Berne Convention on the Conservation of European Wildlife and Natural Habitats

The Bern Convention on the Conservation of European Wildlife and Natural Habitats, also known as the Bern Convention (or Berne Convention), is a binding international legal instrument in the field of Nature Conservation, it covers the natural heritage in Europe, as well as in some African countries. The Convention was open for signature on 19 September 1979 and came into force on 1 June 1982. It is particularly concerned about protecting natural habitats and endangered species, including migratory species.

For other uses of "Berne Convention", see Berne Convention (disambiguation).

Bern Convention or Berne Convention
Signed19 September 1979
LocationBern
Effective1 June 1982
Condition5 ratifications
Parties51
DepositaryCouncil of Europe
LanguageEnglish, French, Italian, Russian and German
www.coe.int/t/dg4/cultureheritage/nature/bern/default_en.asp

Aims and objectives

The convention has three main aims, which are stated in Article 1:[1]

  • to conserve wild flora and fauna and their natural habitats
  • to promote cooperation between states
  • to give particular attention to endangered and vulnerable species including endangered and vulnerable migratory species

Structure

The convention is divided into:

Preamble
Because this convention has a special nature, which is to include the maximum number of signatures possible, it included the eventual signing by non-members of the Council of Europe: "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,...”[1]
Chapter I – General provisions
This chapter contains three articles, where it is stated the three aims of the Convention and general obligations of the Contracting Parties.
Chapter II – Protection of habitats
Here are set out the obligations of the Contracting Parties concerning the conservation of the habitats.
Chapter III – Protection of species
This chapter contains the obligations of the Contracting Parties regarding the Appendices I, II, III and IV and the exceptions of these obligations.
Chapter IV – Special provisions for migratory species
This chapter contains the obligations of the Contracting Parties regarding migratory species.
Chapter V – Supplementary provisions
This chapter contains supplementary obligations of the Contracting Parties, concerning co-operation, research, reintroduction and introduction of species.
Chapter VI – Standing Committee
This chapter settles the functioning procedure of the Standing Committee and their tasks.
Chapter VII – Amendments
This chapter contains the procedure of amendments regarding articles and Appendices of the Convention.
Chapter VIII – Settlement of disputes
This chapter contains the procedure of the arbitration of any disputes that could arise between Contracting Parties.
Chapter IX – Final provisions
This chapter contains the final arrangements of the Convention.
Appendices
Four appendices set out particular species for protection. They are regularly updated by the Standing Committee, who are advised by a number of Expert Groups:
  • Appendix I – Strictly protected flora species
  • Appendix II – Strictly protected fauna species
  • Appendix III – Protected fauna species
  • Appendix IV – Prohibited means and methods of killing, capture and other exploitation

Ratifying states
States that have ratified the Bern Convention

Member States of the Council of Europe, status as of April 28, 2018

[2]
StateSignatureRatificationEntry into force
Albania31 October 199513 January 19991 May 1999
Andorra11 May 200013 October 20001 February 2001
Armenia13 March 200614 April 20081 August 2008
Austria19 September 19792 May 19831 September 1983
Azerbaijan28 March 2000 a1 July 2000
Belgium19 September 197924 August 19901 December 1990
Bosnia and Herzegovina17 November 200817 November 20081 March 2009
Bulgaria31 January 1991 a1 May 1991
Croatia3 November 19993 July 20001 November 2000
Cyprus21 October 198116 May 19881 September 1988
Czech Republic8 October 199725 February 19981 June 1998
Denmark19 September 19798 September 19821 January 1983
Estonia3 August 1992 a1 December 1992
Finland19 September 19799 December 19851 April 1986
France19 September 197926 April 19901 August 1990
Georgia18 May 200919 November 20091 March 2010
Germany19 September 197913 December 19841 April 1985
Greece19 September 197913 June 19831 October 1983
Hungary16 November 1989 a1 March 1990
Iceland17 June 199317 June 19931 October 1993
Ireland19 September 197923 April 19821 August 1982
Italy19 September 197911 February 19821 June 1982
Latvia23 January 199723 January 19971 May 1997
Liechtenstein19 September 197930 October 19801 June 1982
Lithuania28 September 19945 September 19961 January 1997
Luxembourg19 September 197923 March 19821 July 1982
Malta26 November 199326 November 19931 March 1994
Moldova24 May 1994 a1 September 1994
Monaco7 February 1994 a1 June 1994
Montenegro3 March 20091 October 20091 February 2010
Netherlands19 September 197928 October 19801 June 1982
Norway19 September 197927 May 19861 September 1986
Poland24 March 199513 September 19951 January 1996
Portugal19 September 19793 February 19821 June 1982
Romania18 May 1993 a1 September 1993
Serbia9 January 20089 January 20081 May 2008
Slovakia28 April 199423 September 19961 January 1997
Slovenia20 October 199829 September 19991 January 2000
Spain19 September 197927 May 19861 September 1986
Sweden19 September 197914 June 19831 October 1983
Switzerland19 September 197912 March 19811 June 1982
Republic of Macedonia17 December 199817 December 19981 April 1999
Turkey19 September 19792 May 19841 September 1984
Ukraine17 August 19985 January 19991 May 1999
United Kingdom19 September 197928 May 19821 September 1982

States not members of the Council of Europe

StateSignatureRatificationEntry into force
Belarus19 February 2013 a1 June 2013
Burkina Faso14 June 1990 a1 October 1990
Morocco25 April 2001 a1 August 2001
Senegal13 April 1987 a1 August 1987
Tunisia12 January 1996 a1 May 1996

International Organisations

OrganisationsSignatureRatificationEntry into force
European Union19 September 19797 May 19821 September 1982

Algeria, Cape Verde, the Holy See, San Marino and Russia are among non-signatories that have observer status at meetings of the committee.

The convention led to the creation in 1998 of the Emerald network of Areas of Special Conservation Interest (ASCIs) throughout the territory of the parties to the convention, which operates alongside the European Union's Natura 2000[3] programme.

Duties of contracting parties

All countries that have signed the convention must:[1]

  • promote national conservation policies
  • promote measures against pollution
  • promote educational and informative measures
  • co-ordinate efforts to protect migratory species
  • establish legislative and administrative measures

Monitoring the implementation of the convention

To achieve successfully the aims of this Convention, a number of monitoring devices were implemented.

Reporting system
  • Compulsory biannual reports
  • Voluntary general reports (every four years)
  • Legal reports (one country per year)
  • National reports
  • Follow-up of recommendations[4]

Groups of experts

The chosen experts are in charge of monitoring the implementation of the Standing Committee recommendation regarding species and habitats, as well as doing their own recommendations about specific conservation problems.[4]

Case-file system

The system is based in complaints for possible non-compliance or other problems related with the provisions of the Convention. These complaints are processed by the Secretariat, the Bureau and the Standing Committee and when they feel there is the need for further information, on-the-spot visits by independent experts can be arranged.[5]

See also

References
  1. Council of Europe, 1979. Convention on the Conservation of European Wildlife and Natural Heritage. Bern, Switzerland. Available at: http://conventions.coe.int/Treaty/EN/Treaties/Html/104.htm
  2. Treaty Office (Reference ETS number 104), permalink on https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/104/signatures/
  3. "Bern". jncc.defra.gov.uk.
  4. Council of Europe. Nature Convention on the conservation of European wildlife and natural habitats. Available at: http://www.coe.int/t/dg4/cultureheritage/nature/bern/default_en.asp
  5. Council of Europe. Nature Convention on the conservation of European wildlife and natural habitats. Available at:http://www.coe.int/t/dg4/cultureheritage/nature/bern/default_en.asp
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