Berne Convention on the Conservation of European Wildlife and Natural Habitats
1979 environmental treaty
The BernConvention 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.
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
Participation in the Bern Convention:
Signed and ratified
Acceded or succeeded
Only signed
Not signed (CoE member states)
Not signed (non-CoE member states)
Member States of the Council of Europe, status as of 15 February 2022.[2]
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]
^ a b cCouncil 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
^Treaty Office (Reference ETS number 104), permalink on https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/104/signatures/
^"Bern". jncc.defra.gov.uk.
^ a bCouncil 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
^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
