Bern Convention
Bern Convention
NATURAL HABITATS
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 etinction ;
!ware 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 ta"en 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 ;
#earing in mind the widespread re$uests for common action made by governments or by international bodies, in
particular the re$uests epressed by the %nited Nations Conference on the &uman Environment '()* and the
Consultative !ssembly of the Council of Europe ;
+esiring particularly to follow, in the field of wildlife conservation, the recommendations of Resolution No, * of the
Second European -inisterial Conference on the Environment,
&ave 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 re$uires the co-operation of several States, and to promote such co-operation,
*, .articular emphasis is given to endangered and vulnerable species, including endangered and vulnerable migratory
species,
Article 2
The Contracting .arties shall ta"e re$uisite 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 re$uirements, while ta"ing account of
economic and recreational re$uirements and the needs of sub-species, varieties or forms at ris" locally,
Article 3
', Each Contracting .arty shall ta"e 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 .arty underta"es, 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 .arty shall promote education and disseminate general information on the need to conserve
species of wild flora and fauna and their habitats,
CHAPTER II
Protetion o! "a#itats
Article 4
', Each Contracting .arty shall ta"e 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 !ppendices 0 and 00,
and the conservation of endangered natural habitats,
*, The Contracting .arties in their planning and development policies shall have regard to the conservation
re$uirements of the areas protected under the preceding paragraph, so as to avoid or minimise as far as possible any
deterioration of such areas,
/, The Contracting .arties underta"e to give special attention to the protection of areas that are of importance for the
migratory species specified in !ppendices 00 and 000 and which are appropriately situated in relation to migration
routes, as wintering, staging, feeding, breeding or moulting areas,
1, The Contracting .arties underta"e to co-ordinate as appropriate their efforts for the protection of the natural habitats
referred to in this !rticle when these are situated in frontier areas,
CHAPTER III
Protetion o! s$eies
Article 5
Each Contracting .arty shall ta"e appropriate and necessary legislative and administrative measures to ensure the
special protection of the wild flora species specified in !ppendi 0, +eliberate pic"ing, collecting, cutting or uprooting
of such plants shall be prohibited, Each Contracting .arty shall, as appropriate, prohibit the possession or sale of these
species,
Article 6
Each Contracting .arty shall ta"e appropriate and necessary legislative and administrative measures to ensure the
special protection of the wild fauna species specified in !ppendi 00, The following will in particular be prohibited for
these species 2
a3 all forms of deliberate capture and "eeping and deliberate "illing ;
b3 the deliberate damage to or destruction of breeding or resting sites ;
c3 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 ob4ectives of this Convention ;
d3 the deliberate destruction or ta"ing of eggs from the wild or "eeping these eggs even if empty ;
e3 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
!rticle,
Article 7
', Each Contracting .arty shall ta"e appropriate and necessary legislative and administrative measures to ensure the
protection of the wild fauna species specified in !ppendi 000,
*, !ny eploitation of wild fauna specified in !ppendi 000 shall be regulated in order to "eep the populations out of
danger, ta"ing into account the re$uirements of !rticle *,
/, -easures to be ta"en shall include 2
a3 closed seasons and5or other procedures regulating the eploitation ;
b3 the temporary or local prohibition of eploitation, as appropriate, in order to restore satisfactory population
levels ;
c3 the regulation as appropriate of sate, "eeping for sale, transport for sale or offering for sale of live and dead wild
animals,
Article 8
0n respect of the capture or "illing of wild fauna species specified in !ppendi 000 and in cases where, in
accordance with !rticle (, eceptions are applied to species specified in !ppendi 00, Contracting .arties shall prohibit
the use of all indiscriminate means of capture and "illing 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 !ppendi
06,
Article 9
', Each Contracting .arty may ma"e eceptions from the provisions of !rticles 1, 7, 8, ) and from the prohibition of
the use of the means mentioned in !rticle 9 provided that there is no other satisfactory solution and that the eception
will not be detrimental to the survival of the population concerned 2
- for the protection of flora and fauna ;
- to prevent serious damage to crops, livestoc", forests, fisheries, water and other forms of property ;
- in the interests of public health and safety, air safety or other overriding public interests 2
- 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 etent, the ta"ing, "eeping or
other 4udicious eploitation of certain wild animals and plants in small numbers,
*, The Contracting .arties shall report every two years to the Standing Committee on the eceptions made under the
preceding paragraph, These reports must specify 2
- the populations which are or have been sub4ect to the eceptions and, when practical, the number of specimens
involved ;
- the means authorised for the "illing or capture ;
- the conditions of ris" and the circumstances of time and place under which such eceptions were granted
- the authority empowered to declare that these conditions have been fulfilled, and to ta"e 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
S$eial $rovisions !or %i&rator' s$eies
Article 10
', The Contracting .arties underta"e, in addition to the measures specified in !rticles 1, 8, ) and 9, to co-ordinate their
efforts for the protection of the migratory species specified in !ppendices 00 and 000 whose range etends into their
territories,
*, The Contracting .arties shall ta"e measures to see" to ensure that the closed seasons and5or other procedures
regulating the eploitation established under paragraph /,a of !rticle ) are ade$uate and appropriately disposed to meet
the re$uirements of the migratory species specified in !ppendi 000,
CHAPTER V
S($$le%entar' $rovisions
Article 11
', 0n carrying out the provisions of this Convention, the Contracting .arties underta"e2
a3 to co-operate whenever appropriate and in particular where this would enhance the effectiveness of measures
ta"en under other articles of this Convention ;
b3 to encourage and co-ordinate research related to the purposes of this Convention,
*, Each Contracting .arty underta"es2
c3 to encourage the reintroduction of native species of wild flora and fauna when this would contribute to the
conservation of an endangered species, provided that a study is first made in the light of the eperiences of other
Contracting .arties to establish that such reintroduction would be effective and acceptable ;
d3 to strictly control the introduction of non-native species,
/, Each Contracting .atty shall inform the Standing Committee of the species receiving complete protection on its
territory and not included in !ppendices 0 and 00,
Article 12
The Contracting .arties may adopt stricter measures for the conservation of wild flora and fauna and their natural
habitats than those provided under this Convention,
CHAPTER VI
Stan)in& Co%%ittee
Article 13
', :or the purposes of this Convention, a Standing Committee shall be set up,
*, !ny Contracting .arty may be represented on the Standing Committee by one or more delegates, Each delegation
shall have one vote, ;ithin the areas of its competence, the European Economic Community shall eercise its right to
vote with a number of votes e$ual to the number of its member States which are Contracting .arties to this Convention
; the European Economic Community shall not eercise its right to vote in cases where the member States concerned
eercise theirs, and conversely,
/, !ny member State of the Council of Europe which is not a Contracting .arty 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 .arty to the Convention to be represented by an observer at one of its meetings,
!ny body or agency technically $ualified in the protection, conservation or management of wild fauna and flora and
their habitats, and belonging to one of the following categories2
a3 international agencies or bodies, either governmental or non-governmental, and national governmental agencies
or bodies ;
b3 national non-governmental agencies or bodies which have been approved for this purpose by the State in which
they are located,
may inform the Secretary <eneral of the Council of Europe, at least three months before the meeting of the
Committee, of its wish to be represented at that meeting by observers, They shall be admitted unless, at least one
month before the meeting, one-third of the Contracting .atties have informed the Secretary <eneral of their ob4ection,
1, The Standing Committee shall be convened by the Secretary <eneral of the Council of Europe, 0ts first meeting shall
be held within one year of the date of the entry into force of the Convention, 0t shall subse$uently meet at least every
two years and whenever a ma4ority of the Contracting .arties so re$uest,
7, ! ma4ority of the Contracting .arties shall constitute a $uorum for holding a meeting of the Standing Committee,
8, Sub4ect to the provisions of this Convention, the Standing Committee shall draw up its own Rules of .rocedure,
Article 14
', The Standing Committee shall be responsible for following the application of this Convention, 0t may in particular
- "eep under review the provisions of this Convention, including its !ppendices, and eamine any modifications
necessary ;
- ma"e recommendations to the Contracting .arties concerning measures to be ta"en for the purposes of this
Convention ;
- recommend the appropriate measures to "eep the public informed about the activities underta"en within the
framewor" of this Convention ;
- ma"e recommendations to the Committee of -inisters concerning non-member States of the Council of Europe
to be invited to accede to this Convention ;
- ma"e any proposal for improving the effectiveness of this Convention, including proposals for the conclusion,
with the States which are not Contracting .arties to the Convention, of agreements that would enhance the
effective conservation of species or groups of species,
*, 0n order to discharge its functions, the Standing Committee may, on its own initiative, arrange for meetings of
groups of eperts,
Article 15
!fter each meeting, the Standing Committee shall forward to the Committee of -inisters of the Council of Europe a
report on its wor" and on the functioning of the Convention,
CHAPTER VII
A%en)%ents
Article 16
', !ny amendment to the articles of this Convention proposed by a Contracting .arty or the Committee of -inisters
shall be communicated to the Secretary <eneral 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 .arty, to any State invited to sign this Convention in accordance with the provisions of !rticle '( and to
any State invited to accede to it in accordance with the provisions of !rticle *=,
*, !ny amendment proposed in accordance with the provisions of the preceding paragraph shall be eamined by the
Standing Committee which2
a3 for amendments to !rticles ' to '*, shall submit the tet adopted by a three$uarters ma4ority of the votes cast to
the Contracting .arties for acceptance ;
b3 for amendments to !rticles l/ to *1, shall submit the tet adopted by a three$uarters ma4ority of the votes cast to
the Committee of -inisters for approval, !fter its approval, this tet shall be forwarded to the Contracting .arties
for acceptance,
/, !ny amendment shall enter into force on the thirtieth day after all the Contracting .atties have informed the
Secretary <eneral that they have accepted it,
1, The provisions of paragraphs ', *,a and / of this !rticle shall apply to, the adoption of new !ppendices to this
Convention,
Article 17
', !ny amendment to the !ppendices of this Convention proposed by a Contracting .arty or the Committee of
-inisters shall be communicated to the Secretary <eneral of the Council of Europe and forwarded by him at least two
months before the meeting of the Standing Committee to the member States of the Council of Europe, to any signatory,
to any Contracting .arty, to any State invited to sign this Convention in accordance with the provisions of !rticle '(
and to any State invited to accede to it in accordance with the provisions of !rticle *=,
*, !ny amendment proposed in accordance with the provisions of the preceding paragraph shall be eamined by the
Standing Committee, which may adopt it by a two-thirds ma4ority of the Contracting .arties, The tet adopted shall be
forwarded to the Contracting .arties,
/, Three months after its adoption by the Standing Committee and unless one-third of the Contracting .arties have
notified ob4ections, any amendment shall enter into force for those Contracting .arties which have not notified
ob4ections,
CHAPTER VIII
Settle%ent o! )is$(tes
Article 18
', The Standing Committee shall use its best endeavours to facilitate a friendly settlement of any difficulty to which the
eecution of this Convention may give rise,
*, !ny dispute between Contracting .arties 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 re$uest of one of them, to arbitration,
Each party shall designate an arbitrator and the two arbitrators shall designate a third arbitrator, Sub4ect to the
provisions of paragraph / of this !rticle, if one of the parties has not designated its arbitrator within the three months
following the re$uest for arbitration, he shall be designated at the re$uest of the other party by the .resident of the
European Court of &uman Rights within a further three months> period, The same procedure shall be observed if the
arbitrators cannot agree on the choice of the third arbitrator within the three months following the designation of the
two first arbitrators,
/, 0n the event of a dispute between two Contracting .arties one of which is a member State of the European Economic
Community, the latter itself being a Contracting .arty, the other Contracting .arty shall address the re$uest for
arbitration both to the member State and to the Community, which 4ointly, shall notify it, within two months of receipt
of the re$uest, whether the member State or the Community, or the member and the Community 4ointly, shall be party
to the dispute, 0n the absence of such notification within the said time limit, the member State and the Community shall
be considered as being one and the same party to the dispute for the purposes of the application of the provisions
governing the constitution and procedure of the arbitration tribunal, The same shall apply when the member State and
the Community 4ointly present themselves as party to the dispute,
1, The arbitration tribunal shall draw up its own Rules of .rocedure, 0ts decisions shall be ta"en by ma4ority vote, 0ts
award shall be final and binding,
7, Each party to the dispute shall bear the epenses of the arbitrator designated by it and the parties shall share e$ually
the epenses of the third arbitrator, as well as other costs entailed by the arbitration,
CHAPTER I*
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,
%p 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 -inisters,
The Convention is sub4ect to ratification, acceptance or approval, 0nstruments of ratification, acceptance or approval
shall be deposited with the Secretary <eneral of the Council of Europe,
*, The Convention shall enter into force on the first day of the month following the epiry of a period of three months
after the date on which five States, including at lean four member States of the Council of Europe, have epressed their
consent to be bound by the Convention in accordance with the provisions of the preceding paragraph,
/, 0n respect of any signatory State or the European Economic Community which subse$uently epress their consent
to be bound by it, the Convention shall enter into force on the first day of the month following the epiry of a period of
three months after the date of the deposit of the instrument of ratification, acceptance or approval,
Article 20
', !fter the entry into force of this Convention, the Committee of -inisters of the Council of Europe, after consulting
the Contracting .arties, may invite to accede to the Convention any non-member State of the Council which, invited to
sign in accordance with the provisions of !rticle '(, has not yet done so, and any other non-member State,
*, 0n respect of any acceding State, the Convention shall enter into force on the first day of the month following the
epiry of a period of three months after the date of the deposit of the instrument of accession with the Secretary
<eneral of the Council of Europe,
Article 21
', !ny 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,
*, !ny Contracting .arty may, when depositing its instrument of ratification, acceptance, approval or accession or at
any later date, by declaration addressed to the Secretary <eneral of the Council of Europe, etend 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 underta"ings,
/, !ny declaration made under the preceding paragraph may, in respect of any territory mentioned in such declaration,
be withdrawn by notification addressed to the Secretary <eneral, Such withdrawal shall become effective on the first
day of the month following the epiry of a period of si months after the date of receipt of the notification by the
Secretary <eneral,
Article 22
', !ny State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or
accession, ma"e one or more reservations regarding certain species specified in !ppendices 0 to 000 and5or, for certain
species mentioned in the reservation or reservations, regarding certain means or methods of "illing, capture and other
eploitation listed in !ppendi 06, No reservations of a general nature may be made,
*, !ny Contracting .arty which etends the application of this Convention to a territory mentioned in the declaration
referred to in paragraph * of !rticle *' may, in respect of the territory concerned, ma"e one or more reservations in
accordance with the provisions of the preceding paragraph,
/, No other reservation may be made,
1, !ny Contracting .arty which has made a reservation under paragraphs ' and * of this !rticle may wholly or partly
withdraw it by means of a notification addressed to the Secretary <eneral of the Council of Europe, Such withdrawal
shall ta"e effect as from the date of receipt of the notification by the Secretary <eneral,
Article 23
', !ny Contracting .arty may, at any time, denounce this Convention by means of a notification addressed to the
Secretary <eneral of the Council of Europe,
*, Such denunciation shall become effective on the first day of the month following the epiry of a period of si
months after the date of receipt of the notification by the Secretary <eneral,
Article 24
The Secretary <eneral 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 .arty of 2
a3 any signature ;
b3 the deposit of any instrument of ratification, acceptance, approval or accession ;
c3 any date of entry into force of this Convention in accordance with !rticles '( and *=;
d3 any information forwarded under the provisions of paragraph / of !rticle '/ ;
e3 any report established in pursuance of the provisions of !rticle '7 ;
f3 any amendment or any new !ppendi adopted in accordance with !rticles '8 and ') and the date on
which the amendment or new !ppendi comes into force ;
g3 any declaration made under the provisions of paragraphs * and / of !rticle *' ;
h3 any reservation made under the provisions of paragraphs ' and * of !rticle ** ;
i3 the withdrawal of any reservation carried out under the provisions of paragraph 1 of !rticle ** ;
43 any notification made under the provisions of !rticle */ and the date on which the denunciation ta"es
effect,
0n witness whereof the undersigned, being duly authorised thereto, have signed this Convention,
+one at #ern, this '(th day of September '()( in English and :rench, both tets being e$ually authentic, in a
single copy which shall be deposited in the archives of the Council of Europe, The Secretary <eneral 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,