Council of Europe
Convention on the conservation of European
wildlife and natural habitats
Bern/Berne, 19.IX.1979
European Treaty Series/104
Preamble
The member States of the Council of Europe
and the other signatories hereto,
Considering that the aim of the Council of
Europe is to achieve a greater unity between its members;
Considering the wish of the Council of
Europe to co-operate with other States in the field of nature
conservation;
Recognising that wild flora and fauna
constitute a natural heritage of aesthetic, scientific, cultural,
recreational, economic and intrinsic value that needs to be
preserved and handed on to future generations;
Recognising the essential role played by
wild flora and fauna in maintaining biological balances;
Noting that numerous species of wild flora
and fauna are being seriously depleted and that some of them are
threatened with extinction;
Aware that the conservation of natural
habitats is a vital component of the protection and conservation
of wild flora and fauna;
Recognising that the conservation of wild
flora and fauna should be taken into consideration by the
governments in their national goals and programmes, and that
international co-operation should be established to protect
migratory species in particular;
Bearing in mind the widespread requests for
common action made by governments or by international bodies, in
particular the requests expressed by the United Nations
Conference on the Human Environment 1972 and the Consultative
Assembly of the Council of Europe;
Desiring particularly to follow, in the
field of wildlife conservation, the recommendations of Resolution
No. 2 of the Second European Ministerial Conference on the
Environment,
Have agreed as follows:
Chapter I - General provisions
Article 1
- The aims of this Convention are to
conserve wild flora and fauna and their natural habitats,
especially those species and habitats whose conservation
requires the co-operation of several States, and to
promote such co-operation.
- Particular emphasis is given to
endangered and vulnerable species, including endangered
and vulnerable migratory species.
Article 2
- The Contracting Parties shall take
requisite measures to maintain the population of wild
flora and fauna at, or adapt it to, a level which
corresponds in particular to ecological, scientific and
cultural requirements, while taking account of economic
and recreational requirements and the needs of
sub-species, varieties or forms at risk locally.
Article 3
- Each Contracting Party shall take
steps to promote national policies for the conservation
of wild flora, wild fauna and natural habitats, with
particular attention to endangered and vulnerable
species, especially endemic ones, and endangered
habitats, in accordance with the provisions of this
Convention.
- Each Contracting Party undertakes, in
its planning and development policies and in its measures
against pollution, to have regard to the conservation of
wild flora and fauna.
- Each Contracting Party shall promote
education and disseminate general information on the need
to conserve species of wild flora and fauna and their
habitats.
Chapter II - Protection of habitats
Article 4
- 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 and II, and the
conservation of endangered natural habitats.
- The Contracting Parties in their
planning and development policies shall have regard to
the conservation requirements of the areas protected
under the preceding paragraph, so as to avoid or minimise
as far as possible any deterioration of such areas.
- The Contracting Parties undertake to
give special attention to the protection of areas that
are of importance for the migratory species specified in
Appendices II and III and which are appropriately
situated in relation to migration routes, as wintering,
staging, feeding, breeding or moulting areas.
- The Contracting Parties undertake to
co-ordinate as appropriate their efforts for the
protection of the natural habitats referred to in this
article when these are situated in frontier areas.
Chapter III - Protection of species
Article 5
- Each Contracting Party shall take
appropriate and necessary legislative and administrative
measures to ensure the special protection of the 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.
Article 6
- Each Contracting Party shall take
appropriate and necessary legislative and administrative
measures to ensure the special protection of the wild
fauna species specified in Appendix II. The following
will in particular be prohibited for these species:
- (a) all forms of deliberate
capture and keeping and deliberate killing;
(b) the deliberate damage to or
destruction of breeding or resting sites;
(c) the deliberate
disturbance of wild fauna, particularly during
the period of breeding, rearing and hibernation,
insofar as disturbance would be significant in
relation to the objectives of this Convention;
(d) the deliberate
destruction or taking of eggs from the wild or
keeping these eggs even if empty;
(e) the possession of and
internal trade in these animals, alive or dead,
including stuffed animals and any readily
recognisable part or derivative thereof, where
this would contribute to the effectiveness of the
provisions of this article.
Article 7
- Each Contracting Party shall take
appropriate and necessary legislative and administrative
measures to ensure the protection of the wild fauna
species specified in Appendix III.
- Any exploitation of wild fauna
specified in Appendix III
shall be regulated in order to keep the populations out
of danger, taking into account the requirements of
Article 2.
- Measures to be taken shall include:
- (a) closed seasons and/or
other procedures regulating the exploitation;
(b) the temporary or local
prohibition of exploitation, as appropriate, in
order to restore satisfactory population levels;
(c) the regulation as
appropriate of sale, keeping for sale, transport
for sale or offering for sale of live and dead
wild animals.
Article 8
- In respect of the capture or killing
of wild fauna species specified in Appendix III and in cases where, in accordance with
Article 9, exceptions are applied to species specified in
Appendix
II, Contracting Parties
shall prohibit the use of all indiscriminate means of
capture and killing and the use of all means capable of
causing local disappearance of, or serious disturbance
to, populations of a species, and in particular, the
means specified in Appendix IV.
Article 9
- Each Contracting Party may make
exceptions from the provisions of Articles 4, 5, 6, 7 and
from the prohibition of the use of the means mentioned in
Article 8 provided that there is no other satisfactory
solution and that the exception will not be detrimental
to the survival of the population concerned:
- for the protection of flora
and fauna;
- to prevent serious damage to
crops, livestock, forests, fisheries, water and
other forms of property;
- in the interests of public
health and safety, air safety or other overriding
public interests;
- for the purposes of research
and education, of repopulation, of reintroduction
and for the necessary breeding;
- to permit, under strictly
supervised conditions, on a selective basis and
to a limited extent, the taking, keeping or other
judicious exploitation of certain wild animals
and plants in small numbers.
- The Contracting Parties shall report
every two years to the Standing Committee on the
exceptions made under the preceding paragraph. These
reports must specify:
- the populations which are or
have been subject to the exceptions and, when
practical, the number of specimens involved;
- the means authorised for the
killing or capture;
- the conditions of risk and the
circumstances of time and place under which such
exceptions were granted;
- the authority empowered to
declare that these conditions have been
fulfilled, and to take decisions in respect of
the means that may be used, their limits and the
persons instructed to carry them out;
- the controls involved.
Chapter IV - Special provisions for
migratory species
Article 10
- The Contracting Parties undertake, in
addition to the measures specified in Articles 4, 6, 7
and 8, to co-ordinate their efforts for the protection of
the migratory species specified in Appendices II and III
whose range extends into their territories.
- The Contracting Parties shall take
measures to seek to ensure that the closed seasons and/or
other procedures regulating the exploitation established
under paragraph 3.a of Article 7 are adequate and
appropriately disposed to meet the requirements of the
migratory species specified in Appendix III.
Chapter V - Supplementary provisions
Article 11
- In carrying out the provisions of this
Convention, the Contracting Parties undertake:
- Each Contracting Party undertakes:
- Each Contracting Party shall inform
the Standing Committee of the species receiving complete
protection on its territory and not included in
Appendices I and II.
Article 12
- The Contracting Parties may adopt
stricter measures for the conservation of wild flora and
fauna and their natural habitats than those provided
under this Convention.
Chapter VI - Standing Committee
Article 13
- For the purposes of this Convention, a
Standing Committee shall be set up.
- Any Contracting Party may be
represented on the Standing Committee by one or more
delegates. Each delegation shall have one vote. Within
the areas of its competence, the European Economic
Community shall exercise its right to vote with a number
of votes equal to the number of its member States which
are Contracting Parties to this Convention; the European
Economic Community shall not exercise its right to vote
in cases where the member States concerned exercise
theirs, and conversely.
- Any member State of the Council of
Europe which is not a Contracting Party to the Convention
may be represented on the Committee as an observer.
The Standing Committee may, by unanimous
decision, invite any non-member State of the Council of
Europe which is not a Contracting Party to the Convention
to be represented by an observer at one of its meetings.
Any body or agency technically
qualified in the protection, conservation or management
of wild fauna and flora and their habitats, and belonging
to one of the following categories:
may inform the Secretary General of
the Council of Europe, at least three months before the
meeting of the Committee, of its wish to be represented
at that meeting by observers. They shall be admitted
unless, at least one month before the meeting, one-third
of the Contracting Parties have informed the Secretary
General of their objection.
- The Standing Committee shall be
convened by the Secretary General of the Council of
Europe. Its first meeting shall be held within one year
of the date of the entry into force of the Convention. It
shall subsequently meet at least every two years and
whenever a majority of the Contracting Parties so
request.
- A majority of the Contracting Parties
shall constitute a quorum for holding a meeting of the
Standing Committee.
- Subject to the provisions of this
Convention, the Standing Committee shall draw up its own
Rules of Procedure.
Article 14
- The Standing Committee shall be
responsible for following the application of this
Convention. It may in particular:
- keep under review the
provisions of this Convention, including its
appendices, and examine any modifications
necessary;
- make recommendations to the
Contracting Parties concerning measures to be
taken for the purposes of this Convention;
- recommend the appropriate
measures to keep the public informed about the
activities undertaken within the framework of
this Convention;
- make recommendations to the
Committee of Ministers concerning non-member
States of the Council of Europe to be invited to
accede to this Convention;
- make any proposal for
improving the effectiveness of this Convention,
including proposals for the conclusion, with the
States which are not Contracting Parties to the
Convention, of agreements that would enhance the
effective conservation of species or groups of
species.
- In order to discharge its functions,
the Standing Committee may, on its own initiative,
arrange for meetings of groups of experts.
Article 15
- After each meeting, the Standing
Committee shall forward to the Committee of Ministers of
the Council of Europe a report on its work and on the
functioning of the Convention.
Chapter VII - Amendments
Article 16
- Any amendment to the articles of this
Convention proposed by a Contracting Party or the
Committee of Ministers shall be communicated to the
Secretary General of the Council of Europe and forwarded
by him at least two months before the meeting of the
Standing Committee to the member States of the Council of
Europe, to any signatory, to any Contracting Party, to
any State invited to sign this Convention in accordance
with the provisions of Article 19 and to any State
invited to accede to it in accordance with the provisions
of Article 20.
- Any amendment proposed in accordance
with the provisions of the preceding paragraph shall be
examined by the Standing Committee which:
- (a) for amendments to Articles
1 to 12, shall submit the text adopted by a
three-quarters majority of the votes cast to the
Contracting Parties for acceptance;
(b) for amendments to Articles 13 to
24, shall submit the text adopted by a
three-quarters majority of the votes cast to the
Committee of Ministers for approval. After its
approval, this text shall be forwarded to the
Contracting Parties for acceptance.
- Any amendment shall enter into force
on the thirtieth day after all the Contracting Parties
have informed the Secretary General that they have
accepted it.
- The provisions of paragraphs 1, 2.a
and 3 of this article shall apply to the adoption of new
appendices to this Convention.
Article 17
- Any amendment to the appendices of
this Convention proposed by a Contracting Party or the
Committee of Ministers shall be communicated to the
Secretary General of the Council of Europe and forwarded
by him at least two months before the meeting of the
Standing Committee to the member States of the Council of
Europe, to any signatory, to any Contracting Party, to
any State invited to sign this Convention in accordance
with the provisions of Article 19 and to any State
invited to accede to it in accordance with the provisions
of Article 20.
- Any amendment proposed in accordance
with the provisions of the preceding paragraph shall be
examined by the Standing Committee, which may adopt it by
a two-thirds majority of the Contracting Parties. The
text adopted shall be forwarded to the Contracting
Parties.
- Three months after its adoption by the
Standing Committee and unless one-third of the
Contracting Parties have notified objections, any
amendment shall enter into force for those Contracting
Parties which have not notified objections.
Chapter VIII - Settlement of disputes
Article 18
- The Standing Committee shall use its
best endeavours to facilitate a friendly settlement of
any difficulty to which the execution of this Convention
may give rise.
- Any dispute between Contracting
Parties concerning the interpretation or application of
this Convention which has not been settled on the basis
of the provisions of the preceding paragraph or by
negotiation between the parties concerned shall, unless
the said parties agree otherwise, be submitted, at the
request of one of them, to arbitration. Each party shall
designate an arbitrator and the two arbitrators shall
designate a third arbitrator. Subject to the provisions
of paragraph 3 of this article, if one of the parties has
not designated its arbitrator within the three months
following the request for arbitration, he shall be
designated at the request of the other party by the
President of the European Court of Human Rights within a
further three months' period. The same procedure shall be
observed if the arbitrators cannot agree on the choice of
the third arbitrator within the three months following
the designation of the two first arbitrators.
- In the event of a dispute between two
Contracting Parties one of which is a member State of the
European Economic Community, the latter itself being a
Contracting Party, the other Contracting Party shall
address the request for arbitration both to the member
State and to the Community, which jointly shall notify
it, within two months of receipt of the request, whether
the member State or the Community, or the member and the
Community jointly, shall be party to the dispute. In the
absence of such notification within the said time limit,
the member State and the Community shall be considered as
being one and the same party to the dispute for the
purposes of the application of the provisions governing
the constitution and procedure of the arbitration
tribunal. The same shall apply when the member State and
the Community jointly present themselves as party to the
dispute.
- The arbitration tribunal shall draw up
its own Rules of Procedure. Its decisions shall be taken
by majority vote. Its award shall be final and binding.
- Each party to the dispute shall bear
the expenses of the arbitrator designated by it and the
parties shall share equally the expenses of the third
arbitrator, as well as other costs entailed by the
arbitration.
Chapter IX - Final provisions
Article 19
- This Convention shall be open for
signature by the member States of the Council of Europe
and non-member States which have participated in its
elaboration and by the European Economic Community.
Up until the date when the Convention enters
into force, it shall also be open for signature by any
other State so invited by the Committee of Ministers.
The Convention is subject to
ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited
with the Secretary General of the Council of Europe.
- The Convention shall enter into force
on the first day of the month following the expiry of a
period of three months after the date on which five
States, including at least four member States of the
Council of Europe, have expressed their consent to be
bound by the Convention in accordance with the provisions
of the preceding paragraph.
- In respect of any signatory State or
the European Economic Community which subsequently
express their consent to be bound by it, the Convention
shall enter into force on the first day of the month
following the expiry of a period of three months after
the date of the deposit of the instrument of
ratification, acceptance or approval.
Article 20
- After the entry into force of this
Convention, the Committee of Ministers of the Council of
Europe, after consulting the Contracting Parties, may
invite to accede to the Convention any non-member State
of the Council which, invited to sign in accordance with
the provisions of Article 19, has not yet done so, and
any other non-member State.
- In respect of any acceding State, the
Convention shall enter into force on the first day of the
month following the expiry of a period of three months
after the date of the deposit of the instrument of
accession with the Secretary General of the Council of
Europe.
Article 21
- Any State may, at the time of
signature or when depositing its instrument of
ratification, acceptance, approval or accession, specify
the territory or territories to which this Convention
shall apply.
- Any Contracting Party may, when
depositing its instrument of ratification, acceptance,
approval or accession or at any later date, by
declaration addressed to the Secretary General of the
Council of Europe, extend the application of this
Convention to any other territory specified in the
declaration and for whose international relations it is
responsible or on whose behalf it is authorised to give
undertakings.
- Any declaration made under the
preceding paragraph may, in respect of any territory
mentioned in such declaration, be withdrawn by
notification addressed to the Secretary General. Such
withdrawal shall become effective on the first day of the
month following the expiry of a period of six months
after the date of receipt of the notification by the
Secretary General.
Article 22
- Any State may, at the time of
signature or when depositing its instrument of
ratification, acceptance, approval or accession, make one
or more reservations regarding certain species specified
in Appendices I to III and/or, for certain species
mentioned in the reservation or reservations, regarding
certain means or methods of killing, capture and other
exploitation listed in Appendix IV.
No reservations of a general nature may be made.
- Any Contracting Party which extends
the application of this Convention to a territory
mentioned in the declaration referred to in paragraph 2
of Article 21 may, in respect of the territory concerned,
make one or more reservations in accordance with the
provisions of the preceding paragraph.
- No other reservation may be made.
- Any Contracting Party which has made a
reservation under paragraphs 1 and 2 of this article may
wholly or partly withdraw it by means of a notification
addressed to the Secretary General of the Council of
Europe. Such withdrawal shall take effect as from the
date of receipt of the notification by the Secretary
General.
Article 23
- Any Contracting Party may, at any
time, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of
Europe.
- Such denunciation shall become
effective on the first day of the month following the
expiry of a period of six months after the date of
receipt of the notification by the Secretary General.
Article 24
- The Secretary General of the Council
of Europe shall notify the member States of the Council
of Europe, any signatory State, the European Economic
Community if a signatory of this Convention and any
Contracting Party of:
- (a) any signature;
(b) the deposit of any instrument of
ratification, acceptance, approval or accession;
(c) any date of entry into
force of this Convention in accordance with
Articles 19 and 20;
(d) any information
forwarded under the provisions of paragraph 3 of
Article 13;
(e) any report established
in pursuance of the provisions of Article 15;
(f) any amendment or any
new appendix adopted in accordance with Articles
16 and 17 and the date on which the amendment or
new appendix comes into force;
(g) any declaration made
under the provisions of paragraphs 2 and 3 of
Article 21;
(h) any reservation made
under the provisions of paragraphs 1 and 2 of
Article 22;
(i)the withdrawal of any
reservation carried out under the provisions of
paragraph 4 of Article 22;
(j) any notification made
under the provisions of Article 23 and the date
on which the denunciation takes effect.
In witness whereof the undersigned,
being duly authorised thereto, have signed this
Convention.
Done at Bern, this 19th day of
September 1979, in English and French, both texts being
equally authentic, in a single copy which shall be
deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of
Europe, to any signatory State, to the European Economic
Community if a signatory and to any State invited to sign
this Convention or to accede thereto.
For more information on the Bern
Convention you may contact :
Eladio Fernandez-Galiano/ Bern Convention Secretariat
Council of Europe
F 67000 STRASBOURG France
Tel (33) 88 41 22 59
Fax (33) 88 41 27 84
E-mail: eladio.fernandez-galiano@coe.int
Text of the Convention and
all working documents available on request in English and French
European Centre for Nature Conservation
This document was first published on the Web by ECNC for the
Council of Europe in March 1996.
Last revision: 3 December 1996
Last modification: 28 May 1999