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1992: Agreement On The Conservation Of Small Cetaceans Of The Baltic And North Seas

Related Lineage is: Conservation Migratory Species
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  AGREEMENT ON THE CONSERVATION OF SMALL CETACEANS OF THE BALTIC AND NORTH SEAS  TITL  TITL 
Src.1  SRC: http://www.service-board.de/ascobans_neu/files/agreement1992.pdf, 20040525  SRC  SRC 
Pre.1  The Parties  DESC  DESC 
Pre.2  Recalling the general principles of conservation and sustainable use of natural resources, as reflected in the World Conservation Strategy of the International Union for the Conservation of Nature and Natural Resources, the United Nations Environment Programme, and the World Wide Fund for Nature, and in the report of the World Commission on Environment and Development,  RELA  RELA 
Pre.3  Recognizing that by-catches, habitat deterioration and disturbance may adversely affect these populations,     
Pre.4  Convinced that small cetaceans are and should remain an integral part of marine ecosystems,     
Pre.5  Aware that the population of harbour porpoises of the Baltic Sea has drastically decreased,     
Pre.6  Concerned about the status of small cetaceans in the Baltic and North Seas,     
Pre.7  Recognizing that their vulnerable and largely unclear status merits immediate attention in order to improve it and to gather information as a basis for sound decisions on management and conservation,     
Pre.8  Confident that activities for that purpose are best coordinated between the States concerned in order to increase efficiency and avoid duplicate work,     
Pre.9  Aware of the importance of maintaining maritime activities such as fishing,     
Pre.10  Recalling that under the Convention on the Conservation of Migratory Species of Wild Animals (Bonn 1979),  RELA  RELA 
Pre.11  Parties are encouraged to conclude agreements on wild animals which periodically cross national jurisdictional boundaries,     
Pre.12  Recalling also that under the provisions of the Convention on the Conservation of European Wildlife and Natural Habitats (Berne 1979), all small cetaceans regularly present in the Baltic and North Seas are listed in its Appendix II as strictly protected species, and  RELA  RELA 
Pre.13  Referring to the Memorandum of Understanding on Small Cetaceans in the North Sea signed by the Ministers present at the Third International Conference on the Protection of the North Sea,  RELA  RELA 
Pre.14  have agreed as follows:     
Art.1  1. Scope and interpretation  SCOP DEFN  SCOP DEFN 
Art.1.1  1.1. This agreement shall apply to all small cetaceans found within the area of the agreement.     
Art.1.2  1.2. For the purpose of this agreement:     
Art.1.2.a  (a) "Small cetaceans" means any species, subspecies or population of toothed whales Odontoceti, except the sperm whale Physeter macrocephalus;     
Art.1.2.b  (b) "Area of the agreement" means the marine environment of the Baltic and North Seas, as delimited to the north-east by the shores of the Gulfs of Bothnia and Finland; to the south-west by latitude 48° 30' N and longitude 5° W; to the north-west by longitude 5° W and a line drawn through the following points: latitude 60° N/ longitude 5° W, latitude 61° N/ longitude 4° W, and latitude 62° N/ longitude 3° W; to the north by latitude 62° N; and including the Kattegat and the Sound and Belt passages but excluding the waters between Cape Wrath and St Anthony Head;     
Art.1.2.c  (c) "Bonn Convention" means the Convention on the Conservation of Migratory Species of Wild Animals (Bonn 1979);     
Art.1.2.d  (d) "Regional Economic Integration Organization" means an organization constituted by sovereign States which has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this agreement;     
Art.1.2.e  (e) "Party" means a range State or any Regional Economic Integration Organization for which this agreement is in force;     
Art.1.2.f  (f) "Range State" means any State, whether or not a Party to the agreement, that exercises jurisdiction over any part of the range of a species covered by this agreement, or a State whose flag vessels, outside national jurisdictional limits but within the area of the agreement, are engaged in operations adversely affecting small cetaceans;     
Art.1.2.g  (g) "Secretariat" means, unless the context otherwise indicates, the Secretariat to this agreement.     
Art.2  2. Purpose and basic arrangements  SUBS NATBS SECS SBS  GOAL SUBS NATBS SECS SBS 
Art.2.1  2.1. The Parties undertake to cooperate closely in order to achieve and maintain a favourable conservation status for small cetaceans.     
Art.2.2  2.2. In particular, each Party shall apply within the limits of its jurisdiction and in accordance with its international obligations, the conservation, research and management measures prescribed in the Annex.  ATTACH SCIR  ATTACH 
Art.2.3  2.3. Each Party shall designate a Coordinating Authority for activities under this agreement.     
Art.2.4  2.4. The Parties shall establish a Secretariat and an Advisory Committee not later that at their first Meeting.     
Art.2.5  2.5. A brief report shall be submitted by each Party to the Secretariat not later than 31 March each year, commencing with the first complete year after the entry into force of the agreement for that Party. The report shall cover progress made and difficulties experienced during the past calendar year in implementing the agreement.  INFO  INFO 
Art.2.6  2.6. The provisions of this agreement shall not affect the rights of a Party to take stricter measures for the conservation of small cetaceans.  SOVR  SOVR 
Art.3  3. The Coordinating Authority  NATBF  NATBF 
Art.3.1  3.1. The activities of each Party shall be coordinated and monitored through its Coordinating Authority which shall serve as the contact piont for the Secretariat and the Advisory Committee in their work.     
Art.4  4. The Secretariat  SECF SECS  SECF SECS 
Art.4.1  4.1. The Secretariat shall, following instructions provided by the meetings of the Parties, promote and coordinate the activities undertaken in accordance with Article 6.1 of this agreement and shall, in close consultation with the Advisory Committee, provide advice and support to the Parties and their Coordinating Authorities.     
Art.4.2  4.2. In particular, the Secretariat shall: facilitate the exchange of information and assist with the coordination of monitoring and research among Parties and between the Parties and international organizations engaged in similar activities; organize meetings and notify Parties, the observers mentioned in Article 6.2.1 and the Advisory Committee; coordinate and circulate proposals for amendments to the agreement and its Annex; and present to the Coordinating Authorities, each year no later than 30 June, a summary of the Party reports submitted in accordance with Article 2.5, and a brief account of its own activities during the past calendar year, including a financial report.  ATTACH SCIR INFO  ATTACH 
Art.4.3  4.3. The Secretariat shall present to each Meeting of the Parties a summary of, inter alia, progress made and difficulties encountered since the last Meeting of the Parties. A copy of this report shall be submitted to the Secretariat of the Bonn Convention for information to the Parties of that Convention.  RELA INFO  RELA INFO 
Art.4.4  4.4. The Secretariat shall be attached to a public institution of a Party or to an international body, and that institution or body shall be the employer of its staff.     
Art.5  5. The Advisory Committee  HOBF SBS SBF  HOBF SBS SBF 
Art.5.1  5.1. The Meeting of the Parties shall establish an Advisory Committee to provide expert advice and information to the Secretariat and the Parties on the conservation and management of small cetaceans and on other matters in relation to the running of the agreement, having regard to the need not to duplicate the work of other international bodies and the desirability of drawing on their expertise.  INFO   
Art.5.2  5.2. Each Party shall be entitled to appoint one member of the Advisory Committee.     
Art.5.3  5.3. The Advisory Committee shall elect a chairman and establish its own rules of procedure.     
Art.5.4  5.4. Each Committee member may be accompanied by advisers, and the Committee may invite other experts to attend its meetings. The Committee may establish working groups.     
Art.6  6. The Meeting of the Parties  HOBS HOBF REVW FINAD AMND SECF EIF  HOBS HOBF FINAD SECF AMND EIF DEPO 
Art.6.1  6.1. The Parties shall meet, at the invitation of the Bonn Convention Secretariat on behalf of any Party, within one year of the entry into force of this agreement, and thereafter, at the notification of the Secretariat, not less than once every three years to review the progress made and difficulties encountered in the implementation and operation of the agreement since the last Meeting, and to consider and decide upon:  RELA  RELA 
Art.6.1.a  (a) The latest Secretariat report;     
Art.6.1.b  (b) Matters relating to the Secretariat and the Advisory Committee;     
Art.6.1.c  (c) The establishment and review of financial arrangements and the adoption of a budget for the forthcoming three years;     
Art.6.1.d  (d) Any other item relevant to this agreement circulated among the Parties by a Party or by the Secretariat not later than 90 days before the Meeting, including proposals to amend the agreement and its Annex; and  ATTACH  ATTACH 
Art.6.1.e  (e) The time and venue of the next Meeting.     
Art.6.2.1  6.2.1. The following shall be entitled to send observers to the Meeting: the Depositary of this agreement, the secretariats of the Bonn Convention, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on the Conservation of European Wildlife and Natural Habitats, the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft, the Convention for the Prevention of Marine Pollution from Landbased Sources, the Common Secretariat for the Cooperation on the Protection of the Wadden Sea, the International Whaling Commission, the North-East Atlantic Fisheries Commission, the International Baltic Sea Fisheries Commission, the Baltic Marine Environment Protection Commission, the International Council for the Exploration of the Sea, the International Union for the Conservation of Nature and Natural Resources, and all non-Party Range States and Regional Economic Integration Organizations bordering on the waters concerned.  RELA  RELA 
Art.6.2.2  6.2.2. Any other body qualified in cetacean conservation and management may apply to the Secretariat not less than 90 days in advance of the Meeting to be allowed to be represented by observers. The Secretariat shall communicate such applications to the Parties at least 60 days before the Meeting, and observers shall be entitled to be present unless that is opposed not less than 30 days before the Meeting by at least one third of the Parties.     
Art.6.3  6.3. Decisions at Meetings shall be taken by a simple majority among Parties present and voting, except that financial decisions and amendments to the agreement and its Annex shall require a three-quarters majority among those present and voting. Each Party shall have one vote. However, in matters within their competence, the European Economic Community shall exercise their voting rights with a number of votes equal to the number of their member States which are Parties to the agreement.  ATTACH RELA  ATTACH RELA 
Art.6.4  6.4 The Secretariat shall prepare and circulate a report of the Meeting to all Parties and observers within 90 days of the closure of the Meeting. This agreement and its Annex may be amended at any Meeting of the Parties.  INFO ATTACH  ATTACH 
Art.6.5.1  6.5.1. Proposals for amendments may be made by any Party.     
Art.6.5.2  6.5.2. The text of any proposed amendment and the reasons for it shall be communicated to the Secretariat at least 90 days before the opening of the Meeting. The Secretariat shall transmit copies forthwith to the Parties.     
Art.6.5.3  6.5.3. Amendments shall enter into force for those Parties which have accepted them 90 days after the deposit of the fifth instrument of acceptance of the amendment with the Depositary. Thereafter they shall enter into force for a Party 30 days after the date of deposit of its instrument of acceptance of the amendment with the Depositary.     
Art.7  7. Financing  FINAD SECF  FINAD SECF 
Art.7.1  7.1. The Parties agree to share the cost of the budget, with Regional Economic Integration Organizations contributing 2.5 per cent of the administrative costs and other Parties sharing the balance in accordance with the United Nations scale, but with a maximum of 25 per cent per Party.  RELA  RELA 
Art.7.2  7.2. The share of each Party in the cost of the Secretariat and any additional sum agreed for covering other common expenses shall be paid to the Government or international organization hosting the Secretariat, as soon as practicable after the end of March and in no case later than before the end of June each year.     
Art.7.3  7.3. The Secretariat shall prepare and keep financial accounts by calendar years.     
Art.8  8. Legal matters and formalities  DEPO MEMB EIF RESV  DEPO MEMB EIF RESV 
Art.8.1  8.1 This is an agreement within the meaning of the Bonn Convention, Article IV (4).  RELA  RELA 
Art.8.2  8.2 The provisions of this agreement shall in no way affect the rights and obligations of a Party deriving from any other existing treaty, convention, or agreement.  SOVR  SOVR 
Art.8.3  8.3 The Secretary-General of the United Nations shall assume the functions of Depositary of this agreement.  RELA  RELA 
Art.8.3.1  8.3.1 The Depositary shall notify all Signatories, all Regional Economic Integration Organizations and the Bonn Convention Secretariat of any signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the agreement, amendments, reservations and denunciations.  RELA  RELA 
Art.8.3.2  8.3.2 The Depositary shall send certified true copies of the agreement to all signatories, all non-signatory Range States, all Regional Economic Integration Organizations and the Bonn Convention Secretariat.  RELA  RELA 
Art.8.4  8.4. The agreement shall be open for signature at the United Nations Headquarters by 31 March 1992 and thereafter remain open for signature at the United Nations Headquarters by all Range States and Regional Economic Integration Organizations, until the date of entry into force of the agreement. They may express their consent to be bound by the agreement (a) by signature, not subject to ratification, acceptance or approval, or (b) if the agreement has been signed subject to ratification, acceptance or approval, by the deposit of an instrument of ratification, acceptance or approval. After the date of its entry into force, the agreement shall be open for accession by Range States and Regional Economic Integration Organizations.  RELA  RELA 
Art.8.5  8.5. The agreement shall enter into force 90 days after six Range States have expressed their consent to be bound by it in accordance with Article 8.4. Thereafter, it shall enter into force for a State and Regional Economic Integration Organization on the 30th day after the date of signature, not subject to ratification, acceptance or approval, or of the deposit of an instrument of ratification, acceptance, approval or accession with the Depositary.     
Art.8.6  8.6. The agreement and its Annex shall not be subject to general reservations. However, a Range State or Regional Economic Integration Organization may, on becoming a Party in accordance with Article 8.4 and 8.5, enter a specific reservation with regard to any particular species, subspecies or population of small cetaceans. Such reservations shall be communicated to the Depositary on signing or at the deposit of an instrument of ratification, acceptance, approval or accession.  ATTACH  ATTACH 
Art.8.7  8.7. A Party may at any time denounce this agreement. Such denunciation shall be notified in writing to the Depositary and take effect one year after the receipt thereof.     
Conc.1  In witness whereof the undersigned, being duly authorized thereto, have affixed their signatures to this agreement.  CONC TEXT  CONC TEXT 
Conc.2  Done at New York on 17 March 1992, the English French, German and Russian texts of the agreement being equally authentic.     
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 22 November 2017