Verdrag inzake de bescherming van trekkende wilde diersoorten

For the purpose of this Convention:

1. “Migratory species” means the entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries;

2. “Conservation status of a migratory species” means the sum of the influences acting on the migratory species that may affect its long-term distribution and abundance;

3. “Conservation status” will be taken as “favourable” when:

   1. (1)

      Population dynamics data indicate that the migratory species is maintaining itself on a long-term basis as a viable component of its ecosystems;

   2. (2)

      the range of the migratory species is neither currently being reduced, nor is likely to be reduced, on a long-term basis;

   3. (3)

      there is, and will be in the foreseeable future, sufficient habitat to maintain the population of the migratory species on a long-term basis; and

   4. (4)

      the distribution and abundance of the migratory species approach historic coverage and levels to the extent that potentially suitable ecosystems exist and to the extent consistent with wise wildlife management;

4. “Conservation status” will be taken as “unfavourable” if any of the conditions set out in sub-paragraph (c) of this paragraph is not met;

5. “Endangered” in relation to a particular migratory species means that the migratory species is in danger of extinction throughout all or a significant portion of its range;

6. “Range” means all the areas of land or water that a migratory species inhabits, stays in temporarily, crosses or overflies at any time on its normal migration route;

7. “Habitat” means any area in the range of a migratory species which contains suitable living conditions for that species;

8. “Range State” in relation to a particular migratory species means any State (and where appropriate any other Party referred to under sub-paragraph (k) of this paragraph) that exercises jurisdiction over any part of the range of that migratory species, or a State, flag vessels of which are engaged outside national jurisdictional limits in taking that migratory species;

9. “Taking” means taking, hunting, fishing, capturing, harassing, berate killing, or attempting to engage in any such conduct;

10. “Agreement” means an international agreement relating to the conservation of one or more migratory species as provided for in Articles IV and V of this Convention; and

11. “Party” means a State or any regional economic integration organization constituted by sovereign States which has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention for which this Convention is in force.

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.

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.