bonn
Date enacted: 1979-06-23
In force: 1983-11-01
The Contracting Parties,
Recognizing that wild animals in their innumerable forms are an irreplaceable part of the earth's natural system which must be conserved for the good of mankind;
Aware that each generation of man holds the resources of the earth for future generations and has an obligation to ensure that this legacy is conserved and, where utilized, is used wisely;
Conscious of the ever-growing value of wild animals from environmental, ecological, genetic, scientific, aesthetic, recreational, cultural, educational, social and economic points of view;
Concerned particularly with those species of wild animals that migrate across or outside national jurisdictional boundaries;
Recognizing that the States are and must be the protectors of the migratory species of wild animals that live within or pass through their national jurisdictional boundaries;
Convinced that conservation and effective management of migratory species of wild animals require the concerted action of all States within the national jurisdictional boundaries of which such species spend any part of their life cycle;
Recalling Recommendation 32 of the Action Plan adopted by the United Nations Conference on the Human Environment (Stockholm, 1972) and noted with satisfaction at the Twenty-seventh Session of the General Assembly of the United Nations,
Have agreed as follows:
Article I
Interpretation
1. |
For the purpose of this Convention:
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2. |
In matters within their competence, the regional economic integration organizations which are Parties to this Convention shall in their own name exercise the rights and fulfil the responsibilities which this Convention attributes to their member States. In such cases the member States of these organizations shall not be entitled to exercise such rights individually. |
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3. |
Where this Convention provides for a decision to be taken by either a two-thirds majority or a unanimous decision of "the Parties present and voting" this shall mean "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 determining the majority. |
Article II
Fundamental principles
1. |
The Parties acknowledge the importance of migratory species being conserved and of Range States agreeing to take action to this end whenever possible and appropriate, paying special attention to migratory species the conservation status of which is unfavourable, and taking individually or in co-operation appropriate and necessary steps to conserve such species and their habitat. |
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2. |
The Parties acknowledge the need to take action to avoid any migratory species becoming endangered. |
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3. |
In particular, the Parties:
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Article III
Endangered migratory species: Appendix I
1. |
Appendix I shall list migratory species which are endangered. |
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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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3. |
A migratory species may be removed from Appendix I when the Conference of the Parties determines that:
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4. |
Parties that are Range States of a migratory species listed in Appendix I shall endeavour:
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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:
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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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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7. |
The Parties shall as soon as possible inform the Secretariat of any exceptions made pursuant to paragraph 5 of this Article. |
Article IV
Migratory species to be the subject of agreements: Appendix II
1. |
Appendix II shall list migratory species which have an unfavourable conservation status and which require international agreements for their conservation and management, as well as those which have a conservation status which would significantly benefit from the international cooperation that could be achieved by an international agreement. |
2. |
If the circumstances so warrant, a migratory species may be listed both in Appendix I and Appendix II. |
3. |
Parties that are Range States of migratory species listed in Appendix II shall endeavour to conclude Agreements where these should benefit the species and should give priority to those species in an unfavourable conservation status. |
4. |
Parties are encouraged to take action with a view to concluding agreements for any population or any geographically separate part of the population of any species or lower taxon of wild animals, members of which periodically cross one or more national jurisdiction boundaries. |
5. |
The Secretariat shall be provided with a copy of each Agreement concluded pursuant to the provisions of this Article. |
Article V
Guidelines for agreements
1. |
The object of each Agreement shall be to restore the migratory species concerned to a favourable conservation status or to maintain it in such a status. Each Agreement should deal with those aspects of the conservation and management of the migratory species concerned which serve to achieve that object. |
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2. |
Each Agreement should cover the whole of the range of the migratory species concerned and should be open to accession by all Range States of that species, whether or not they are Parties to this Convention. |
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3. |
An Agreement should, wherever possible, deal with more than one migratory species. |
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4. |
Each Agreement should:
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5. |
Where appropriate and feasible, each Agreement should provide for but not be limited to:
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Article VI
Range States
1. |
A list of the Range States of migratory species listed in Appendices I and II shall be kept up to date by the Secretariat using information it has received from the Parties. |
2. |
The Parties shall keep the Secretariat informed in regard to which of the migratory species listed in Appendices I and II they consider themselves to be Range States, including provision of information on their flag vessels engaged outside national jurisdictional limits in taking the migratory species concerned and, where possible, future plans in respect of such taking. |
3. |
The Parties which are Range States for migratory species listed in Appendix I or Appendix II should inform the Conference of the Parties through the Secretariat, at least six months prior to each ordinary meeting of the Conference, on measures that they are taking to implement the provisions of this Convention for these species. |
Article VII
The Conference of the Parties
1. |
The Conference of the Parties shall be the decision-making organ of this Convention. |
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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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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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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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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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6. |
Each meeting of the Conference of the Parties should determine the time and venue of the next meeting. |
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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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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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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:
Once admitted, these observers shall have the right to participate but not to vote. |
Article VIII
The Scientific Council
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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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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3. |
The Scientific Council shall meet at the request of the Secretariat as required by the Conference of the Parties. |
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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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5. |
The Conference of the Parties shall determine the functions of the Scientific Council, which may include:
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Article IX
The Secretariat
1. |
For the purposes of this Convention a Secretariat shall be established. |
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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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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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4. |
The functions of the Secretariat shall be:
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Article X
Amendment of the Convention
1. |
This Convention may be amended at any ordinary or extraordinary meeting of the Conference 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 Secretary at least one hundred and fifty days before the meeting at which it is to be considered and shall promptly be communicated by the Secretary to all Parties. Any comments on the text by the Parties shall be communicated to the Secretariat not less than sixty days before the meeting begins. The Secretariat shall, immediately after the last day for submission of comments, communicate to the Parties all comments submitted by that day. |
4. |
Amendments shall be adopted by a two-thirds majority of Parties present and voting. |
5. |
An amendment adopted shall enter into force for all Parties which have accepted it on the first day of the third month following the date on which two-thirds of the Parties have deposited an instrument of acceptance with the Depositary. For each Party which deposits an instrument of acceptance after the date on which two-thirds of the Parties have deposited an instrument of acceptance, the amendment shall enter into force for that Party on the first day of the third month following the deposit of its instrument of acceptance. |
Article XI
Amendment of the Appendices
1. |
Appendices I and II may be amended at any ordinary or extraordinary meeting of the Conference 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, based on the best scientific evidence available, shall be communicated to the Secretariat at least one hundred and fifty days before the meeting and shall promptly be communicated by the Secretariat to all Parties. Any comments on the text by the Parties shall be communicated to the Secretariat not less than sixty days before the meeting begins. The Secretariat shall, immediately after the last day for submission of comments, communicate to the Parties all comments submitted by that day. |
4. |
Amendments shall be adopted by a two-thirds majority of Parties present and voting. |
5. |
An amendment to the Appendices shall enter into force for all Parties ninety days after the meeting of the Conference of the Parties at which it was adopted, except for those Parties which make 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 notification in writing to the Depositary make a reservation with respect to the amendment. A reservation to an amendment may be withdrawn by written notification to the Depositary and thereupon the amendment shall enter into force for that Party ninety days after the reservation is withdrawn. |
Article XII
Effect on international conventions and other legislation
1. |
Nothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. |
2. |
The provisions of this Convention shall in no way affect the rights or obligations of any Party deriving from any existing treaty, convention or Agreement. |
3. |
The provisions of this Convention shall in no way affect the right of Parties to adopt stricter domestic measures concerning the conservation of migratory species listed in Appendices I and II or to adopt domestic measures concerning the conservation of species not listed in Appendices I and II. |
Article XIII
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 Convention 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 XIV
Reservations
1. |
The provisions of this Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Article XI. |
2. |
Any State or regional economic integration organization may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to the presence on either Appendix I or Appendix II or both, of any migratory species and shall then not be regarded as a Party in regard to the subject of that reservation until ninety days after the Depositary has transmitted to the Parties notification that such reservation has been withdrawn. |
Article XV
Signature
This Convention shall be open for signature at Bonn for all States and any regional economic integration organization until the twenty-second day of June, 1980.
Article XVI
Ratification, acceptance, approval
This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Federal Republic of Germany, which shall be the Depositary.
Article XVII
Accession
After the twenty-second day of June 1980 this Convention shall be open for accession by all non-signatory States and any regional economic integration organization. Instruments of accession shall be deposited with the Depositary.
Article XVIII
Entry into force
1. |
This Convention shall enter into force on the first day of the third month following the date of deposit of the fifteenth instrument of ratification, acceptance, approval or accession with the Depositary. |
2. |
For each State or each regional economic integration organization which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the fifteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the third month following the deposit by such State or such organization of its instrument of ratification, acceptance, approval or accession. |
Article XIX
Denunciation
Any Party may denounce this Convention by written notification to the Depositary at any time. The denunciation shall take effect twelve months after the Depositary has received the notification.
Article XX
Depositary
1. |
The original of this Convention, in the English, French, German, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary. The Depositary shall transmit certified copies of each of these versions to all States and all regional economic integration organizations that have signed the Convention or deposited instruments of accession to it. |
2. |
The Depositary shall, after consultation with the Governments concerned, prepare official versions of the text of this Convention in the Arabic and Chinese languages. |
3. |
The Depositary shall inform all signatory and acceding States and all signatory and acceding regional economic integration organizations and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of this Convention, amendments thereto, specific reservations and notifications of denunciation. |
4. |
As soon as this Convention 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. In witness whereof the undersigned, being duly authorized to that effect, have signed this Convention. |
In witness whereof the undersigned, being duly authorized to that effect, have signed this Convention.
Done at Bonn, 23 June 1979.
Appendix I
Endangered migratory species
Interpretation
1. |
Migratory species included in this Appendix are referred to: a) by the name of the species or subspecies; or b) as being all of the migratory species included in a higher taxon or designated part thereof. |
2. |
Other references to taxa higher than species are for the purposes of information or classification only. |
3. |
The abbreviation for sensu lato "(s.l.)" is used to denote that the scientific name is used in its extended meaning. |
4. |
An asterisk (*) placed against the name of a species indicates that the species, or a separate population of that species, or a higher taxon which includes that species is included in Appendix II. [List omitted] |
Appendix II
Migratory species conserved through Agreements
Interpretation
1. |
Migratory species included in this Appendix are referred to:
Unless otherwise indicated, where reference is made to a taxon higher than species, it is understood that all the migratory species within that taxon could significantly benefit from the conclusion of Agreements. |
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2. |
The abbreviation "spp." following the name of a Family or Genus is used to denote all migratory species within that Family or Genus. |
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3. |
Other references to taxa higher than species are for the purposes of information or classification only. |
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4. |
The abbreviation "(s.l.)" is used to indicate that the scientific name is used in its extended meaning. |
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5. |
An asterisk (*) placed against the name of a species or higher taxon indicates that the species, or a separate population of that species, or one or more species included in that higher taxon is included in Appendix I. |
[List omitted]
Table added to the appendices
[Omitted]
Ratifications as of May 2016
Number of ratifications: 123
Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bangladesh, Belarus, Belgium, Benin, Bolivia, Brazil, Bulgaria, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Chile, Congo, Cook Islands, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti, Ecuador, Egypt, Equatorial Guinea, Eritrea, Estonia, Ethiopia, European Union, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guinea, Guinea-Bissau, Honduras, Hungary, India, Iran, Ireland, Israel, Italy, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Latvia, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Mali, Malta, Mauritania, Mauritius, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Netherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Palau, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Tanzania, Togo, Tunisia, Uganda, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan, Yemen, Zimbabwe
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Supplemented by the Agreement on the Conservation of Seals in the Wadden Sea adopted 1990-10-16, in force 1991-10-01; Agreement on the Conservation of Populations of European Bats adopted 1991-12-04, in force 1994-01-16; Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas adopted 1992-03-17, in force 1994-03-29; Agreement on the Conservation of African-Eurasian Migratory Waterbirds adopted 1995-06-16, in force 1999-11-01; Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and contiguous Atlantic area adopted 1996-11-24, in force 2001-06-01; Agreement on the Conservation of Albatrosses and Petrels adopted 2001-02-02, in force 2004-02-01; Agreement on the Conservation of Gorillas and their Habitats adopted 2007-10-26, in force 2008-06-01. |